CMA(MD)/942/2018 of T.ARUMUGATHAI Vs P.K.JAALEEL on 2 November 2026

J U D G M E N T

In M.C.O.P.No.231 of 2013, on the file of the Motor Accident Claims Tribunal-cum-Principal District Judge, Virudhunagar District at Srivilliputtur, has given rise to the present C.M.A.(MD).No.942 of 2018, filed by the claimants seeking enhancement of the compensation awarded by the Tribunal by order dated 25.01.2017.

2. Facts of the case:

2.1. On 25.01.2013 at about 10.30 p.m., the deceased, namely, Thalaimuthu, was travelling in a van bearing Registration No.TN-45-AA-6738 from Dhalavaipuram to Rani in the State of Kerala, along with others. In the early hours of 26.01.2013, at about 1.30 a.m., when the said van was proceeding on the extreme left side of the Sengottai–Puliyurai Road near Karkudi Vilakku, the offending vehicle, namely, a lorry bearing Registration No.TN-72-AE-3933, came in the opposite direction in a rash and negligent manner and dashed against the van. Due to the impact, the deceased sustained grievous injuries and subsequently died. Therefore, the dependants of the deceased filed MCOP No.231 of 2013, claiming compensation of Rs.20,00,000/-.

2.2. The Insurance Company filed a counter denying the manner of the accident and the negligence alleged in the claim petition.

2.3. To establish their case, on the side of the claimants P.W.1 to P.W.4 were examined and Exs.P1 to P21 were marked. On the side of the Insurance Company, neither any witness was examined nor any document was marked.

3. Finding of the Tribunal:

3.1. The learned Tribunal Judge, after considering the entire evidence available on record, fixed the negligence on the driver of the offending vehicle and awarded a sum of Rs.8,40,000/- under the following heads with interest at 7.5% per annum from the date of filing of the claim petition till the date of realisation, by the impugned award dated 25.01.2017: Sl.No. Heads Amounts in Rs.

Loss of Income 6,60,000/-

Loss of Love and affection to the claimant Nos.1 to 5 (5 X 25,000/-) 1,25,000/-

Loss of consortium 20,000/-

Transportation 15,000/-

Funeral expenses 20,000/- Total 8,40,000/-

3.2. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants have preferred the present appeal seeking enhancement of compensation.

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

4.1. The learned counsel appearing for the claimants would submit that the deceased was carrying on a textile business. He had completed his MBA and was earning a monthly income of more than Rs.20,000/-. However, the Tribunal, without properly considering the evidence available on record, fixed the monthly income at only Rs.7,500/-. Hence, the learned counsel seeks enhancement of compensation by relying upon Exs.P12, P14, P16 to P21 and the oral evidence of P.W.1 and P.W.2.

4.2. It is further submitted that, from a combined reading of the oral and documentary evidence, it is clear that the deceased was carrying on textile business and was earning more than Rs.20,000/- per month. Therefore, the monthly income fixed by the Tribunal at Rs.7,500/- is grossly inadequate.

5. Submissions of the learned counsel appearing for the second respondent/Insurance company:

5.1. Per contra, the learned counsel appearing for the Insurance Company would submit that the Tribunal had properly appreciated all the documents produced by the claimants and, after considering the entire evidence, rightly fixed the monthly income at Rs.7,500/-. It is further submitted that the deceased was aged about 55 years as per the post-mortem certificate, whereas the birth certificate would show his age as 53 years. Therefore, there is no justification for interfering with the multiplier or the quantum of compensation awarded by the Tribunal. Hence, the learned counsel sought confirmation of the award.

6. This Court has considered the rival submissions and perused the records.

7. Discussion and findings:

7.1. From the oral and documentary evidence produced on the side of the claimants, it is clear that the deceased had completed his MBA and thereafter was carrying on a textile business. He had obtained the provisional certificate under Ex.P14 and had also produced the relevant documents under Exs.P16, P17, P18, P19, P20 and P21 to establish the conduct of the textile business. He had also registered the business with the relevant association, as evidenced by the documents produced before the Tribunal.

7.2. Apart from the evidence of P.W.1, an independent witness was also examined to establish that the deceased was carrying on the said business. On a

careful consideration of the oral and documentary evidence, this Court finds that the deceased was earning more than Rs.7,500/- per month.

7.3. This Court has also taken into consideration the bank passbook produced under Ex.P15, which would indicate the financial transactions relating to the business. Considering the nature of the business, the documentary evidence and the oral evidence available on record, this Court is of the view that it would be reasonable to fix the monthly income of the deceased at Rs.20,000/-.

7.4. The deceased was aged about 55 years at the time of the accident. Therefore, 10% is added towards future prospects in terms of the principles laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi.

7.5. Accordingly, after adding 10% towards future prospects, the monthly income of the deceased would be Rs.22,000/-. After deducting one-third towards his personal and living expenses, the contribution to the family would be Rs.14,667/-per month. Applying the appropriate multiplier of 11, the loss of dependency works out to Rs.19,36,044/- Calculation : 14,667 X 12 X 11 = Rs.19,36,044/- 7.6.The learned counsel appearing for the claimants would further submit that the amount awarded under the conventional heads is also inadequate. This Court

finds that the Tribunal had awarded only Rs.25,000/- towards loss of love and affection. Considering the number of claimant Nos.2 to 5, a sum of Rs.40,000/- each is awarded towards loss of love and affection. Further, a sum of Rs.40,000/- is awarded towards consortium to the wife of the deceased. In view of the above discussion, the compensation awarded by the Tribunal is entitled to be enhanced.

8. Conclusion: For the foregoing reasons, the compensation awarded by the Tribunal to the claimants re-determined as follows:- Sl. No Heads Amount awarded by the Tribunal Re-quantified amount by this Court Status

Loss of Income 6,60,000/- 19,36,044/- Enhanced

Loss of Love and affection to the claimants Nos.2 to 5 1,25,000/- 1,60,000/- Enhanced

Loss of consortium (wife) 20,000/- 40,000/- Enhanced

Transportation 15,000/- 15,000/- Confirmed

Funeral expenses 20,000/- 20,000/- Confirmed Total 8,40,000/- 21,71,044/- Enhanced

9. Result:

9.1. In the Result, this Civil Miscellaneous Appeal is partly allowed.

9.2. The compensation is enhanced from Rs.8,40,000/- to Rs.21,71,044/- with interest at 7.5% per annum from the date of filing of the claim petition till the date of realisation.

9.3. The Insurance Company is directed to deposit the enhanced compensation amount, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order.

9.4. Upon such deposit, the claimants are entitled to withdraw their respective apportioned shares as fixed by the Tribunal, subject to payment of necessary court fee, if any. There shall be no order as to costs. 02.11.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

To

1. The Motor Accident Claims Tribunal. The Principal District & Sessions Judge, Virudhunagar District, Srivilliputhur.

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

K.K.RAMAKRISHNAN,J. sbn C.M.A.(MD).No.942 of 2018 Dated:02 .11.2026