CMA(MD)/812/2021 of RAJA Vs M.SENTHILKUMAR on 2 November 2026

JUDGMENT

The claimants in M.C.O.P. No.802 of 2017, on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Dindigul, have filed the present C.M.A.(MD).No.812 of 2021 seeking enhancement of the compensation awarded by the Tribunal in M.C.O.P. No.802 of 2017.

2. Facts of the case:

2.1. The claimants are the parents of the deceased, Minor Arivalagan. On 10.08.2017 at about 9.00 a.m., the deceased, Arivalagan, was travelling as a pillion rider on a bicycle ridden by his friend along the Natham-Kottampatti Road. At that time, the offending lorry bearing Registration No.TN-20-BT-2259, which was proceeding from behind, was driven by its driver in a rash and negligent manner and rammed into the bicycle. Due to the impact, the deceased sustained fatal injuries and subsequently succumbed to the same. The claimants therefore filed the claim petition in M.C.O.P. No.802 of 2017 seeking compensation of Rs.15,00,000/-.

2.2. The Insurance Company filed its counter disputing the manner of the accident, the negligence attributed to the driver of the offending vehicle, its liability and the quantum of compensation claimed.

2.3. Before the Tribunal, on the side of the claimants P.Ws.1 to 3 were examined. Exs.P1 to P11 were marked. On the side of the Insurance Company, no oral evidence was adduced and no documents were marked.

3. Findings of the Tribunal:

3.1. Upon consideration of the entire evidence on record, the Tribunal fixed the negligence on the driver of the lorry and awarded a sum of Rs.5,05,000/- as compensation. S.No. Heads Amount

Loss of dependancy 4,50,000/-

Loss of Love and Affection 40,000/-

Funeral Expenses 15,000/- Total Awarded Amount Rs.5,05,000/- 3.2Aggrieved by the quantum of compensation, the claimants have preferred the present 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 the deceased was a minor at the time of the accident. Placing reliance upon the recent judgment of the Hon'ble Supreme Court in Devendra Kumar Tripathi v. The Oriental Insurance Company Limited, reported in 2025 SCC OnLine SC 2800, it was contended that, in the case of the death of a minor, the income has to be determined on the basis of the minimum wages applicable to the relevant period, with an addition of 40% towards future prospects, a multiplier of 15 and

deduction

of

50%

towards

personal

expenses.

4.2. It was therefore submitted that the compensation under the head of loss of dependency requires substantial enhancement. It was also submitted that the Tribunal had not awarded any amount towards loss of love and affection to the parents and that adequate amounts under the conventional heads were also not granted.

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

5.1. Per contra, the learned counsel appearing for the Insurance Company submitted that the judgment relied upon by the learned counsel for the claimants has no application to the present case and that the principles laid down therein cannot be applied to pending matters retrospectively. Hence, the learned counsel sought dismissal of the appeal.

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

7. Discussion and Findings:

7.1. The learned counsel appearing for the claimants has placed reliance upon the judgment of the Hon'ble Supreme Court in Devendra Kumar Tripathi v. The Oriental Insurance Company Limited, reported in 2025 SCC OnLine SC 2800. In the said decision, while considering the compensation payable in a case involving the death of a minor child, the Hon'ble Supreme Court adopted the

minimum wages applicable under the Minimum Wages Act, added 40% towards future prospects, applied a multiplier of 15 and deducted 50% towards personal expenses.

7.2. The said decision is applicable to the present proceedings. The present appeal is an enhancement appeal arising out of the original Motor accident claim proceedings and remain pending before this Court. An appeal is a continuation of the original proceedings. Therefore, this Court is inclined to apply the principle laid down by the Hon'ble Supreme Court to the present case.

7.3. The determination of compensation in the case of a deceased minor cannot be confined merely to the conventional notional income under the Second Schedule when subsequent binding decisions have provided a more appropriate basis for assessing the loss of dependency. The Supreme Court has recognised minimum wages as a reasonable basis for determining the notional income of a deceased minor.

7.4. Accordingly, the monthly income of the deceased is fixed at Rs.6,500/-. Adding 40% towards future prospects, the monthly income works out to: Rs.6,500 + 40% = Rs.9,100/-.

7.5. Since the deceased was a minor, 50% is deducted towards personal expenses. Thus, the monthly contribution to the family works out to Rs.4,550/-. Applying the multiplier of 15, the loss of dependency is calculated as follows:

Rs.4,550 × 12 × 15 = Rs.8,19,000/-. Accordingly, the compensation under the head of loss of dependency is fixed at Rs.8,19,000/-. The Tribunal had not awarded any amount towards loss of love and affection to the parents. Having regard to the relationship of the deceased with the claimants, an amount of Rs.40,000/- each is awarded to the first and second claimants towards filial consortium/loss of love and affection, totalling Rs.80,000/-.

7.6. The amount awarded towards funeral expenses at Rs.15,000/- is enhanced to Rs.20,000/-. Since no amount has been awarded towards loss of estate, a sum of Rs.10,000/- is awarded under the said head. A sum of Rs.10,000/- is awarded towards transportation expenses.

8. Conclusion:

8.1. For the foregoing reasons, the compensation awarded by the Tribunal to the claimant 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 4,50,000/- 8,19,000/- Enhanced

Filial consortium/lo ss of love and 40,000/- 80,000/- Enhanced affection

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

Loss of estate ------- 10,000/- Awarded

Transportatio n expenses ------- 10,000/- Awarded Total Awarded Amount Rs.5,05,000/- Rs.9,39,000/- Enhanced

9. Result:

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

9.2. Accordingly, the compensation award dated 02.07.2019 in M.A.C.O.P. No.802 of 2017 by the Motor Accident Claim Tribunal cum Additional District Judge, Dindigul is hereby enhanced from Rs.5,05,000/- to Rs.9,39,000/- with interest at the rate of 7.5% per annum from the date of the claim petition.

9.3. The Insurance Company is directed to deposit the entire enhanced award amount, together with interest at the rate of 7.5% per annum and costs, after giving credit to the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this judgment.

9.4. On such deposit, the claimants are entitled to withdraw the compensation amount in accordance with the apportionment fixed by the Tribunal. No costs.

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

1. The Motor Accident Claims Tribunal,

Tribunal Judge (Additional District Judge), Dindigul.

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

K.K.RAMAKRISHNAN,J.

AKM C.M.A.(MD).No.812 of 2021 Dated:02.11.2026