IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.12.2025 CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

1.Bhagyamma

2.Gangaiah ... Appellants vs.

1.Boya Kesalu

2.The Oriental Insurance Company Limited, nd Oriental House, 2 Floor, Old No.115, New No.216, Prakasam Road, Broadway, Chennai – 600 018. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the amount awarded in MCOP No.7894 of 2018 dated 28.03.2022 on the file of the Motor Accident Claims Tribunal, (In the II Court of Small Causes, Chennai).

For appellants : Mr.K.Varadhakamaraj For Respondents : Mr.J.Chandran for R2 J U D G M E N T Not being satisfied with the award passed in M.C.O.P.No.7894 of

2018 dated 28.03.2022 on the file of the the Motor Accident Claims Tribunal, (In the II Court of Small Causes, Chennai), the parents/legal heirs of one Prasannakumar, have filed this Civil Miscellaneous Appeal for enhancement of compensation.

2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.

3. Heard the arguments of the learned counsel for the appellant and learned counsel for the second respondent. Perused the relevant records.

4. By consent, this civil miscellaneous appeal is taken up for final disposal at the admission stage itself.

5.The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.45,00,000/- for the death of one Prasannakumar, who succumbed to the injuries in a road traffic accident that took place on 02.12.2018.

6. The Tribunal upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.22,93,100/- with interest at the rate of 7.5% per annum from the date of claim petition and the amounts granted under various heads are given hereunder:-

“Towards loss of dependency Rs.22,17,600/-; towards loss of estate Rs.15,000/-; towards loss of love and affection Rs.44,000/-; towards funeral expenses Rs.16,500/-; totally a sum of Rs.22,93,100/- is granted.”

7. The learned counsel for the appellants/claimants would strenuously contend that the claimants are the parents of the deceased, but the Tribunal deducted 1/3 towards the deceased’s personal and living expenses, which is erroneous. He further submitted that the deceased was employed as a driver and was earning Rs.18,000/- per month, but the Tribunal had incorrectly fixed his notional income at only Rs.11,000/- per month. It is also argued that the claimants, being only two in number, the father and mother of the deceased, are entitled to a higher amount under the head of loss of love and affection, whereas the Tribunal has awarded only Rs.44,000/-, which is inadequate and sought for enhancement of compensation.

8. The learned counsel for the second respondent/Insurance Company submitted that, taking into account the age and avocation of the deceased and the number of claimants, the Tribunal has awarded a total compensation of Rs.22,93,100/- under various heads in a fair and reasonable manner. Therefore, according to the Insurance Company, the award does not call for any interference by this Court.

9. It has come on record through the evidence of P.W.1 that the deceased, Prasannakumar, was employed as a driver with Safe Trans, Tiruppathi, and was earning Rs.18,000/- per month. Ex.P14, the driving licence of the deceased, has been marked, but no other documentary evidence has been produced to substantiate the claimed income. The accident occurred on 02.12.2018. Based on Ex.P14, the age of the deceased is taken as 24 years. In view of the above factors, this Court deems fit to fix the monthly income of the deceased at Rs.15,000/-.

10. In terms of the law laid down by the Hon’ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi and others, 2017 (2) TN MAC 609 (SC), an addition towards future prospects is to be added while computing loss of dependency. Since the deceased was below 40 years of