CMA(MD)/853/2024 of Vijayalakshmi Vs Senthilrajan on 2 November 2026

JUDGEMENT

The claimants in M.C.O.P. No.702 of 2022 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Tirunelveli, have filed the present C.M.A.(MD).No.853 of 2024 seeking enhancement of the compensation awarded by the Tribunal in MCOP No.702 of 2022, dated 31.01.2023.

2. Facts of the case:

2.1. The claimants are the legal representatives and dependants of the deceased Manthiram. According to the claim petition, on 23.01.2022, while the deceased was riding his two-wheeler bearing Registration No.TN-72-AQ-2057 from Palayamkottai towards Pottal Road, the offending car bearing Registration No.KA-05-MM-2080, insured with the second respondent/Insurance Company, was switched on only park lamp without the headlight. Due to poor visibility, the two-wheeler rammed into the said car. In the accident, the deceased sustained grievous injuries and subsequently died. An FIR was registered against the driver of the car in Crime No.22 of 2022.

2.2. The claimants filed the claim petition seeking compensation of Rs.3,00,00,000/-. It was stated that the deceased was owning a flower-shop and flower-decoration business and was earning more than Rs.1,00,000/- per month.

2.3. The Insurance Company disputed the manner of the accident and contended that the accident had occurred due to the negligence of the deceased, who had rammed into the car parked on the road. The quantum of compensation was also disputed.

2.4. Before the Tribunal, on the side of the claimants P.W.1 to P.W.3 were examined and were marked Ex.P1 to Ex.P27. On the side of the Insurance Company, R.W.1 was examined.

3. Findings of the Tribunal:

3.1. After considering the evidence, the Tribunal fixed negligence on the driver of the car and awarded compensation of Rs.18,81,453/-(Rounded off as Rs.18,81,460/-) Sl.No Heads Amount in Rs.

Loss of Income 16,79,400/-

Loss of Consortium of 1st petitioner 40,000/-

Funeral Expenses 16,500/-

Transport Expenses 10,000/-

Loss of Love and Affection to the petitioners 2 to 4 each 10,000/- 30,000/-

Medical Expenses 1,05,553/- Total Compensation Awarded Rs.18,81,453/-

3.2. Aggrieved by the quantum of compensation, the claimants have filed 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

Tribunal had erroneously fixed the monthly income of the deceased at only Rs.10,000/-, notwithstanding the evidence and documentary materials establishing that the deceased was owning a flower-shop and doing decoration business and was earning substantially income. It was submitted that Ex.P1 to Ex.P27 disclose the business transactions of the deceased, including the lease of the premises in which the flower shop existed where chit transactions and other financial transactions also were conducted. Hence, the learned counsel sought enhancement of the monthly income to Rs.50,000/-.

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 there was no reliable documentary evidence establishing a monthly income of Rs.50,000/-. The Tribunal, after considering the materials available on record and the year of accident, had reasonably fixed the monthly income at Rs.10,000/-. Hence, there was no justification for interference.

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

7. Discussion and Findings:

7.1. P.W.1 has specifically deposed that the deceased was doing flower business and flower-decoration work and was maintaining a flower shop. The documentary evidence also assumes significance in assessing the nature of the deceased's avocation and his financial transactions.

7.2. Ex.P27 is the lease document relating to the premises in which the flower shop existed. The other documents, including Exs.P1, P11, P13 and P20, disclose periodic financial transactions and payments towards chit subscriptions. Ex.P14 relates to the deceased's membership in a chit fund, while Ex.P15 relates to business transactions with Abhinaya Malaragam.

7.3. Though these documents do not, by themselves, establish a fixed monthly income of Rs.15,000/-, they are relevant circumstances demonstrating that the deceased was carrying on a business and had regular financial transactions. The Tribunal, however, fixed the monthly income at only Rs.10,000/-, which, considering the nature of the deceased's business and the year of accident, appears to be on the lower side. Having regard to the cumulative effect of the oral and documentary evidence, this Court is inclined to fix the monthly income of the deceased at Rs.15,000/-.

7.4. The deceased was a self-employed person and aged 39 years. Therefore, 40% is added towards future prospects. The monthly income, including future prospects, is accordingly calculated as follows: Rs.15,000/- + 40% = Rs.21,000/- per month. As there were four dependants, 1/4th is deducted towards the personal and living expenses of the deceased. Applying the multiplier of 16, the loss of dependency is calculated as follows: Rs.21,000 × 3/4 × 12 × 16 = Rs.30,24,000/-.

7.5. Accordingly, the loss of dependency is fixed at Rs.30,24,000/-. The Tribunal had awarded a lesser amount towards consortium/loss of love and affection. Considering the number of dependants and the applicable conventional heads, a sum of Rs.1,20,000/- is awarded under the said head. A sum of Rs.40,000/- is awarded towards funeral expenses. The other heads awarded by the Tribunal, which are not specifically challenged, are retained.

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 Award in Re-quantified Status

Rs.Amount awarded by the Tribunal amount by this Court

Loss

of Income 16,79,400/- 30,24,000/- Enhanced

Loss

of Consortium of

1st petitioner 40,000/- 40,000/- Confirmed

Loss of Love and Affection to

the petitioners 2 to 4 (each Rs.10,000/- by Tribunal), (each Rs.40,000/- by this Court) 30,000/- 1,20,000/- Enhanced

Funeral Expenses 16,500/- 40,000/- Enhanced

Transport Expenses 10,000/- 10,000/- Confirmed

Medical Expenses 1,05,553/- 1,05,553/- Confirmed Total Compensation Awarded Rs.18,81,453/ - Rs.33,39,553/ - Enhanced

9. Result:

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

9.2. The award amount dated 31-01-2023 in M.C.O.P.No.702 of 2022 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Tirunelveli is hereby enhanced from Rs.18,81,453/- to Rs.33,39,553/- together with interest at the rate of 7.5% per annum from the date of the claim petition.

9.3. The 2 nd respondent/Insurance Company is directed to deposit the enhanced compensation, together with interest at 7.5% per annum from the date of filing of the claim petition, after giving credit to the amount already deposited, if any, 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 in the apportionment already 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, (Principal District Judge), Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. K.K.RAMAKRISHNAN,J. AKM C.M.A.(MD).No.853 of 2024

Dated: 02.11.2026