CMA/192/2021 of THE MANAGER Vs C.GOWRI on 2 September 2026

JUDGMENT

[Judgment of the Court was delivered by N.MALA, J.]

(1) Disgruntled by the quantum of compensation awarded by the Claims Tribunal, by the judgment and decree dated 11.01.2019, in MCOP.No.39/2014, the Insurance Company, the 2nd respondent in the Claim Petition, has filed the above appeal.

(2) For the sake of convenience, the parties will be referred to as per their rank in the appeal.

(3) The facts are undisputed. On 04.05.2011, at about 00.30 hours, one Sakthivel, the driver of the Tata Indica Car bearing Registration No.TN-36- M-6868, while driving the car on Sathyamangalam to Athani Main Road, along with the occupants, namely, the deceased K.S.Chinnasamy and two others, lost control of the car and hit a road side palm tree. As a result, the driver died on the spot and the deceased K.S.Chinnasamy, who sustained grievous injuries, succumbed to the same on the way to the hospital. The legal heirs of the deceased Chinnasamy, namely, his wife and two children filed the claim petition claiming a sum of Rs.1 Crore as compensation along with 12% interest per annum.

(4) Before the Claims Tribunal, the 1st respondent, owner of the car remained ex-parte. The claim petition was contested by the appellant herein, the insurer of the car. The appellant denied all the averments made in the petition. The appellant contended that the accident occurred only due to the rash and negligent driving of the car by the said Sakthivel. The appellant further contended that by overloading the car with more number of passengers than permitted, the policy conditions stood violated. The appellant contended that the driver of the car did not possess a valid Driving

License at the time of the accident and that the compensation claimed under various heads was exorbitant. Hence, the appellant prayed for dismissal of the claim petition.

(5) Before the Claims Tribunal, the 1st claimant examined herself as PW1 and marked 18 documents as Exs.P1 to P18. On the side of the respondents no oral or documentary evidence was adduced.

(6) The Claims Tribunal, on an appreciation of the entire evidence on record, allowed the Claim Petition by awarding Rs.34,74,000/- as compensation.

(7) The Insurance Company, has filed the above appeal challenging the quantum of compensation awarded by the Claims Tribunal.

(8) We have heard the learned counsels on both sides and perused the materials placed before us.

(9) Since the findings of the Claims Tribunal on negligence and liability are not disputed, the only issue that arises for consideration in the appeal is whether the quantum of compensation awarded by the Claims Tribunal is excessive?

(10) The learned counsel for the appellant contended that Claims Tribunal erred in adding 15% of the deceased income towards future prospects. The learned counsel submitted that the award is unsustainable since there was duplication of compensation under the heads 'loss of love and affection' and 'loss of consortium'. The learned counsel therefore prayed that the Award be modified and the appeal be allowed.

(11) We find force in the submissions of the learned counsel for the appellant. The deceased K.S.Chinnasamy was aged 55 years at the time of the accident and therefore, as per the judgment of the Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and Others [AIR 2017 SC 5157 : 2017 [16] SCC 680], the Claims Tribunal ought to have added 10% of the income towards future prospects and not 15%, since the deceased was self-employed.

(12) Accordingly, the loss of dependency is calculated as follows:- Notional income fixed by the Tribunal - Rs.30,000/- [Less[ 1/3rd of income towards personal expenses - Rs.10,000/-

-------------------

Rs.20,000/- [Add] 10% towards future prospects - Rs. 2,000/- ------------------- Rs.22,000/- ------------------- Applying multiplier '11', the total loss of dependency is Rs.22,000x12x11= Rs.29,04,000/-

(13) The Claims Tribunal, in our view erred in awarding a sum of Rs.1 lakh each towards loss of love and affection and loss of consortium. As rightly pointed out by the learned counsel for the appellant, there is a duplication of Award. Under the facts and circumstances of the case, we are of the view that awarding a sum of Rs.40,000/- each towards loss of love and affection / consortium, would be appropriate. Hence, the Award of the Claims Tribunal, needs to be interfered with.

(14) Accordingly, the Award of the Claims Tribunal is modified as follows:- Sl.No. Conventional Heads Amount Awarded by the Claims Tribunal in Rs. Amount Awarded by this Court in Rs.

Loss of Dependency 32,34,000/- 29,04,000/-

Funeral Expenses 25,000/- 25,000/-

Loss of love and affection 1,00,000/- 1,20,000/-

Loss of Consortium 1,00,000/- -

Loss of Estate 5,000/- 5,000/- Total 34,74,000/- 30,54,000/-

(15) The appellant/Insurance Company shall deposit the modified Award amount of Rs.30,54,000/- [Rupees Thirty Lakhs Fifty Four Thousand only], within a period of twelve weeks from the date of receipt of a copy of the web order, if not already deposited, . The claimants shall withdraw the Award amount, on such deposit, by filing appropriate application.

(16) In the result, the Civil Miscellaneous Petition is allowed and the judgment and decree of the Claims Tribunal dated 11.01.2019, made in MCOP.No.39/2014, is set aside. No costs. Consequently, the connected miscellaneous petition is closed. [PTAJ] [NMJ] 02.09.2026 AP Internet : Yes Speaking Order / Non Speaking Order Index : Yes/No To

1. The Subordinate Judge Motor Accidents Claims Tribunal, Sathyamangalam.

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

P.T.ASHA, J. AND N.MALA. J. AP CMA.No.192/2021 02.09.2026

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. 192 of 2021 CNR:{HCMA011352252019} AND CMP NO. 1369 OF 2021 The Manager Reliance General Ins.Co.Ltd, 570 Naigaum Cross Road, Wadala (w), Mumbai-400031, 408, 3rd Floor, Perundurai Road, Erode-638011 ..Appellant(s) Vs

1. C.Gowri W/o Late K.S.Chinnasamy, 236 Konnamadai Main Road, Nambiyur Village, Gobichettipalayam Tk, Erode District, Nw At Velankattu Thottam, Ramapuram, Uthandiyur Po, Poosaripalayam Village, Sathyamangalam Tk, Erode Dist.

2. G.C.Vishnu Prabhu S/o Late K.S.Chinnasamy, Res At 236 Konnamadai Main Road, Nambiyur Village, Gobichettipalayam Tk, Erode District, Nw At Velankattu Thottam, Ramapuram, Uthandiyur Po, Poosaripalayam Village, Sathyamangalam Tk, Erode Dist.

3. G.C.Anu Prabha D/o Late K.S.Chinnasamy, Res At 236

Konnamadai Main Road, Nambiyur Village, Gobichettipalayam Tk, Erode District, Nw At Velankattu Thottam, Ramapuram, Uthandiyur Po, Poosaripalayam Village, Sathyamangalam Tk, Erode Dist.

4. Managing Partner M/s.M.M.S.Roadlines 44, Bajanai Koil Street, Gobichettipalayam, Gobichettipalayam Tk, Erode Dist. ..Respondent(s) CMA No. 192 of 2021 To set aside the decree and Jugdment dated 11.01.2019 passed in MCOP.No.39 of 2014, by the Honble Motor Accident Claims Tribunal, Sub Court at Sathyamangalam. CMA No. 192 of 2021 For Appellant(s): Bhuvanasundari C. For Respondent(s): M/s J.Titus Enock M. Karthik V.Janaranjani For Rr1 To 3 R-4 Managing Partner M/s.M.M.S.Roadlines =============== Pvt Notice R4-aos Not 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 02.09.2026, 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 02.09.2026, is as follows:- ‘’15.The appellant/Insurance Company shall deposit the modified Award amount of Rs.30,54,000/- [Rupees Thirty Lakhs Fifty Four Thousand only], along with 7.5% interest per annum, from the date of petition till the date of deposit, within a period of twelve weeks from the date of receipt of a copy of the web order, if not already deposited. The claimants, on such deposit, shall be entitled to withdraw the modified Award amount along with accrued interest, by filing appropriate application.’’

Registry is directed to incorporate the above paragraph as Paragraph No.15 in the judgment dated 02.09.2026, and issue fresh order copy to the parties concerned. (P.T.A.,J.) (N.M.,J.) 22-09-2026 AP Internet: Yes To

1. The Subordinate Judge, Motor Accidents Claims Tribunal Sathyamangalam.

2. The Manager Reliance General Ins.Co.Ltd, 570 Naigaum Cross Road, Wadala (w), Mumbai-400031, 408, 3rd Floor, Perundurai Road, Erode-638011

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

P.T.ASHA J. AND N.MALA J. AP CMA No. 192 of 2021 AND CMP NO. 1369 OF 2021 22-09-2026