CMA/3076/2026 of THE MANAGER Vs Selvi on 7 September 2026

Judgment

(Judgment of the Court was delivered by P.T.Asha J.) The above appeal has been filed by the Insurance Company challenging the award dated 28.02.2025 passed in M.C.O.P. No.6467 of 2017 by the Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai, in and by which a sum of Rs.25,29,200/- has been awarded to the claimants.

2. The grounds on which the appeal is filed is that the deceased being a bachelor, 50% has to be deducted towards the personal expenses whereas the Tribunal has deducted 2/3rd towards personal expenses, and has awarded Rs.24,19,200/- on the head of loss of dependency.

3. The perusal of the records show that at the relevant time of accident, the deceased was aged 19 years and was doing his B.C.A II year decree course. The Tribunal while awarding the compensation, had fixed the notional income of the

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CMA No. 3076 of 2026

deceased at Rs.12,000/- per month, and by adding 40% towards future prospects it arrived at Rs.16,800/- as his monthly income and by adopting multiplier 18 and after deducting 2/3 towards his personal expenses , it had arrived at a sum of Rs.24,19,200/- (Rs.16,800 x 12 x 18 x 2/3) on the head of loss of dependency and also by including the other heads of compensation namely loss of filial consortium, funeral expenses and loss of estate, it awarded a sum of Rs.25,29,200/-.

4. The learned counsel appearing for the respondents 1 to 3 / claimants would concede to the deduction of personal expenses to 1/2 instead of 2/3rd. Therefore, the award of the Tribunal is modified as follows : Sl. No. Heads Amount Awarded by Tribunal (Rs.) Amount Awarded by this Court (Rs.)

1. Loss of Dependency 24,19,200.00 18,14,400.00 (Rs.16,800 x 12 x 18 x1/2)

2. Loss of Filial Consortium for claimants 1 and 3 80,000.00 80,000.00

3. Funeral Expenses 15,000.00 15,000.00

4. Loss of Estate 15,000.00 15,000.00 Total Compensation 25,29,200.00 19,24,400.00

5. Accordingly, the sum of Rs.25,29,200/- awarded by the Tribunal as compensation is reduced, and the appellant/Insurance Company is directed to deposit a sum of Rs.19,24,400/- as revised compensation. Interest awarded by the Tribunal at 7.5% per annum from the date of filing the petition till the date

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of deposit along with proportionate costs is confirmed.

6. In the result, the civil miscellaneous appeal is partly allowed. The Insurance Company is directed to deposit the revised award amount of Rs.19,24,400/- (Rupees Nineteen Lakhs Twenty Four Thousand and Four Hundred only) to the credit of MCOP.No.6467/2017 on the file of the Motor Accident Claims Tribunal (II Judge, Court of Small Causes), Chennai together with interest @ 7.5% per annum from the date of claim petition till the date of deposit, less any amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order. In case, the appellant/Insurance Company has already deposited excess amount than what is now ordered, the insurance company is at liberty to withdraw the excess balance amount. In case, they have deposited an amount less than the amount now awarded, they shall deposit the balance amount within the aforestated period. On such deposit, the claimants/respondents 1 to 3 are permitted to withdraw the same in the manner as apportioned by the Tribunal, by filing appropriate application. No costs. Consequently, 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 DS

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CMA No. 3076 of 2026

To:

1. The Motor Accident Claims Tribunal II Judge, Court of Small Causes Chennai.

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

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CMA No. 3076 of 2026

P.T.ASHA J. AND N.MALA J. DS CMA No. 3076 of 2026 and CMP NO. 23753 of 2026 07-09-2026

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