IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.A.No.1378 of 2022 M/s. Oriental Insurance Company Ltd.

E.P. XV/1029, Elampalloor Devaswam Trust Building, Kundara Quilon, Kerala – 691 501. .. Appellant Vs.

1. Thangaraj

2. Malar Preethi (Minor)

3. Shruthi (Minor) 4. D.Shanmugam

5. C.Selvam

6. HDFC Bank Limited The Branch Office, Retail Asset Division No.6, Second Floor, Raj Bhavan Fairlands, Brindavan Road, Salem – 16. .. Respondents Prayer: Appeal filed under Section 173 of the Family Court Act, 1983, against the judgment and decree made in M.C.O.P.No.736 of 2011 dated 14.03.2017 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Sankagiri.

For the Appellant : Mr.M.B.Raghavan For the Respondents : Mr.C.Mohan and Ms.A.Rexy Josephine Mary for M/s.King and Partridge for R6 No Appearance for R1 to R3 R4 & R5 set ex parte JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.)

This civil miscellaneous appeal is arising out of the award passed by the Motor Accidents Claims Tribunal, Sankagiri, that is, Subordinate Court at Sankagiri, vide order dated 14.03.2017 made in M.C.O.P.No.736 of 2011.

2. Due to the road accident that occurred on 30.03.2011, one Jamuna, who was riding “TVS Scooty Streek” two-wheeler along with one Chandra, sustained injuries, due to which, subsequently, the said Jamuna died. The respondents 1 to 3 are the legal heirs of the deceased Jamuna, who joined together and filed the said M.C.O.P., seeking compensation of a sum of Rs.10,00,000/-.

3. It was the case of the claimants before the Tribunal that the deceased Jamuna was an LIC Agent and was earning a sum of Rs.10,000/- per month and based on which, such compensation had been sought. The Tribunal, having considered the evidences adused before it, has come to the conclusion that the earning of the deceased Jamuna per month was to be fixed at Rs.8,500/-. On that basis, by applying the multiplier 16, the Tribunal, by taking the future prospects at 50%, has come to the conclusion that the loss of earning ,including the future prospects, would be at Rs.16,32,000/-.

Under the heading “pain and suffering to claimants”, the Tribunal has awarded Rs.1,13,000/- and for “loss of consortium”, a sum of Rs.1,00,000/- was awarded. For “loss of love and affection” to the two children, a sum of Rs.2,00,000/-, that is Rs.1,00,000/- each, has been awarded and for “funeral expenses” Rs.25,000/- was awarded. Totally, a sum of Rs.20,70,000/- was awarded.

4. Aggrieved over the quantum of such award, the appellant Insurance Company has preferred the present civil miscellaneous appeal.

5. Heard Mr.M.B.Raghavan, learned counsel for the appellant and Mr.C.Mohan learned counsel appearing for M/s.King and Partridge for respondent 6. In respect of respondents 1 and 3, despite notice having been served, none appears on behalf of respondents 1 and 3, who are the main contesting respondents.

Respondents 4 and 5 have been set ex parte already.

6. Insofar as the monthly income fixed at Rs.8,500/- is concerned, it is based on the evidences adused before the Tribunal. Therefore, we do not find any error in fixing the monthly income of the deceased Jamuna at Rs.8,500/-.

7. However, insofar as the future prospects is concerned, instead of 40%, it has been taken as 50%. Therefore, we feel that only 40% is to be added. For the personal expenses, if 1/3^rd is deducted, then the annual income would be Rs.1,02,000/- and if multiplier 16 is applied, the total amount would be Rs.16,32,000/-.

8. Insofar as pain and suffering is concerned, the amount to be awarded must be Rs.62,259/- only as per the medical bills. For loss of consortium, instead of Rs.40,000/-, Rs.1,00,000/- has been awarded, which can be fixed only at Rs.40,000/-. Like that, for loss of love and affection for the two children, each would be entitled to get Rs.40,000/-, totaling to Rs.80,000/-. The Rs.2,00,000/- awarded in