CMA(MD)/733/2021 of KALAISELVI Vs ABDULA on 2 November 2026

JUDGMENT

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CMA(MD) NO. 733 of 2021 The claimants in M.C.O.P. No.1508 of 2015, on the file of the Motor Accident Claims Tribunal-cum-Special Sub Judge dealing with Motor Accident Claims Cases, Tirunelveli, filed the claim petition claiming compensation of Rs.50,00,000/- with interest at the rate of 12% per annum.

2. Facts of the case:

2.1. The claimants are the dependants of the deceased, Mahesh. The deceased was carrying on timber business. On 19.07.2014, while he was travelling in the lorry bearing Registration No.TN-28-AF-2637 along with his goods, due to the rash and negligent driving of the driver of the said lorry, he fell from the cabin and sustained injuries, which ultimately resulted in his death. Hence, the claimants, being his dependants, filed the claim petition seeking compensation of Rs.50,00,000/-.

2.2. The Insurance Company resisted the claim, contending, inter alia, that the deceased was travelling as an unauthorised passenger in the goods vehicle and, therefore, the Insurance Company was not liable to indemnify the claim.

2.3. Before the Tribunal, on the side of the claimants, P.W.1 and P.W.2 were examined and Exs.P1 to P6 were marked. On the side of the respondent/Insurance Company, R.W.1 was examined and the insurance policy was marked as Ex.R1.

3. Findings of the Tribunal:

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CMA(MD) NO. 733 of 2021

3.1. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the lorry and awarded a sum of Rs.17,50,120/- as compensation, together with interest at the rate of 7.5% per annum. S.No. Heads Amount

Loss of dependency 16,80,120/-

Loss of Consortium towards 1st Petitioner 40,000/-

Loss of Estate 15,000/-

Funeral Expenses 15,000/- Total Awarded Amount Rs.17,50,120/-

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CMA(MD) NO. 733 of 2021

3.2. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimants have preferred the present Civil Miscellaneous Appeal seeking enhancement.

4. Submission of the learned counsel appearing for the appellants/claimants:

4.1. The learned counsel appearing for the claimants submitted that sufficient documentary and oral evidence had been adduced to establish that the deceased was carrying on timber business. It was further submitted that, on the date of the accident, the deceased was travelling in the lorry along with the timber belonging to him in his capacity as the owner of the goods. According to the learned counsel, the said fact was established by the evidence and Ex.P5. However, the Tribunal, without properly appreciating the said evidence, had notionally fixed the monthly income of the deceased at only Rs.10,000/-. Therefore, enhancement of the compensation was sought.

5. Submission of the learned counsel appearing for the second respondent/Insurance Company:

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CMA(MD) NO. 733 of 2021

5.1. Per contra, the learned counsel appearing for the Insurance Company vehemently opposed the claim for enhancement. It was submitted that the Tribunal had considered the entire evidence and, in the absence of satisfactory documentary proof establishing the actual income of the deceased, had reasonably fixed his monthly income at Rs.10,000/-. It was further contended that even before this Court, no additional evidence had been produced to establish that the deceased was earning more than Rs.10,000/- per month. Hence, the learned counsel sought dismissal of the appeal.

6. This Court considered the rival submissions made on either side and perused the materials available on record.

7. The principal question that arises for consideration is,

(i) Whether the claimants are entitled to enhancement of the compensation awarded by the Tribunal?

8. Discussion and Findings:

8.1. The Tribunal, while recording the evidence of P.W.1, has not properly appreciated the documentary evidence, particularly Ex.P5, relating to the avocation and income of the deceased. The accident occurred in the year 2014. Having regard to the period of the accident and the evidence available on record, the fixation of the monthly income at Rs.10,000/- appears to be on the lower side.

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CMA(MD) NO. 733 of 2021

8.2. The evidence on record sufficiently establishes that the deceased was engaged in the timber business and was carrying timber in the lorry at the time of the accident. P.W.1 has also deposed that the deceased was carrying on the said business along with his brother in partnership. Ex.P5 also lends support to the said contention.

8.3. In the above circumstances, and having regard to the nature of the avocation of the deceased, the year of the accident, the evidence available on record and various precedents of the Hon'ble Supreme Court and this Court reported in (2014) 2 SCC 735, judgment in the case of Syed Sadiq Etc. v. Divisional Manager, United India Insurance Co. Ltd. and the judgment in the case of Andal & Others v. Avinav Kannan & Another reported in 2019 (1) TNMAC 54 (DB), this Court is inclined to fix the monthly income of the deceased at Rs.15,000/-. The deceased was aged about 40 years at the time of the accident. Therefore, 40% of the established income is required to be added towards future prospects. Accordingly, the monthly income, inclusive of future prospects, works out to Rs.21,000/-.

8.4. After deducting one-third towards the personal and living expenses of the deceased, the contribution to the family works out to Rs.14,000/- per month. Applying the appropriate multiplier of 15, the loss of dependency is accordingly recalculated as follows:

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CMA(MD) NO. 733 of 2021 Rs.21,000/- X 12 X 2/3 X 15 = Rs.25,20,000/- 8.5.As regards the conventional heads, the Tribunal had awarded Rs.40,000/- towards loss of consortium to the first claimant alone. Since the second claimant is also a minor dependant, an amount of Rs.40,000/- is awarded to the second claimant towards loss of love and affection. The amount of Rs.40,000/- already awarded to the first claimant under the said head is confirmed. The amount awarded towards funeral expenses is enhanced from Rs.15,000/- to Rs.20,000/-. A sum of Rs.10,000/- is awarded towards transportation expenses. Accordingly, the compensation awarded by the Tribunal is liable to be suitably enhanced.

9. Conclusion:

9.1. For the foregoing reasons, the compensation awarded by the Tribunal to the claimants is re-determined as follows:- Sl. No. Heads Amount awarded by the Tribunal (in Rs.) Re-quantified amount by this Court (in Rs.) Status

Loss

of dependency 16,80,120/- 25,20,000/- Enhanced

Loss of love and affection -------- 40,000/- Awarded

Loss of Consortium 40,000/- 40,000/- Confirmed

Funeral 15,000/- 20,000/- Enhanced

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CMA(MD) NO. 733 of 2021 expenses

Loss of estate 15,000/- 15,000/- Confirmed

Transportatio n expenses -------- 10,000/- Awarded Total Compensation Award Amount Rs.17,50,120/ - Rs.26,45,000/ - Enhanced

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CMA(MD) NO. 733 of 2021

10. Result:

10.1. In the result, the Civil Miscellaneous Appeal is partly allowed.

10.2. The compensation awarded in MCOP No.1508 of 2015 on the file of the Motor Accident Claims Tribunal, (Special Sub Court Dealing with MCOP Cases) Tirunelveli, dated 17.10.2019 is enhanced from Rs.17,50,120/- to Rs.26,45,000/- together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realisation, excluding the period of delay, if any, in filing the appeal.

10.3. The Insurance Company is directed to deposit the enhanced compensation, after adjusting the amount already deposited, together with accrued interest and costs, within a period of eight weeks from the date of receipt of a copy of this judgment.

10.4. On such deposit, the claimants shall be entitled to withdraw the amount in the manner directed by the Tribunal. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is also closed.

02.11.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No

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CMA(MD) NO. 733 of 2021 AKM To

1. The Motor Accident Claims Tribunal, (Special Sub Court Dealing with MCOP Cases), Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J. AKM C.M.A.(MD).No.733 of 2021

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