T.V.THAMILSELVI, J.

This matter was taken up for hearing under the caption “For Being Mentioned” today at the instance of the learned counsel for the appellant.

2. The learned counsel for appellant would submit that this Court by an order dated 09.07.2025 partly allowed the above C.M.A. However, he would submit that in paras 9 (iii) and (v), the appellant insurance company is the National Insurance Company Limited, but it was wrongly mentioned. Hence, he prayed to amend the same.

3. The learned counsel for respondents 1, 2 and 4 appeared and submitted that he has no objection in modifying the same in the order.

4. Heard the contentions of learned counsel for appellant and the learned counsel for respondents 1, 2 and 4 and perused the order.

5. Considering his submissions, the paras 9(iii) and (v) of the judgment shall be substituted as follows:

Para 9(iii)

“The appellant/National Insurance Company Limited is directed to deposit the revised compensation amount of Rs.11,75,000/- together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit (less the amount already deposited by them), within a period of four weeks from the date of receipt of a copy of this judgment.” Para 9 (v) :-

“(v) The appellant/National Insurance Company Limited is at liberty to withdraw the amount deposited by them over and above the compensation awarded by this court.”

6. Registry is directed to incorporate above correction in the Judgment of this Court in C.M.A.No.1789 of 2024 dated 09.07.2025 and issue fresh order copy to the appellant.

20.02.2026 rpp T.V.THAMILSELVI, J.

rpp

20.02.2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2025 CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.13085 of 2024 The Divisional Officer, The National Insurance Co. Ltd., nd

2 Floor, No.110, Jawaharlal Nehru Street, Puducherry. ... Appellant Vs.

1.Pappa

2.Veeramani

3.Umarani

4.Mala

5.Baskar ... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, prays to set aside the decree and judgement passed in MCOP.No.86 of 2016, dated 26.06.2019 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Thittakudi.

For Appellants : Mr.J.Chandran For R1,2 & 4 : Mr.S.Udhayakumar For R3 : No appearance.

JUDGMENT

The appellant has filed this appeal against the award passed in MCOP.No.86 of 2016 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Thittakudi, dated 26.06.2019.

2. On considering the oral and documentary evidence, the Tribunal allowed the claim petition and awarded a sum of Rs.13,25,000/- as compensation, directing the 2nd respondent to pay the said amount to the claimants, along with interest at the rate of 7.5% per annum from the date of the petition till the date of realization.

3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (Insurance company) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

4. The learned counsel appearing for the appellant contended that the Tribunal had fixed the monthly income of the deceased at Rs.12,000/- especially, when no proof of income was filed by the claimants. He further contended that the monthly income of the deceased should be reduced and, accordingly, the compensation awarded by the Tribunal should be scaled down.

5. The learned counsel appearing for the respondents / claimants contended that the deceased was engaged in agriculture and milk supply business and was actually earning a sum of Rs.25,000/- per month. HE further contended that the Tribunal had fixed the notional income of the deceased at Rs.12,000/- per month and deducted ¼ towards his personal expenses. Therefore, he submitted that the Award passed by the Tribunal need not be disturbed at this stage.

6. Though in the claim petition it was contended by the claimants that the deceased was engaged in agriculture and milk supply business and was earning a sum of Rs.25,000/- per month, no proof of income