CMA/2228/2026 of VASANTHA Vs T.K.PALANISAMY on 7 September 2026

Judgment

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

The claimants are the appellants before this Court. Not satisfied with the compensation awarded by the Claims Tribunal, dated19.07.2022, in MCOP.No.1017/2020, the claimants have filed the above appeal for enhancement of compensation.

For the sake of convenience, the parties will be referred to as per their ranking in the Civil Miscellaneous Appeal.

The brief facts of the case are that on 07.08.2020, at about 11.00 a.m., when the appellants’ son Karthi, was riding his motorcycle bearing Registration No.TN-93-C-0533 in Omalur-Tharamangalam Main Road towards Tharamangalam, a lorry bearing Registration No.Tn-29- AX-6617, coming in the opposite direction, driven by its driver in a rash

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and negligent manner, hit the motorcycle, causing the death of the appellants’ son. The appellants therefore filed a claim petition, seeking compensation of Rs.3 Crores.

Before the Claims Tribunal, the 1st respondent remained exparte and the claim petition as against the 3rd respondent was dismissed. The claim petition was contested by the 2nd respondent. The 2nd respondent denied the manner of accident, negligence, liability and the quantum of compensation claimed as highly excessive and speculative and hence, prayed for the dismissal of the claim petition.

Before the Claims Tribunal, the appellants examined themselves as Pws.1 and 2 and marked Exs.P1 to P24 besides marking Exs.X1 to X4. On the side of the respondents, no oral evidence was adduced, however, Ex.X5 was marked.

The Claims Tribunal, after framing necessary issues, found that the accident occurred due to the negligence of the 1st respondent’s lorry driver. The Tribunal, on an assessment of the entire materials on record, on the question of liability, found that the respondents 1 and 2 were jointly and severally liable to pay the compensation to the appellants and exonerated the 3rd respondent. The Tribunal, on the question of quantum, found that the deceased, a Post Doctorate in Physics, had worked in a Chinese University. The Tribunal, in the absence of proper evidence in support of the income of the deceased at the time of the accident, fixed

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the income of the deceased at Rs.25,000/- per month. The Tribunal assessed the total compensation payable to the appellants at Rs.24,65,000/- and awarded interest at 7.5% per annum. Not satisfied with the compensation awarded by the Tribunal, the appellants have filed the above appeal.

We have heard the learned counsels on either side and perused the materials placed on record.

According to the appellants, their son, the deceased Karthi, was aged 30 years at the time of the accident and possessed a Post Doctorate degree in Physics. The appellants contended that the deceased was working in Henan University, a Chinese Government University and was earning Rs.20 lakhs per month. Since the appellants lost their son, they filed the claim petition seeking Rs.3 Crores as compensation.

Admittedly, the deceased was a Post Doctorate in Physics. However, absolutely no evidence is adduced on the side of the appellants to prove the income of the deceased. Since the deceased was aged only 31 years at the time of the accident and possessed a Post Doctorate degree in Physics, we are inclined to enhance the income to Rs.27,000/-. We are also of the view that 40% of the income should be added towards future prospects and 50% of the deceased’s income requires to be deducted towards his personal expenses since he died as a bachelor. As the deceased was aged 31 years at the time of the accident, the multiplier

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‘’16’’ is adopted. Accordingly, the total income of the deceased is calculated thus:- Loss of income:- Notional income of the deceased fixed by this Court - Rs.27,000/- Add 40% of income towards future prospects - Rs.10,800/- ------------------ Total Rs.37,800/- Less 50% towards personal expenses - Rs.18,900/- ------------------ Net income per month Rs.18,900/- ----------------- Total Loss of income=18900x12x16 Rs.36,28,800/- ----------------

The Claims Tribunal has awarded Rs.20,000/- to each of the appellants towards ‘’loss of love and affection’’. We are of the view that the same needs to be enhanced to Rs.40,000/- each to the appellants in tune with the judgment of the Hon’ble Supreme Court in National Insurance Company Vs. Pranay Sethi reported in AIR 2017 SCC 5157 : 2017 [16] SCC 680.

The Award of the Claims Tribunal is accordingly modified as follows:- Sl.No Conventional Heads Amount Awarded by the Tribunal in Rs. Amount Awarded by this Court in Rs.

Loss of income 24,00,000 36,28,800

Loss of love and affection 40,000 80,000

Funeral Expenses 25,000 25,000

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Total 24,65,000 37,33,800/-

The respondent/Insurance Company shall deposit the entire modified Award amount of Rs.37,33,800/- [Rupees Thirty Seven Lakhs Thirty Three Thousand Eight Hundred only] within a period of twelve weeks from the date of receipt of a web copy of this order, if not already deposited. The appellants are permitted to withdraw the same, on filing of appropriate application before the Claims Tribunal.

With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. (P.T.A.,J.) (N.M.,J.) 07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Internet: Yes AP To

1. The District Judge [Commercial Court] Holding Full Additional Charge for Special District Court, MCOP Tribunal, Salem.

2. The Section Officer VR Section, High Court, Chennai.

3. United India Insurance Company Limited, TP HUB Peramanur Main Road, Salem.

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P.T.ASHA J. AND N.MALA J. AP CMA No. 2228 of 2026 07-09-2026

CMA No. 2228 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-09-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA AND THE HON'BLE MRS.JUSTICE N. MALA CMA No. 2228 of 2026 CNR:{HCMA011814852023}

3. Vasantha W/o. Sekar, Residing at No.11-2-7, Chinnappapatti Road, Jalakandapuram, Salem District.

4. Sekar, S/o. Subramaniam, Residing at No.11-2-7, Chinnappapatti road, Jalakandapuram, Salem District. ..Appellant(s) Vs

4. T.K.Palanisamy S/o. Krishnan, O.No.6/20, N.No.6/84, Thalakulam Varadhanallur Post, Bhavani Taluk, Erode.

5. United India Insurance Company Limited, TP HUB Peramanur Main Road, Salem.

6. Reliance General Insurance Company Ltd, Omalur Main Road, Salem ..Respondent(s) CMA No. 2228 of 2026 To enhance the compensation amount made in judgement and decree dated 19-07-2022 made in MCOP.No. 1017 of 2020, on the file of The

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Motor Accidents Claims Tribunal, Special District Court, Salem and thus render justice. CMA No. 2228 of 2026 For Appellant(s): S.P.Yuaraj K. Premnath S. Ramprabu For Respondent(s): M/s.S.Arunkumar M.L. Ganesh For R2 (vakalat Filed In Cmp.24866/2023) Mr.P.Suresh Srinivasan Counsel Takes Notice For R3 R1-deceased =============== Pvt Notice Aos Filed

Order

(Order of the Court was made by P.T.Asha J.)

Today, the above case is listed under the caption ‘’For Being Mentioned’’, at the instance of the Court.

This Court, vide judgment dated 07.09.2026, had partly allowed the above Civil Miscellaneous Appeal. However, it is seen that in paragraph No.12 of the judgment, the observations regarding ‘’percentage of interest’’ and the ‘’withdrawal of the accrued interest’’ is found to be omitted due to inadvertence.

Hence, paragraph No.12 of the judgment dated 07.09.2026, is as follows:- ‘’12.The 2nd respondent/Insurance Company shall deposit the entire modified Award amount of

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Rs.37,33,800/- [Rupees Thirty Seven Lakhs Thirty Three Thousand Eight Hundred only] along with 7.5% interest per annum, within a period of twelve weeks from the date of receipt of a web copy of this order, if not already deposited. The appellants are permitted to withdraw the modified Award amount along with accrued interest, on filing of appropriate application before the Claims Tribunal.’’

Registry is directed to incorporate the above paragraph as Paragraph No.12 in the judgment dated 07.09.2026, and issue fresh order copy to the parties concerned. (P.T.A.,J.) (N.M.,J.) 22-09-2026 AP To

1. The Special District Judge Motor Accidents Claims Tribunal Salem.

2. United India Insurance Company Limited, TP HUB Peramanur Main Road, Salem. Reliance General Insurance Company Ltd, Omalur Main Road, Salem

3. The Section Officer VR Section, High Court, Chennai.

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P.T.ASHA J. AND N.MALA J. AP CMA No. 2228 of 2026 22-09-2026