Dismissed¶104

The Branch Manager v. Muthamil Sagayam

Motor Accident Claims – Compensation

Madras HC28 Aug 2025CMA(MD)/949/2023

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Case brief

AI extract

What is this about?

Legal representative entitlement without financial dependency; nieces/married daughters of deceased's brother as claimants; Section 166 and Section 173 Motor Vehicles Act; Section 173 CMA against MACT Trichy award; notional income Rs.10,500/- per month; multiplier 5; 50% personal expenses deduction; TATA AIG General Insurance v. Muthamil Sagayam and Amirtham; Madurai Bench of Madras High Court, K. Murali Shankar J.; appeal dismissed and MCOP award of Rs.3,85,000/- with 7.5% interest confirmed on 28.08.2025.

What did the court decide?

Civil Miscellaneous Appeal dismissed; Tribunal award dated 21.06.2023 in M.C.O.P.No.931 of 2019 (Rs.3,85,000/- with 7.5% per annum interest and costs) confirmed; connected Miscellaneous Petitions closed; no costs. ¶104

The Branch Manager Vs Muthamil Sagayam — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

¶104

Issue for consideration

Whether the claimants, being only the daughters of the deceased's brother (nieces) and not dependent on the deceased, are entitled to claim compensation for his death. +1 more

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Court's answer

Legal representatives of the deceased are entitled to claim compensation under the Motor Vehicles Act even where they were not financially dependent on the deceased; accordingly, the claimants (daughters of the deceased's brother) are entitled to get compensation.

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Ratio / Principle

The claimants established through the legal heirship certificate (Ex.P.4) that they are the legal heirs of the deceased Pichaipillai, and the appellant insurer neither disputed this factum nor contended the existence of other legal heirs or legal representatives.

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Key takeaways

The Tribunal rightly fixed the notional income of the deceased at Rs.10,500/- per month (accident occurred in 2018; claim of Rs.15,000/- per month unsubstantiated), rightly deducted 50% towards personal and living expenses, rightly applied multiplier '5', and reasonably quantified compensation at Rs.3,15,000/-; the same cannot be found fault with.ratio¶99

Detailed headnote1 paragraphs

Motor Accident Claims - Compensation - Claimants are the married nieces (daughters of the deceased's brother) of an unmarried man who died in a two-wheeler accident on 07.12.2018 - Insurer appealed the Tribunal award of Rs.3,85,000/- (7.5% interest) contending non-dependent collateral relatives are entitled at best to conventional heads - Held, following Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai, National Insurance Co. v. Birender and Jithendra Kumar v. Sanjay Prasad, that all legal representatives of the deceased can claim compensation under the Motor Vehicles Act irrespective of financial dependency; claimants' legal-heir status via Ex.P.4 stood undisputed - Tribunal's notional income of Rs.10,500/- p.m. for the 76-year-old deceased, 50% personal-expense deduction, multiplier 5 and dependency quantum of Rs.3,15,000/- upheld - C.M.A(MD)No.949 of 2023 dismissed; Tribunal award confirmed; connected C.M.Ps closed; no costs.

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C.M.A(MD)No.949 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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RESERVED ON : 17.06.2025

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PRONOUNCED ON : 28.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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C.M.A(MD)No.949 of 2023 and

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C.M.P(MD)Nos.14452 of 2024 and 13337 of 2023

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The Branch Manager, M/s.TATA AIG General Insurance Co Ltd., North Block, 3^rd Floor, AA Towers, 4 & 5, By pass Road, Madurai. : Appellant

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Vs.

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Muthamil Sagayam

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2.Amirtham

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3.A.Ashwin : Respondents

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(Memo, dated 16.06.2025 in USR.No.23499 is recorded to the effect that notice to R3 is dispensed with as he was set ex-parte before the Tribunal vide Court order, dated 17.06.2022 made in CMA(MD)No.949/2023)

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