CMA/1928/2023 of THE MANAGER Vs Dhanashri on 14 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This Civil Miscellaneous Appeal has been filed by the Appellant Insurance company challenging the award passed by the Motor Accident Claims Tribunal, II Additional District and Sessions Court, Chidambaram, in MCOP No.59 of 2021 dated 17.04.2023 questioning the quantum of compensation awarded by the Tribunal.

2. The case of the claimants is that, on, 06.01.2020, the deceased Mahendiran was travelling as a pillion rider on a motor cycle bearing registration No.TN32 AM 0434 which was driven by his friend Srinivasan. While they were crossing the highway after giving appropriate signal, the appellant insured car bearing registration No.TN 04 AU 8703 which came in a rash and negligent manner, hit against the motorcycle. As a result of which, both the driver of the motorcycle as well as the deceased were thrown out of the motorcycle and sustained grievous injuries. Immediately thereafter, both of them were taken to the Government Medical College Hospital, Mundiyampakkam for treatment where the said Mahendiran was declared dead. Pursuant to the said accident, an FIR came to be registered in Crime No.11 of 2020 as against the driver of the appellant insured vehicle. It is under these circumstance, the dependants of the deceased/claimants filed the claim petition in MCOP No.59 of 2020 before the Tribunal claiming compensation of Rs.60,00,000/- on account of the death of the deceased.

CMA No. 1928 of 2023

3. The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, had proceeded to pass the award in the claim petition granting total compensation of Rs.59,61,250/- to the claimants under various heads. The said compensation was directed to be paid along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit. Aggrieved by the same, the present appeal has been filed before this Court.

4. The learned counsel appearing for the appellant insurance company submitted that the quantum of compensation awarded by the Tribunal is highly excessive particularly under the head ‘loss of income’ as the amount determined is contrary to the documents produced by the claimants relating the salary of the deceased and therefore, the award passed by the Tribunal warrants interference. Accordingly, he prays for allowing the appeal.

5. Learned counsel appearing for respondent nos.1 to 5 submitted that the the Tribunal after considering the oral and documentary evidences, has rightly fixed the compensation which requires no interference. Accordingly, he prayed for dismissal of the Appeal.

6. Heard the learned counsel for the appellant and perused the materials available on record.

7. The Appellant Insurance Company has challenged the quantum of compensation awarded by the Tribunal. On perusal of the documents, it is

CMA No. 1928 of 2023

evident that the deceased was employed as a supervisor at Sree Kannika textiles, Villupuram. In order to substantiate the same, P.W.2, the employer of the deceased was examined before the Tribunal and the salary certificate had been marked as Ex.P.14. A perusal of the evidence of P.W.2 as well as the Ex.P.14 and other salary related documents, reveals that the deceased was earning a sum of Rs.3,47,000/- per annum and accordingly, the Tribunal, after deducting a sum of Rs.5,000/- towards income tax, had fixed the annual income of the deceased at Rs.3,42,000/-. In the absence of any contra evidence, we are of the view that, by no stretch the compensation awarded under the head ‘Loss of Income’ could be said to be excessive or disproportionate. Further, this Court finds that the compensation awarded under other heads is also just and reasonable. Therefore, in the considered view of this Court, we do not find any perversity in the impugned award passed by the Tribunal and we find that the Tribunal has fixed a reasonable amount as a compensation to be payable to the claimants.

8. In the light of the above discussion, this appeal fails and the same is dismissed. The appellant-insurance company is directed to deposit the entire award amount together with interest at 7.5% p.a. from the date of claim petition till date of deposit and costs as ordered by the Tribunal, less the amount, if any, already deposited, to the credit of MCOP No.59 of 2021 on the file of the Motor Accidents Claims Tribunal, II Additional District and Sessions Court, Chidambaram, in MCOP No.59 of 2021 within a period of four weeks from the

CMA No. 1928 of 2023

date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to disburse the compensation amount apportioned to the share of the 1st and 4th claimant along with accrued interest and costs through RTGS directly to the bank account of the said claimants within a period of two weeks from the date of deposit being made by the appellant-insurance company. Insofar as the share of the minors 2nd and 3rd claimants are concerned, the Tribunal is directed to deposit the same in an interest bearing fixed deposit till the said claimants attain majority and the interest that accrues on the said amount shall be paid to the 1st claimant every quarter to be utilized for the benefit of the minor 2nd and 3rd claimants. On such deposit, the compensation amount can be withdrawn by the claimants in the preposition fixed by the Tribunal. No costs. Consequently, the connected miscellaneous petition is closed. (M.D.I.,J.) (A.D.M.C.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NHS To The Motor Accident Claims Tribunal, II Additional District and Sessions, Chidambaram.

CMA No. 1928 of 2023

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. NHS CMA No. 1928 of 2023 and C.M.P.No.18692 of 2023 14-10-2026