IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 21.01.2026 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.M.A.No. 69 of 2026

1.Sadineni Jyothi

2.Sadineni Venkata Subbarao Sadineni Dhanush (minor) (since died)

(Minor rep. by her mother &

next friend the 1^st respondent)

(amended as per order in M.P.No.2 of 2023 dated 10.08.2023) .... Appellants Vs

1.S.Saravanan

2.The Oriental Insurance Co. Ltd., Motor Third Pary Claims Hub, Oriental House, 2^nd Floor, No.216, Prakasam Salai, Broad Way, Chennai – 600 001. .... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, to enhance the compensation of Rs.28,36,600/- as awarded by the lower court in MACT.O.P.No.563 of 2018 on the file of the Special Sub Court No.I (Motor Accidents Claims Tribunal), Small Causes Court, Chennai on

06.11.2024 to Rs.43,36,600/-.

For Appellants : Mr.M.Mahendran For Respondents : Mr. J. Chandran for R2 R1 – Notice dispensed with.

JUDGMENT

This Appeal has been filed under Section 173 of Motor Vehicles Act by the appellants/claimants seeking enhancement of the compensation awarded by the Claims Tribunal.

2. Shortly stated, on 06.12.2017 at about 7.00 hours, the deceased was travelling as a pillion rider on a motorcycle bearing Registration No.TN-07- BP-0640 in Rajiv Gandhi Salai, proceeding from south to north direction. The said motorcycle was ridden by one Praveen Ogety. When they were proceeding opposite to Door No.5/353, a lorry bearing Registration No.TN-14-D-4966, driven by its driver in a rash and negligent manner, entered Rajiv Gandhi Salai from the service road by suddenly taking a right turn without obeying the traffic rules and dashed against the motorcycle. Due to the impact, the rider sustained grievous spinal injuries and the pillion rider sustained fatal injuries and succumbed to the same. The accident occurred only due to the rash and negligent driving of the driver of the lorry. At the time of accident, the deceased was aged about 20 years. Claiming that the deceased was earning a sum of Rs.50,000/- per month, the parents of the deceased filed a claim petition seeking compensation of Rs.50,00,000/- for the death of their son.

3. The respondents contended that the accident occurred due to the rash and negligent riding of the motorcycle by deceased and denied their liability. Upon consideration of the pleadings and evidence on record, the Claims Tribunal framed necessary issues and came to the conclusion that the accident had occurred due to the rash and negligent driving of the driver of the offending lorry. Accordingly, the Tribunal awarded a sum of Rs.28,36,600/- as compensation. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellants / claimants have preferred the present appeal seeking enhancement.

4. Mr.M.Mahendran, the learned counsel for the appellants/claimants contended that the Tribunal had fixed the notional monthly income of the deceased as Rs.18,000/-, which is very meagre. According to the counsel, the deceased was pursuing fourth year B.E. course and his expected earning capacity upon completion of the course was Rs.50,000/- per month. However, the Tribunal fixed only Rs.18,000/- as the monthly income, which is on the lower side. Hence, he prayed for enhancement of compensation awarded by the Claims Tribunal.

5. Per contra, the learned counsel appearing for the 2^nd respondent/Insurance Company would submit that the Tribunal, after analysing the oral and documentary evidence, has awarded just and reasonable compensation, which requires no interference by this Court.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. It is claimed by the learned counsel for the appellants that the deceased, being a final year B.E. Student, was expected to earn not less than Rs.50,000/- per month. However, the Tribunal fixed the notional monthly income of the deceased at Rs.18,000/-. Considering the year of accident and the