CMA/2960/2026 of The Manager Vs G.Santhanalakshmi on 7 September 2026

Judgment

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

The 2nd respondent before the Claims Tribunal, is the appellant in this appeal.

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

The Civil Miscellaneous Appeal is filed by the appellant against the judgment and decree dated 25.03.2026, passed in MCOP.No.4766/2023, by the learned Judge, III Court of Small Causes, Motor Accident Claims Tribunal, Chennai, awarding compensation of Rs.41,53,000/- along with 7.5% interest per annum to the respondents 1 to 3 herein.

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CMA No. 2960 of 2026

The summary of facts in brief, leading to the Appeal are that, on 08.07.2023, at about 11.45 p.m., when the deceased was riding his motorcycle bearing Registration No.TN-73-AH-9005 and was proceeding in Karnampet-Ammundi Road, a lorry bearing Registration No.TN-73- H-7907, proceeding in the same direction, belonging to the 4th respondent and insured with the appellant, driven by its driver in a rash and negligent manner, dashed against the deceased’s motorcycle, causing the death of the deceased. The claimants, who are the parents and sister of the deceased, filed the claim petition claiming compensation of Rs.48,00,000/-.

The 4th respondent herein, the owner of the lorry, remained exparte and the appellant alone contested the claim petition. The appellant, in its counter, denied the manner of accident, negligence, the liability and the quantum of compensation claimed by the claimants. The appellant further contended that the claim was highly excessive and speculative and therefore, the petition deserved to be dismissed.

Before the Claims Tribunal, the 1st respondent herein examined herself as PW1 and Mr.Pourselvan, an eyewitness, was examined as PW2. The respondents 1 to 3 marked Exs.P1 to P10. On the side of the appellant, no evidence was adduced either oral or documentary.

The Claims Tribunal, after framing necessary issues, found that the negligence of the lorry driver resulted in the accident. The Claims

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Tribunal, on the issue of liability, found that there was a valid insurance policy and therefore, mulcted the liability on the appellant. The Tribunal, after considering the materials on record in support of the age and income of the deceased, awarded a total compensation of Rs.41,53,000/- along with 7.5% interest per annum. Aggrieved by the quantum of compensation awarded by the Claims Tribunal, the appellant has filed the above appeal.

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

The appellant has filed the appeal challenging the quantum of compensation awarded by the Claims Tribunal. The solitary contention of the learned counsel for the appellant is that, since the deceased died as a bachelor, the deduction of the income towards personal expenses of the deceased should be one-half and not one-third.

The Tribunal’s findings regarding the income of the deceased, future prospects and the compensation payable under the other conventional heads, is not disputed. The only point raised is that the Tribunal erred in deducting only 1/3rd of the deceased’s income towards his personal expenses. We find force in the submission of the learned counsel for the appellant.

It is settled law that in the case of death of a bachelor, the deduction towards personal expenses should be 50% of the income. The Claims

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Tribunal, though referred to the judgment of the Hon’ble Supreme Court in Sarla Varma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104, erroneously held that 1/3rd of the deceased’s income had to be deducted towards his personal expenses. We find that as per the Sarla Varma case [cited supra], the deduction in the case of death of a bachelor, is only one-half of the income of the deceased and not 1/3rd. Hence, the award of the Tribunal is interfered with insofar as it relates to the deduction towards the personal expenses of the deceased is concerned.

The loss of income is arrived at as follows:- Notional income fixed by the Tribunal - Rs.20,000/- [Add] 40% for future prospects - Rs. 8,000/- ------------------- Rs.28,000/- [Less] 50% of income towards personal expenses - Rs.14,000/- ------------------- Rs.14,000/- ------------------- Loss of income:-14,000x12x18 Rs.30,24,000/-

The amounts awarded under the other conventional heads, are confirmed.

In view of the above discussions, the compensation awarded by the Claims Tribunal, is modified as follows:- Sl.No, Conventional Heads Amount Awarded by the Tribunal in Rs. Amount Awarded by this Court in Rs.

Loss of income 40,32,000 30,24,000

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Loss of consortium [44,000x2] 88,000 88,000

Loss of Estate 16,500 16,500

Funeral expenses 16,500 16,500 Total 41,53,000 31,45,000

The appellant / Insurance Company is directed to deposit the modified amount of Rs.31,45,000/- [Rupees Thirty One Lakhs Forty Five Thousand only] within a period of twelve weeks from the date of receipt of a copy of this order, if not already deposited. The respondents 1 to 3 are permitted to withdraw the modified compensation amount on deposit by the appellant/Insurance Company, by making appropriate application before the Claims Tribunal. The appellant is permitted to withdraw the balance amount, if any.

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

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CMA No. 2960 of 2026

To

1. The Judge, III Small Causes Court Motor Accidents Claims Tribunal Chennai.

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

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CMA No. 2960 of 2026

P.T.ASHA J. AND N.MALA J. AP CMA No. 2960 of 2026 AND CMP NO. 22717 OF 2026 07-09-2026

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CMA No. 2960 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. 2960 of 2026 CNR:{HCMA011300842026} AND CMP NO. 22717 OF 2026 The Manager Shriram General Insurance Co.Ltd., Lady Desikachari Road, CIT Colony, Mylapore, Chennai 4. ..Appellant(s) Vs

5. G.Santhanalakshmi No.30, Mosque Street, Phase 2, Bharathi Nagar, Ranipet, Wallajah 632 401, Vellore Dt.

6. K. Gowthaman No.30, Mosque Street, Phase 2, Bharathi Nagar, Ranipet, Wallajah 632 401, Vellore Dt.

7. G. Partheve (Minor) No.30, Mosque Street, Phase 2, Bharathi Nagar, Ranipet, Wallajah 632 401, Vellore Dt. Minor Rep by mother and NF 1st Respondent

8. Poongothi

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CMA No. 2960 of 2026

No.5/399E, Kollai Medu St, Poottuthakku, Vellore 532 517. ..Respondent(s) CMA No. 2960 of 2026 To against the order dated 25.03.2026 made in MCOP No.4766 of 2023 on the file of the Motor Accident Claims Tribunal, III Judge Court of Small Causes, Chennai. CMA No. 2960 of 2026 For Appellant(s): R.Sree Vidhya For Respondent(s): S.Ravikumar R. Dinesh Kumar Caveator For R1

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 allowed the above Civil Miscellaneous Appeal. However, it is seen that in paragraph No.15 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.15 of the judgment dated 07.09.2026, is as follows:-

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‘’15.The appellant / Insurance Company is directed to deposit the modified amount of Rs.31,45,000/- [Rupees Thirty One Lakhs Forty Five Thousand only] along with 7.5% interest per annum, within a period of twelve weeks from the date of receipt of a copy of this order, if not already deposited. The respondents 1 to 3 are permitted to withdraw the modified Award amount along with accrued interest, on deposit by the appellant/Insurance Company, by making appropriate application before the Claims Tribunal. The appellant is permitted to withdraw the balance amount, if any.’’

Registry is directed to incorporate the above paragraph as Paragraph No.15 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 III Judge, Motor Accidents Claims Tribunal Court of Small Causes, Chennai.

2. The Manager Shriram General Insurance Co.Ltd., Lady Desikachari Road, CIT Colony, Mylapore, Chennai 4.

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

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P.T.ASHA J. AND N.MALA J. AP CMA No. 2960 of 2026 AND CMP NO. 22717 OF 2026 22-09-2026

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