CMA(MD)/913/2022 of Mariammal Vs Madasamy on 2 November 2026

JUDGMENT

The claimants in M.C.O.P.No.1167 of 2012, on the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Tirunelveli, have filed the present Civil Miscellaneous Appeal, challenging the award dated 17.04.2015 passed in the said claim petition and seeking enhancement of compensation.

2. Facts of the case:

2.1. The claimants are the legal heirs of the deceased Sudalai. According to the claim petition, on 18.09.2012 at about 2.30 p.m., the deceased was travelling in a Tata Ace vehicle bearing Registration No.TN-72-AL-1735 as a loadman along with another person. The vehicle was carrying lime powder bags and other materials. When the vehicle was proceeding on the Virudhunagar Bypass Road and reached a place where a police barricade was in place across the road in a zig-zag manner, the driver, because of rash and negligent driving and excessive speed, lost control of the vehicle. Consequently, the vehicle toppled in the middle of the road. In the said accident, the deceased sustained fatal injuries and died. Another person travelling in the vehicle also sustained injuries.

2.2. In connection with the accident, a case was registered in Crime No.347 of 2012 against the driver of the Tata Ace vehicle. The claimants thereafter filed the claim petition claiming compensation of Rs.15,00,000/- with interest. Other injured persons also filed separate claim petitions before the Tribunal.

2.3. The Insurance Company filed its counter denying the manner of the accident and the negligence attributed to the driver of the insured vehicle. The Insurance Company also disputed the nature of the occupation and income of the deceased and raised objections regarding contributory negligence and the status of the deceased as a passenger/loadman.

2.4. Before the Tribunal, on the side of the claimants P.W.1 to P.W.5 were examined and Exs.P1 to P31 were marked. On the side of the respondents, R.W.1 was examined and Exs.R1 and R2 were marked.

3. Findings of the Tribunal:

3.1. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident occurred due to the negligence of the driver of the insured Tata Ace vehicle and awarded a sum of Rs.6,27,000/- on the following heads with interest at the rate of 8% per annum from the date of filing of the claim petition: Sl.No. Heads Amount in Rs

Loss of Dependency 5,26,500/-

Loss of Consortium 25,000/-

Loss of Love and affection 50,000/-

Transportation and Funeral Expenses 25,000/- Total Rounded off 6,26,500/- 6,27,000/-

3.2. Aggrieved by the quantum of compensation, the claimants have preferred the present appeal seeking enhancement.

3.3. Since the present appeal is confined to enhancement of compensation, there is no necessity to enter into an elaborate discussion on the aspect of negligence and liability. The finding of the Tribunal with regard to negligence and liability is not seriously in issue in the present appeal.

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

4.1. The learned counsel appearing for the appellants submitted that the Tribunal had fixed the monthly income of the deceased at only Rs.4,500/-, despite the evidence indicating that the deceased was working as a loadman and was also doing

masonry work. According to the learned counsel, considering the nature of the occupation and the year of the accident, the monthly income fixed by the Tribunal is on the lower side.

4.2. P.W.1 has clearly deposed regarding the occupation of the deceased. The evidence discloses that the deceased was earning his livelihood by working as a loadman and was also undertaking masonry work. Though a higher income was claimed by the claimants, no documentary evidence has been produced to establish the exact income. Therefore, the income has to be determined on a reasonable basis having regard to the nature of the work, the year of the accident and the prevailing wages.

4.3. The accident occurred on 18.09.2012. Having regard to the nature of the avocation of the deceased and the prevailing circumstances, the monthly income fixed by the Tribunal at Rs.4,500/- is found to be on the lower side. The Hon'ble Supreme Court, in the decision in the case of Syed Sadiq etc. v. Divisional Manager, United India Insurance Co. Ltd reported in 2014 (1) TNMAC 459 relied upon by the learned counsel for the appellants, has taken a monthly income of Rs.6,500/- for a mason in respect of an accident of the year 2004. In the present case, having regard to the year of the accident and the evidence regarding the occupation of the deceased, this Court is inclined to fix the monthly income of the deceased at Rs.6,000/-.

4.4. Accordingly, the loss of dependency is recalculated. Since the deceased

was engaged in manual work and aged about 50 years, 15% is added towards future prospects. After applying the appropriate multiplier of 13 and deducting 1/4th towards the personal expenses of the deceased, the loss of dependency is calculated as follows: Rs.6000 X 15 /100 = 6900 X ¾ X 12 X 13 = 8,07,300/- 4.5.The compensation awarded under the conventional heads also requires consideration. Having regard to the number of claimants and the relationship of the claimants with the deceased, the amount awarded under the relevant conventional head is also liable to be suitably enhanced. This Court is inclined to award Rs.40,000/- to each claimants (Claimant Nos.2 to 4) under the head of love and affection and wife/ 1st claimant is entitled to get Rs.40,000/- and hence, the same is hereby enhanced from Rs.25,000/- to Rs.40,000/-.

5. Conclusion:

5.1. Thus, the compensation awarded by the Tribunal requires modification by taking the monthly income of the deceased at Rs.6,000/- and by granting the permissible enhancement under the conventional heads: Sl.No. Heads Award of the Tribunal Award of this Court Status

Loss of Dependency 5,26,500/- 8,07,300/- Enhanced

Loss of Consortium 25,000/- 40,000/- Confirmed

Loss of Love and affection 50,000/- 1,60,000/- (4 X 40000) Enhanced

Transportation

and Funeral Expenses 25,000/- 25,000/- Confirmed Total 6,26,500/- rounded off 6,27,000/- 10,32,300/- Enhanced

6. Result:

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

6.2. The compensation awarded by the Tribunal at Rs.6,27,000/- is hereby enhanced to Rs.10,32,300/- in M.C.O.P.No.1167 of 2012, on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Tirunelveli, dated 17.04.2015. The enhanced compensation shall carry interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of deposit.

6.3. The Insurance Company is directed to deposit the enhanced compensation of Rs.10,32,300/-, after adjusting the amount already deposited, together with accrued interest, within a period of six weeks from the date of receipt of

a copy of this judgment. On such deposit, the claimants are permitted to withdraw the enhanced compensation in accordance with the apportionment fixed by the Tribunal, subject to payment of requisite court fee, if any. There shall be no order as to costs. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sbn To

1. The Motor Accident Claims Tribunal, II Additional District Judge, Tirunelveli

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

K.K.RAMAKRISHNAN,J. sbn CMA(MD) No. 913 of 2022 02-11-2026