CMA/226/2023 of LATHA Vs GNANAPRAKASAM on 12 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed by the appellants/ claimants challenging the judgment and decree passed in M.C.O.P.No.152 of 2018 dated 26.09.2022 on the file of the Motor Accidents Claims Tribunal/ Subordinate Judge Court, Tiruchengode.

2. The learned counsel appearing for the appellants submitted that on 12.05.2018 at about 4.45 p.m. the deceased Abirami was riding the Motorcycle bearing Registration No.TN-34 V-9761 in Annasilai – Sangagiri Roundana Road near Maneesh Cafe from South to North. At that time the bus bearing Registration No.TN-43 N-0744 belonging to the second respondent Corporation came in a rash and negligent manner on the same direction and hit the motorcycle, due to which the deceased was thrown away and the left side back wheel of the bus ran over the head of the deceased and the deceased died on the spot.

3. The learned counsel appearing for the appellants further submitted that thereafter, the parents of the deceased Abirami/ appellants/ claimants filed claim petition before the Motor Accidents Claims Tribunal, claiming a sum of Rs.25 Lakhs as compensation. After adjudication, the Tribunal awarded a sum of Rs.8,24,000/- as compensation along with interest at the rate of 7% per annum from the date of petition till the date of realization with costs and directed the second respondent to deposit the compensation. Aggrieved by the same, the claimants have preferred this appeal seeking enhancement in compensation.

4. The learned counsel appearing for the appellants further submitted that in order to prove the case, the second petitioner examined himself as P.W.1 and marked exhibits Ex.P.1 to Ex.P.9, however, the respondent Corporation neither examined any witness nor marked any exhibit.

5. The learned counsel appearing for the appellants further submitted that the accident is of the year 2018 and the deceased is a B.E.Graduate, however, the Tribunal fixed the notional monthly income of the deceased as Rs.7,700/- which is very very meagre. The learned counsel further submitted that the compensation awarded under the other heads also are meagre. Accordingly prayed for enhancement in compensation.

6. The learned counsel appearing for the second respondent Transport Corporation submitted that the Tribunal after considering all the factual aspects, awarded the compensation which is just and reasonable and hence, the impugned judgment warrants no interference.

7. Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the second respondent and perused the materials available on record.

8. The accident and the manner in which the accident happened are not disputed. This appeal has been filed only questioning the quantum of compensation. Hence, there is no need for any discussion with regard to negligence aspect.

9. The tribunal after elaborately discussing the factual aspects awarded a sum of Rs.7,85,400/- for loss of dependency, Rs.16,500/- for loss of estate, Rs.16,500/- for funeral expenses, Rs.5,000/- for transportation expenses and arrived at a total compensation of Rs.8,23,400/- rounded off to Rs.8,24,000/- with interest at the rate of 7% p.a. from the date of petition till the date of realization.

10. Admittedly, the accident is of the year 2018 and the deceased is a spinster aged 26 years at the time of death and she is a B.E.Graduate. In similar situation for the accident of the years 2016 and 2017, this Court has fixed the notional monthly income of the deceased at Rs.20,000/- for the B.E.Graduate. In the present case, the accident is of the year 2018 and hence this Court fix the notional monthly income of the deceased at Rs.21,000/-. As per the decision of the Hon'ble Apex Court reported in National Insurance Company Limited Vs. Pranay Sethi and others reported in MANU/SC/1366/2017, 40% of the monthly income has to be awarded for future prospects, however, the Tribunal has not awarded any amount towards future prospects. Hence, this Court award 40% of the monthly income for future prospects. The Tribunal has rightly deducted ½ of the monthly income for personal expenses and adopted the correct multiplier

17. Hence, the amount awarded for loss of dependancy works out to Rs.29,98,800/- [Rs.21,000/- X 40% = Rs.8,400/-; Rs.21,000/- + Rs.8,400/- = Rs.29,400/-; Rs.29,400/- X 1/2 = Rs.14,700/-; Rs.29,400/- - Rs.14,700/- = Rs.14,700/-; Rs.14,700/- X 12 X 17 = Rs.29,98,800/-].

11. The Tribunal has not awarded any amount for loss of love and affection and in the opinion of this Court some amount has to be awarded under the said head. Hence, this Court awards a sum of Rs.80,000/- [Rs.40,000/- each] towards loss of love and affection. The amount awarded under the heads loss of estate and funeral expenses, in the opinion of this Court is on higher side and this Court is inclined to reduce the amount awarded under the said heads. Accordingly, the amount awarded for loss of estate is reduced to Rs.15,000/- from Rs.16,500/- and the amount awarded for funeral expenses is reduced to

Rs.15,000/- from Rs.16,500/-. The amount awarded under the head transportation expenses, in the opinion of this Court is meagre and this Court is inclined to enhance the amount awarded under the said head. Accordingly, the amount awarded for transportation expenses is enhanced to Rs.10,000/- from Rs.5,000/-.

12. Accordingly, the compensation amount is re-assessed as follows: S.No. Description Amount Awarded by the Tribunal Amount Awarded by this Court

1. Loss of dependancy Rs.7,85,400/- Rs.29,98,800/-

2. Loss of estate Rs. 16,500/- Rs. 15,000/-

3. Funeral expenses Rs. 16,500/- Rs. 15,000/-

4. Transportation expenses Rs. 5,000/- Rs. 10,000/-

Loss of love and affection --- Rs. 80,000/- Total Rs.8,23,400/- rounded off to Rs.8,24,000/- Rs.31,18,800/-

13. The claimants are entitled to total compensation of Rs.31,18,800/- along with interest at the rate of 7% p.a. from the date of petition till the date of realization.

14. The civil miscellaneous appeal is partly allowed. The judgment and decree passed in M.C.O.P.No.152 of 2018 dated 26.09.2022 on the file of the Motor Accidents Claims Tribunal/ Subordinate Judge Court, Tiruchengode, is modified to the above extent.

15. The second respondent Transport Corporation is directed to deposit the modified/ enhanced award amount before the Tribunal within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants / claimants are permitted to withdraw their respective shares as apportioned by the Tribunal, along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. The appellants/ claimants shall not be entitled to any interest for the period of delay, if any, in filing/ representing the appeal. The appellants/ claimants are directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accidents Claims Tribunal/ Subordinate Judge Court, Tiruchengode, shall disburse the enhanced amount upon production of certified copy showing proof of payment of Court fee by the appellants/ claimants.

16. The civil miscellaneous appeal is partly allowed. No costs. (M.D.I.,J.) (A.D.M.C.,J.) 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Motor Accidents Claims Tribunal/ Subordinate Judge Court, Tiruchengode.

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri CMA No. 226 of 2023 12-10-2026