This appeal sought enhancement of compensation awarded in a fatal motor accident case. The High Court recalculated the monthly income and applied a different multiplier, enhancing the total compensation from Rs.14.70 lakh to Rs.16.86 lakh.
Compensation enhanced from Rs.14,70,200 to Rs.16,85,800 with interest at 7.5% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.1604 of 2020
Vs.
The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai 600 002 ...Respondents/Respondents
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act, 1988, to enhance the judgment and decree dated 01.02.2020, passed in MCOP No.6923 of 2017, on the file of the Motor Accidents Claims Tribunal, IV Court of Small Causes Court, Chennai.
For Appellant : Mr.S.Ravikumar
For Respondent : Mr.Suresh Srinivasan
J U D G M E N T
The claimants are the appellant seeking for enhancement of compensation.
the deceased Manikandan was 27 years old and he was working as a Mason and earning Rs.700 per day and he was the sole breadwinner of the family. As the claimants, being aged old parents and depending upon the deceased, claim a sum of Rs.30,00,000/- as compensation and filed the filing the claim petition.
notional monthly income comes to Rs.15,400/-. The deceased was a bachelor and as per the guide line issued by the Hon'ble Supreme Court, in the case of Pranay Sethi, 50% monthly income should be deducted towards his personal expenses. Hence, the monthly income comes to Rs.7700/-. As the deceased was 27 years old at the time of accident, appropriate multiplier of 17 would be applied and hence, the loss of dependency comes to Rs.15,70,800( 7700x12x17) and the claimants being the parents of the deceased are entitled to a sum of Rs.80000/- towards filial consortium and Rs.15000/- each towards loss of estate and funeral expenses and Rs.5000/- towards transport expenses, it comes to Rs.16,85,800/- rounded to Rs.16,86,000/- instead of Rs.14,70,200/- as awarded by the Tribunal.
| Sl. No. |
Headings | Amount Awarded by the Tribunal Rs. |
Amount awarded by this Court |
Award confirmed or enhanced |
|---|---|---|---|---|
| 1 | Loss of dependency | 12,85,200 | 15,70,800 | enhanced |
| 2 | Loss of estate | 15,000 | 15,000 | confirmed |
| 3 | Funeral expenses | 15,000 | 15,000 | confirmed |
| 4 | Filial consortium | - | 80,000 | awarded |
| 5 | Loss of love and affection |
1,50,000 | - | |
| 6 | Transportation expenses |
5,000 | 5,000 | confirmed |
| Total | 14,70,200 | 16,85,800 | enhanced |
along with interest and costs as apportioned by the Tribunal. No costs.
Sd/Assistant Registrar(CS VIII) //True Copy//
Sub Assistant Registrar
mrp
To:
The IV Judge, Motor Accidents Claims Tribunal, Court of Small Causes Court, Chennai.
Copy to The Section Officer, VR Section, High Court, Madras – 104. +1cc to Mr.S.Ravikumar, Advocate, Sr.38397 +1cc to Mr.K.Moorthy, Advocate, Sr.38542
C.M.A.No.1604 of 2020
SVI[co] NSK 25/10/2021
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal should be enhanced to meet the claimants' financial loss.
Whether the monthly income and multiplier applied by the Tribunal were appropriate for calculating loss of dependency.
Colour shows how this judgement treated each authority
Pranay SethiReferred¶22
1 provisions across 1 enactments
Angammal & Ors.
The Managing Director, Metropolitan Transport Corporation Ltd.
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
