Vijaya Vs P.Barath

To allow this CMA by enhancing the Compensation awarded in the dated 2510-2024 passed in MCOP.No.1905/2020 on the file of the Motor Accident Claims Tribunal, Chennai(Chief Judge, Court of Small Causes, Chennai)

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CMA No. 1609 of 2025

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For Appellant(s): K.Balaji For Respondent(s): Mr.S.Srinivasan For R2

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JUDGEMENT

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This Civil Miscellaneous Appeal has been filed for nhancing the

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Compensation awarded in the dated 25-10-2024 passed in MCOP.No.1905/2020

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on the file of the Motor Accident Claims Tribunal, Chennai(Chief Judge, Court

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of Small Causes, Chennai)(in short ''tribunal'').

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On 13.02.2020, at about 06.30 hours while the victim was crossing

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pedestrian cross at Arcot Road near Dr. Ambedkar Play Ground,

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https://www.mhc.tn.gov.in/judis

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CMA No. 1609 of 2025

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Valasarvakkam, Chennai, a motorcycle bearing registration No. TN 12 AH 8638

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driven in a rash and negligent manner rammed against the victim, due to which, the victim sustained grevious injuries and died on 19.02.2020 at Rajiv Gandhi Government General Hospital. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.12,40,000/- as compensation. Challenging the quantum of compensation, the claimants filed this appeal.

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The learned counsel for the appellant submits that the deceased was

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worked a carpenter and earned a sum of Rs.25000/- but the tribunal as fixed only Rs.15,000/- as income of the deceased. Hence, he prays to enhance the compensation.

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The learned counsel for the respondent insurance company submits that

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the tribunal has rightly fixed the income of the deceased which needs no

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interference.

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Considering the fact the accident was happened in the year 2020 and

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also deceased was worked as a carpenter. Taking into consideration of the cost

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https://www.mhc.tn.gov.in/judis

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CMA No. 1609 of 2025

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of living at the time of the accident, this Court is inclined to fix Rs.18,000/- as

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notional income of the deceased. Further, this Court is inclined to fix 10% for future prospect for the deceased. Accordingly, the claimants are entitled to Rs.14,25,600/- under the head of loss of dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged.

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In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:-

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*S.No.*	*Heads*	*Compensation* *awarded* by *tribunal.*	*Compensation* *awarded by this Court*
1.	Loss of income/dependence	Rs.10,80,000/-	Rs.14,25,600/-
2.	Loss of estate	Rs.15,000/-	Rs.15,000/-
3.	Loss of consortium	Rs.1,20,000/-	Rs.1,20,000/-
4.	Funeral expenses	Rs.15,000/-	Rs.15,000/-
5.	Transportation charges	Rs.10,000/-	Rs.10,000/-
	Total	Rs.12,40,000/-	Rs.15,85,600/-

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In view of the discussions made earlier, the compensation awarded by

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the Tribunal is enhanced to Rs. 15,85,600/- . The 2nd respondent is directed to

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deposit the said amount - together with interest at the rate of 7.5% per annum

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from the date of claim petition to the date of realisation, to the credit of

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https://www.mhc.tn.gov.in/judis

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CMA No. 1609 of 2025

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MCOP.No.1905/2020 on the file of the Motor Accident Claims Tribunal,

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Chennai(Chief Judge, Court of Small Causes, Chennai) , within a period eight

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weeks from the date of receipt of a copy of this judgement. On such deposit, the appellants/claimants are permitted to withdraw the award amount by making

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formal application before the Tribunal. The 2nd respondent may deduct the

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amount, if any amount has already deposited before the tribunal.

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