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2025 Supreme(Online)(Mad) 63404
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
The United India Insurance Co.Ltd. – Appellant
Versus
T Anitha – Respondent
CMA No. 2625 of 2024 | CMP NO. 20863 OF 2024
For the Appellants/Petitioners: Mr.J.Michael Visuvasam
For the Respondent(s): U.Chithambaram
In motor accident claims, courts must consider the deceased's age and living costs when determining notional income for compensation.
Headnote:(A) Motor Vehicles Act, 1988 - Compensation in motor accident cases - Claim for compensation of Rs.30,00,000/- filed by claimants after the accident resulted in a fatality - Tribunal initially awarded Rs.13,90,500/- based on notional income of Rs.10,000/- - On appeal, the court considered age of the deceased and reduced notional income to Rs.8,000/- resulting in modified total compensation of Rs.12,42,600/- with interest at 7.5%. (Paras 5, 6)
(B) Appeal - Scope of review in compensation cases - Courts should not interfere with tribunal awards unless found to be arbitrary or flawed, showing the need to ensure just compensation for claimants. (Paras 4, 5)
| Table of Content |
|---|
| 1. overview of the case and parties involved. (Para 1 , 2) |
| 2. arguments regarding notional income and living conditions. (Para 3 , 4) |
| 3. summary of court's conclusions and modifications to compensation. (Para 5) |
JUDGEMENT
This Civil Miscellaneous Appeal has been filed to Set-aside the Final Award passed in MCOP No.165 of 2020 by the Honble Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee.
2. On 07.08.2020 at about 11.00 hours(Morning) when the deceased was travelling as Pillion rider in a TVS Jupiter Motor Cycle bearing Registration No.
TN-12-AJ-8533 towards West to East direction at Chennai to Bangalore National Highways, under the Over Bridge of Vandalur to Minjur 400 Feet road, Nazarathpet, when the Lorry bearing Registration No.TN-054-X-5477 came in the same direction, driven by its driver in a rash and negligent manner endangering the public safety, hit the deceased. By the accident, the deceased sustained sever Head Injury and she died on the spot. Hence the claimants filed this petition claiming compensation of Rs.30,00,000/-. The Insurance Company contested the case by filing counter. On considering the oral and documentary evidence, the tribunal awarded a sum of Rs.13,90,500/- as compensation.
Challenging the same, the Insurance Company filed this appeal.
3. The learned counsel for the appellant submits that the accident was happened in the year 2020 and deceased was aged about 16 years at the time of the accident but the tribunal fixed Rs.10,000/- as notional income of the deceased as such is erroneous and liable to be set aside. Hence, he prays to set aside the award passed by the tribunal.
4. The learned counsel for the claimants submit that on considering the cost of living at the time of the accident the tribunal has rightly fixed notional income of the deceased which needs no interference.
5. Considering the facts of the case, the accident was happened in the year
2020 hence the tribunal has fixed Rs.10,000/- notional income. However, it has failed to take note of the fact that deceased was 16 years at the time of the accident. Hence, this Court is inclined to reduce the notional income of the deceased from Rs.10,000/- to Rs.8,000/-. Accordingly, the claimants are entitled to Rs. 12,09,600/- for loss to dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged.
S.No.
Heads
Compensation awarded by the tribunal.
Compensation awarded by this Court
1.
Loss of income/dependence
Rs.15,12,000/-
Rs.12,09,600/-
2.
Loss of estate
Rs.16,500/-
Rs.16,500/-
3.
Loss of consortium
Nil
Nil
4.
Funeral expenses
Rs.16,500/-
Rs.16500/-
5.
Transportation charges
Nil
Nil
Total
Rs.15,45,000/-
Rs.12,42,600/-
. In view of the discussions made earlier, the compensation awarded by
6 the Tribunal is enhanced to Rs.12,42,600/-. The appellant is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No.165 of 2020 on the file of the Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee. , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.
7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.
23-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1.T Anitha W/o. Thangaraj, No.12, Melsilambadi Village and Post, Tiruvannamalai Dt
635 703.
2.T Thangaraj No 12 Melsilambadi Village and Post Tiruvannamalai District
3.T Sathish No 27 Pillaiyar Koil Street Seneerkuppam Poonamallee Chennai.
4. The Section Officer, V.R Section, High Court, Madr
