IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.12.2025 CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and C.M.P.No.21436 of 2022 M/s United India Insurance Co. Ltd., Regional Office, Third Party HUB, 35, 36 & 37, AR Plaza, 45, feet Road, Balaji Nagar, Puducherry, Branch Office No.28, Mailam Road, Tindivanam. ... Appellant vs.

1. Mageswari

2.Minor Gowsalya 3.Minor Sarumathi Minors are represented by their Mother Mageswari.

4.V.Pushpanathan ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 27.07.2022 made in MCOP No.501 of 2019 on the file of the Motor Accident Claims Tribunal / I Additional District Judge, Tindivanam.

For appellants : Mr.S.Arunkumar For Respondents For R1 : Ms.S.Preetha For R4 : No appearance J U D G M E N T This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the Award dated 27.07.2022 passed in M.C.O.P. No. 501 of 2019 by the Motor Accident Claims Tribunal / I Additional District Judge, Tindivanam, for a change in the quantum of compensation.

2. Despite the receipt of notice, the fourth respondent neither appeared nor entered appearance through his counsel.

3. Heard the learned counsel for the appellant/Insurance Company and the learned counsel for the first respondent/claimants.

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

5. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- by the legal heirs of the deceased minor, Jeeva @ Prathap, who died of a road traffic accident that occurred on 19.04.2019.

6. At trial, to substantiate the claim details, on the claimants’ side, the first claimant, has examined himself (P.W.1) and eight documents were marked. On the side of the appellant / Insurance Company, Ex.R1, the copy of the Aadhar card of the deceased, alone was marked, and no witness was examined.

7. The Tribunal, upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.14,25,000/- with interest at the rate of 7.5% per annum from the date of claim petition. The amounts granted under different heads are given hereunder:-

“Towards loss of dependency – Rs.12,60,000/-, towards loss of love and affection – Rs.1,00,000/-, towards funeral expenses – Rs.20,000/-, towards loss of estate – Rs.15,000/- and towards loss of companionship – Rs.30,000/-, in total a sum of Rs.14,25,000/- was awarded.”

8. The learned counsel for the appellant / Insurance Company would vehemently argue that, on account of the accident, 11-year-old boy died and the Tribunal has fixed his income at Rs.10,000/- per month, which is on the higher side and sought for change in the quantum of compensation.

9. Per contra, the learned counsel for the respondents / claimants would state that, considering the age and other relevant details, the amounts awarded under various heads are reasonable and therefore it does not warrant any interference by this Court.

10. It has come on record through P.W.1 / first claimant that while she was travelling on a two-wheeler as a pillion rider along with her minor son, aged about 11 years driven by her husband from Thiruvakkarai to Thirukkanur Road on 19.04.2019, at that point of time, when they were nearing Kodukkurkalam Anjaneyar Kovil, a Mahindra van bearing Reg. No. TN19 B 6978, came from the opposite direction in a rash and negligent manner, dashed against the two-wheeler. Due to the said impact, the minor boy succumbed to the injuries on the spot. She would further state that her son was studying in the 5th standard, and his school certificate is Ex.P.4. As per Ex.P.4, the date of birth of the deceased is 02.12.2008. Relying upon Ex.P.4, the age of the minor boy is taken as 11 years. Based on the aforesaid details, this Court deems fit to fix the income of the minor boy at Rs.9,500/- per month.

11. As held