CMA/1313/2023 of Mohammed Yasin (Died) Vs Selvanathan on 15 September 2026

Judgment

(Judgment of the Court was delivered by P.T.Asha J.) Seeking enhancement of the award passed in MCOP.No.5772 of 2017 by the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, the claimants are before this Court. The parties are referred to as claimants and respondents respectively for ease of understanding.

2. The claimants have filed the above petition claiming compensation of Rs.2,35,00,000/-. The case was filed by the injured, Mohammed Yasin who died pending the proceeding and his legal

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representatives have been brought on record. His wife is the second claimant, sons, the third and fourth claimants and mother and father of the deceased are the fifth and sixth claimants.

3. It is their case that on 13.09.2017, at about 18.00 hrs, when the deceased was travelling as a passenger in a car bearing registration No. TN 91 X 1271, on the GST Road from Chennai to Virudhachalam and when the driver of the car driving it slowly and casually, came near Chinna Kolambakkam Karpaga Vinayaga College, an Innova car bearing registration No. TN 07 AP 3969, driven in a rash and negligent manner coming from the opposite direction, had taken a sudden U-turn without any indicator or signal, as a result the said Innova car hit against the car in which the petitioner was travelling. The driver of the car lost control and he dashed against a tree, as a result of which the deceased had sustained multiple grievous injuries and head injuries. Therefore, the claimants have filed the claim petition seeking enhancement stating that the 1st respondent as the owner of the car and the 2nd respondent as its insurer are jointly and severally liable to pay compensation to them.

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4. The 1st respondent remained absent despite service of notice and was therefore set ex parte.

5. The 2nd respondent / insurance company filed a counter affidavit inter alia denying the accident and the manner in which it occurred. The insurance company had questioned the coverage of policy to the deceased and had also asked the claimants to produce the original insurance policy. The 2nd respondent denied the age, income, occupation etc,. of the deceased claimant and sought dismissal of the claim petition.

6. The Tribunal below held that the accident had occurred only due to the negligence of the 1st respondent driver and ultimately fixed compensation of Rs.32,25,600/- under the head of Loss of Dependency. Challenging the said award, the claimants are before this Court.

7. The claimants are aggrieved only by the fact that the Tribunal has fixed the salary at a sum of Rs.16,000/-, for calculating the award under the head of Loss of Dependency. The contention of the claimants is that the fixation of monthly income is very low. The learned counsel for the

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claimants would submit that the learned Judge has fixed a monthly income of Rs.16,000/-, which is very low and not in keeping with the documents filed on the side of the claimants.

8. On the other hand the learned counsel for the 2nd respondent / insurance company would submit that it is fair and just compensation.

9. We have heard the learned counsels on the either side and perused the records.

10. A perusal of Ex.P.33, shows that the deceased Mohammed Yasin was working as a Mechanical Supervisor in a company at Saudi Arabia and earning SR 3000 per month. It is further seen that he was sending a sum of Rs.25,000/- per month, as early as in the year 2010, itself. Therefore, fixing a salary of Rs.16,000/-, is totally contrary to the documents on record. It would be appropriate to fix the salary at a sum of Rs.25,000/- per month. In all other respects the compensation award stands confirmed.

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11. The re-worked compensation is as follows:- Heads Amount by the Tribunal Amount awarded by this Court Loss of Dependency Rs.32,25,600/- (16,000+40%-1/4x12x16) Rs.50,40,000 (25,000+40%-1/4x12x16) Loss of Consortium and love and affection Rs.2,00,000/- Rs.2,00,000/- Loss of Estate Rs.15,000/- Rs.15,000/- Funeral Expenses Rs.15,000/- Rs.15,000/- Transport Expenses Rs.10,000/- Rs.10,000/- Medical Expenses Rs.54,84,271/- Rs.54,84,271/- Attender Charges Rs.50,000/- Rs.50,000/- Total Rs.89,99,900/- Rs.1,08,14,271/-

12. The award of the Tribunal is modified, enhancing the compensation amount from Rs.89,99,900/- to Rs.1,08,14,271/-. The 2nd respondent / insurance company is directed to deposit the said amount to the credit of MACT OP.No.5772 of 2017, on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, 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 six weeks from the date of

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receipt of a copy of this judgment.

13. The enhanced amount shall be apportioned among the claimants in the same proportion as per the award of the Tribunal. On such deposit being made, the claimants are permitted to withdraw the award amount, along with proportionate accrued interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn, by filing necessary application before the Tribunal. The claimants are directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimants.

14. In the result, this civil miscellaneous appeal is allowed. No costs. (P.T.A.,J.) (E.M.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN

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To The Motor Accident Claims Tribunal, Special Motor Accident Compensation Claims Tribunal, III Court of Small Causes, Chennai.

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P.T.ASHA J. AND E.MANOHARAN J. KAN CMA No. 1313 of 2023 15-09-2026