High Court enhanced compensation in a motor accident claim. Reconsidered notional income, added multiplier, corrected heads of loss (consortium/estate), and directed insurance company to pay increased amount.
Enhanced compensation to Rs.20,30,000 with interest at 7.5% p.a. from 12.09.2019 plus costs.
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.
C.M.A.(MD) No.978 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.978 of 2024
... Appellants
Vs.
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C.M.A.(MD) No.978 of 2024
M.C.Road, Nagambadome, Kottaiyam, Kerala State.
... Respondents
[R1 was set exparte before the lower court]
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 praying to enhance the compensation awarded in M.C.O.P.No.668 of 2019 dated 09.01.2024 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Dindigul.
For Appellants : Mr.S.Pugalendhi For R2 : Mr.J.S.Murali
J U D G M E N T
This Civil Miscellaneous Appeal has been filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (Additional District Court) Dindigul in M.C.O.P.No.668 of 2019 vide its Judgment and Decree dated 09.01.2024.
had remained exparte before the Tribunal, notice to the first respondent is
dispensed with.
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C.M.A.(MD) No.978 of 2024
668 of 2019 before the Tribunal, stating that on 17.01.2018 at about 12.00
p.m., while the deceased was travelling along with the appellants/claimants in their car bearing Registration No.TN-07AY-2791, an ambulance van bearing Registration No.KL-05-AG-7354 owned by the first respondent and insured with the second respondent Insurance Company came in the opposite direction in a rash and negligent manner and dashed against the car, as a result of which, the deceased sustained grievous injuries and succumbed to the injuries.
van had remained exparte . The second respondent Insurance Company had filed counter stating that the accident did not take place due to the negligence of the insured ambulance van; that the claim made by the claimants is excessive and prayed for dismissal of the claim petition.
examined himself as P.W.1 and the appellant/claimants marked Exs.P1 to P7. The respondents have neither examined any witnesses nor marked any documents.
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C.M.A.(MD) No.978 of 2024
documentary evidence held that the accident took place due to the rash and negligent driving of the driver of the insured ambulance van and awarded a compensation of Rs.13,05,000/- payable by the second respondent Insurance Company to the appellants/claimants.
Company, per contra, submitted that the appellants/claimants have neither established the avocation nor the income of the deceased and in such
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C.M.A.(MD) No.978 of 2024
circumstances, the notional income fixed by the Tribunal at Rs.8,000/- per month is just and reasonable; that the compensation under other heads is also reasonable and no interference is called for.
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C.M.A.(MD) No.978 of 2024
the income has to be deducted towards personal expenses. Therefore, the compensation awarded under the head of loss of income is modified as
follows:-
(Age of the deceased - 50) Notional Monthly Income : Rs.12,000/Add: Future Prospects at 25% [Rs.12,000/- x 25/100] : Rs. 3,000/----------------: Rs.15,000/Less : Personal Expenses at 1/4th [Rs.15,000/- x ¼] : Rs. 3,750/----------------: Rs.11,250/-
Annual contribution to the family [Rs.11,250/- x 12] - Rs.1,35,000/-
Multiplier - 13 [Rs.1,35,000/- x 13] - Rs.17,55,000/-
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C.M.A.(MD) No.978 of 2024
second to sixth appellants/second to sixth claimants under the head of
'loss of consortium' instead of 'loss of love and affection'. Rs.2,00,000/(Rs.40,000/- x 5) is awarded under the head of 'loss of consortium' to the second to sixth appellants/second to sixth claimants. Compensation awarded to the first appellant/first claimant under the head of 'loss of consortium' is confirmed. The Tribunal has not awarded any compensation under the head of 'loss of estate'. Therefore, Rs.15,000/- is awarded under the head of 'loss of estate'.
follows:-
| Sl. No |
Description | Amount awarded by the Tribunal |
Amount awarded by this Court |
Award confirmed, deleted, enhanced orgranted |
|---|---|---|---|---|
| 1 | Loss of Income | Rs.11,70,000/- | Rs.17,55,000/- | Enhanced |
| 2 | Loss of Consortium to 1st claimant |
Rs. 40,000/- | Rs. 40,000/- | Confirmed |
| 3 | Loss of Consortium to 2nd to 6thclaimants |
- | Rs. 2,00,000/- | Granted |
| 4 | Loss of love and affection |
|||
| to 2ndto 6thclaimants | Rs. 75,000/- | - | Deleted | |
| 5 | Loss of estate | - | Rs. 15,000/- | Granted |
| 6 | Funeral Expenses | Rs. 15,000/- | Rs. 15,000/- | Confirmed |
| 7 | Transport charges | Rs. 5,000/- | Rs. 5,000/- | Confirmed |
| Total | **Rs.13,05,000/- ** | Rs.20,30,000/- | Enhanced byRs. 7,25,000/- |
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C.M.A.(MD) No.978 of 2024
deposit the aforesaid modified amount of Rs.20,30,000/- together with interest at 7.5% per annum from 12.09.2019 till the date of realization and cost of Rs.32,591.50, less the amount already deposited, if any, within a period of 6 weeks from the date of receipt of a copy of this order.
No costs.
09.08.2024
Index: Yes/ No Neutral Citation: Yes / No Speaking Order/Non-Speaking Order JEN
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C.M.A.(MD) No.978 of 2024
Copy To:
Additional District Judge, Motor Accident Claims Tribunal, Dindigul.
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C.M.A.(MD) No.978 of 2024
SUNDER MOHAN, J.
JEN
C.M.A.(MD) No.978 of 2024
09.08.2024
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3 issues framed by the court
Whether the compensation awarded by the Tribunal is just and reasonable.
Whether the heads of loss of consortium and loss of estate should be awarded to the dependents.
Whether the notional income of the deceased, multiplier, and calculation methodology were appropriate.
1 provisions across 1 enactments
Dhandapani S/o.Dhasan Nayakkar and others
The President, Seva Bharathi
The Branch Manager, The United India Insurance Company Ltd.
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
