CMA/3216/2026 of The Manager Vs S.Meera (Died) 1. C.Selvadurai on 23 September 2026

Judgment

(Judgment of the Court was delivered by N.Mala J.)

The Insurance Company, aggrieved by the Award passed by the Claims Tribunal, dated 02.01.2026, in MCOP.No.7776/2018, has preferred the above appeal.

For the sake of convenience, the parties will be referred to as per their ranking in the claim petition.

The summary of facts are as follows: The parents of the deceased Sarathkumar, aged 27 years, filed the Claim Petition seeking compensation of Rs.60 lakhs for his death in a motor accident, which took place on 20.09.2018. On 20.09.2018. when the deceased was riding his motorcycle bearing Regn.No.TN-22-CT-7296, on Vandalur- Walajabad Road and while nearing Karasangal Erikkarai and Nursery Garden, a Lorry bearing Regn.No.TN-32-AE-4919, driven by its driver, in a rash and negligent manner, dashed against the deceased’s

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motorcycle, causing grievous injuries to him. The deceased, later succumbed to the injuries in a private hospital. According to the claimants, the deceased was working as Assistant General Manager, in a Private Company, viz., M/s.Paulsons, [Tony and Guy], and was earning Rs.35,000/- per month as salary. The claimants, having lost their son in the motor accident, filed the claim petition, seeking Rs.60 lakhs as compensation.

The 1st respondent, the owner of the lorry, remained exparte and the claim petition was contested by the 2nd respondent-Insurance Company. The 2nd respondent/insurer disputed the negligence, liability and the quantum of compensation claimed by the claimants and hence, prayed to dismiss the claim petition.

Before the Claims Tribunal, the 2nd claimant was examined as PW1 and two other witnesses were examined as PWs.2 and 3. Exs.P1 to P16 were marked on the side of the claimants. On the side of the 2nd respondent, no evidence, either oral or documentary, was adduced.

The Claims Tribunal, on the basis of the evidence of PW1 and PW3 and Ex.P1, the FIR, found that the negligence of the lorry driver, belonging to the 1st respondent, resulted in the accident. Since there was a valid subsisting policy for the offending vehicle at the time of the accident, the Claims Tribunal held that the 2nd respondent, as the insurer of the 1st respondent’s vehicle, was liable to compensate the claimants. On the

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issue of quantum, the Claims Tribunal, on the basis of Ex.P15-Salary Slip for the month of August 2018, by deducting professional tax of Rs.466/-, assessed the monthly income at Rs.35,466/-. After applying the settled legal principles, the Claims Tribunal, awarded a total compensation of Rs.51,34,504/- to the claimants. Aggrieved by the compensation awarded by the Claims Tribunal, the Insurance Company has filed the above appeal.

The only point raised by the learned counsel for the appellant, is that the Claims Tribunal erred in assessing the income of the deceased at Rs.35,466/- without any supporting evidence like bank statement and income tax returns.

We have heard the learned counsel for the appellant and perused the materials placed before us.

We find that the Claims Tribunal has relied on Ex.P15 – Salary Slip for the month of August 2018, wherein the salary of the deceased was shown as Rs.35,932/-. The Claims Tribunal, deducted Rs.466/- towards professional tax and fixed the notional income at Rs.35,466/- per month. We find absolutely no infirmity in the assessment of the income of the deceased since it is supported by the salary slip-Ex.P15. The 2nd respondent has not let in any evidence to controvert or to dispute the salary slip. In the absence of any contra evidence on the side of the 2nd respondent, we are of the view that the income fixed on the basis of

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Ex.P15, cannot be faulted. We find that the Claims Tribunal has adopted correct parameters for awarding total compensation of Rs.51,34,504/- and therefore, we find no infirmity or illegality in the judgment of the Claims Tribunal.

In view of the above discussions, the Civil Miscellaneous Appeal is dismissed at the admission stage itself and the judgment and decree of the Claims Tribunal, dated 02.01.2026, made in MCOP.No.7776/2018 is confirmed.

The Insurance Company shall deposit the Award amount of Rs.51,34,504/- [Rupees Fifty One Lakhs Thirty Four Thousand Five Hundred and Four only], along with interest at 7.5% per annum, from the date of petition till the date of deposit, within a period of twelve weeks from the date of receipt of copy of the web copy of the judgment, if not already deposited. On such deposit, the claimants shall be entitled to withdraw the same along with the accrued interest in the proportion directed by the Claims Tribunal, by filing appropriate application before the Tribunal. No costs. Consequently, the connected miscellaneous petition is closed. (P.T.A.,J.) (N.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP

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P.T.ASHA J. AND N.MALA J. AP CMA No. 3216 of 2026 AND CMP NO. 24981 OF 2026 23-09-2026