CMA/955/2023 of Vijayalakshmi Vs Veeramani on 12 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) The above appeal is filed by the claimants seeking an enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Special District Court for Motor Accidents Claims Tribunal, Villupuram in M.C.O.P.No.217 of 2021.

2. The appellants/claimants are the wife and daughters of the deceased Loganathan. On 11.12.2020, the deceased was returning back from his village after seeing his agricultural land and when he was nearing his house near Oozhiyar Nagar Bus stop at Janakipuram Village, a bus bearing Regn.No.TN-45-N-3876 plying between Trichy to Chennai, which was belonging to the 2nd respondent, was driven by the 1st respondent in a rash and negligent manner endangering public and hit the deceased. As a result, the deceased sustained fatal injuries all over the body and died. Therefore, the claimants have filed a claim petition claiming for a sum of Rs.50,00,000/- as compensation before the Tribunal in M.C.O.P.No.217 of 2021 for the death of the deceased.

3. Before the Tribunal, the claimants have examined 2 witnesses viz., P.W.1 and P.W.2 and marked 27 documents viz., Ex.P.1 to Ex.P.27. On the side of the respondents, they have examined 1 witness as R.W.1 and no documents have been marked. After adjudication, the Tribunal awarded a sum of Rs.7,57,000/- as compensation to the claimants. Not satisfied with the same, the appellants have preferred the present appeal seeking enhancement.

4. Learned counsel appearing for the appellants submitted that the monthly income fixed by the Tribunal is on the lower side, which requires to be re-considered by this Court. She further submitted that the Tribunal has not awarded compensation towards loss of estate and transportation, which requires to be granted by this Court. Further, she submitted that the compensation awarded under the other heads are also on the lower side, which requires to be enhanced. Accordingly, she prays for appropriate enhancement in favour of the appellants.

5. Per contra, learned counsel appearing for the second respondent submitted that by considering all the oral and documentary evidence, the Tribunal has awarded just and reasonable compensation under various heads, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal.

6. Heard the learned counsel appearing for the appellants and the learned counsel appearing on behalf of the second respondent and perused the materials available on record.

7. The factum and manner of the accident is not in dispute. Therefore, this Court is not entering into the said aspect. The only grievance of the appellants/claimants is with regard to the quantum of compensation awarded by the Tribunal. It is claimed by the appellants/claimants that the deceased was earning a sum of Rs.30,000/- p.m. while he was working as a Superintendent (Retd.), Sub-Jail. In order to prove his income, the claimants have marked the Pension Payment Order as Ex.P.16, which reveals that the deceased was retired from service and receiving monthly pension of Rs.21,150/- for the month of November, 2020. Even then, the Tribunal had fixed a sum of Rs.9,000/- as notional income, which is on the lower side and hence, this Court fixes a sum of Rs.15,000/- as the notional income of the deceased. By fixing a notional income of Rs.15,000/- and adding future prospects at 10%, as has been held by the

Constitution Bench in the case of National Insurance Company Limited Vs. Pranay sethi and others reported in 2017 (16) Supreme Court Cases 680, the total income per month is quantified at Rs.16,500/-. Deducting 1/4th towards the personal expenses of the deceased, the income of the deceased is arrived at Rs.12,375/- per month and the deceased being aged about 61 years, as evidenced from the records, adopting the multiplier of 7 as fixed by the Apex Court in the case of Sarla Verma and Ors. v. DTC & Ors. reported in (2009) 6 SCC 121, the loss of income to the family is arrived at Rs.12,375/- * 12 * 7 = Rs.10,39,500/-, which is worked out as follows :- Loss of Income Amount (in Rs.) Notional income (Per month) 15,000 Add: Future

Prospects (Rs.15,000 x 10%) (Per month) 1,500 16,500 Less: Personal expenses (1/4th) (Rs.15,400/- x 4th) (Per month) 4,125 12,375 Notional income (per annum) (Rs.12,375/- x 12) 1,48,500 Multiplier

Total 10,39,500

8. Further, the Tribunal had awarded a sum of Rs.15,000/- towards funeral expenses; Rs.15,000/- towards damages to clothes and Rs.1,60,000/- towards loss of love and affection. This Court finds that the compensation awarded under the heads funeral expenses and loss of love and affection are just and reasonable and the same is confirmed. However, insofar as the compensation awarded under the head damages to clothes, this Court is of the view that the said compensation is on the higher side and hence, the same is reduced to a sum of Rs.1,000/-. Since no compensation has been awarded under the heads loss of estate and transportation, this Court awards a sum of Rs.15,000/- and Rs.10,000/- respectively.

9. In the above circumstances, the compensation awarded by the Tribunal is modified as under :- S. No. Heads Awarded by the Tribunal (Amount in Rs.) Awarded by this Court (Amount in Rs.)

Total loss of earning 5,67,000/- 10,39,500/- (enhanced)

Funeral Expenses 15,000/- 15,000/-

Damages to Clothes 15,000/- 1,000/- (reduced)

Loss of love and affection (Rs.40,000/- x 4) 1,60,000/- 1,60,000/-

Loss of Estate - 15,000/-

Transportation - 10,000/- Total 7,57,000/- 12,40,500/-

10. Accordingly, the Civil Miscellaneous Appeal is partly allowed and the impugned Award of the Tribunal is modified, enhancing the compensation amount from Rs.7,57,000/- to Rs.12,40,500/-. The second respondent is directed to deposit the said amount to the credit of M.C.O.P.No.217 of 2021 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. The above modified compensation amount shall be apportioned among the appellants as per the apportionment of the Tribunal. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellants through RTGS within a period of two (2) weeks thereafter upon production of proof with regard to payment of Court fee on the enhanced compensation by the appellants. The appellants/claimants are directed to pay necessary additional Court fee on the enhanced compensation amount. 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 sp

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. sp To The Motor Accident Claims Tribunal, Special District Court for Motor Accidents Claims Tribunal, Villupuram. C.M.A.No.955 of 2023 12-10-2026