J.Rajalakshmi Vs K.Dhanapal

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CMA.No.2796 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-07-2026

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CORAM

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THE HON'BLE MR JUSTICE N. ANAND VENKATESH

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Civil Miscellaneous Appeal No.2796 of 2022

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J.Rajalakshmi W/O. Jayakumar, residing at No.4, Perumal Koil Street, Thirubuvanai Village, Puducherry- 605107.

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Minor J.Lalitha D/O. Jayakumar, residing at No.4, Perumal Koil Street, Thirubuvanai Village, Puducherry- 605107. (Minor rep.by her natural guardian/mother J.Rajalakshmi)

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Minor J.Harish S/O. Jayakumar, residing at No.4, Perumal Koil Street, Thirubuvanai Village, Puducherry- 605107. (Minor rep.by his natural guardian/mother J.Rajalakshmi) ...Appellants

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Vs

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K.Dhanapal, S/O. Krishna Nadar, __________ Page1 of 8

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

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CMA.No.2796 of 2022

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Katha No.260/267/7, Door No. 48/7, Singasandra, Hosur Main Road, Bangalore – 560068.

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The New India Insurance Co.Ltd., No.45, II Line Beach, Moores Street, Chennai-600001.

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...Respondents

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APPEAL under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 02.3.2022 made in M.C.O.P. No.3292 of 2016 on the file of the Motor Accident Claims Tribunal/ Special Sub-Court No.2 to deal with MCOP Cases), Court of Small Causes, Chennai.

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For Appellants: Ms.Ramya V.Rao For Respondents: Ms.R.Rathnathara for R2 Not ready in notice regarding R1

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JUDGMENT

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This appeal has been filed by the appellants – claimants against the award dated 02.3.2022 made in M.C.O.P.No.3292 of 2016 on the file of the Motor Accident Claims Tribunal/Special SubCourt No.2 to deal with MCOP Cases), Court of Small Causes, Chennai (for short, the Tribunal below) wherein they are seeking for enhancement of compensation.

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CMA.No.2796 of 2022

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Heard the learned counsel for the appellants – claimants and the learned counsel appearing for the second respondent.

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The first appellant – first claimant is the wife; second claimant is the minor daughter; and the third claimant is the son of one Mr.B.Jayakumar (since deceased).

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The case of the appellants – claimants is as follows:

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(i) On 25.11.2015, the said Mr.B.Jayakumar was riding a two

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wheeler and was proceeding from Puducherry to Villupuram NH and at about 9.30 PM, when he was near L.R.Palayam Checkpost, the offending vehicle, which was a lorry, was said to have been driven in a rash and negligent manner and dashed on the two wheeler ridden by the said Mr.B.Jayakumar, as a result of which, he was thrown out of the two wheeler, sustained fatal injuries and later, succumbed to the injuries on 30.11.2015. The first respondent is the owner of the offending vehicle and the second respondent is its insurer. A first information report came to be filed in Crime No.1111 of 2015 on the file of Valavanur Police Station, Villupuram District against the driver of the offending vehicle. It was under those circumstances, the

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CMA.No.2796 of 2022

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claim petition came to be filed before the Tribunal below.

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(ii) The Tribunal below, on considering the facts and circumstances of the case and on appreciation of the oral and documentary evidence, came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.

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(iii) Having rendered the above finding, the Tribunal below fixed the total compensation amount of Rs.15,50,000/- under the following heads:

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S.No.	Head	Amount
1	Loss of dependency	Rs.14,00,000/-
2	Loss of consortium	Rs. 1,20,000/-
3	Loss of estate	Rs. 15,000/-
4	Funeral expenses	Rs. 15,000/-
	Total	Rs.15,50,000/-

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(iv) The above total compensation amount was directed to be

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paid by the second respondent – Insurance Company along with interest at the rate of 7.5% per annum from the date of claim petition till date of realization. Aggrieved by that, the appellants – claimants are before this Court by filing this appeal seeking for enhancement of compensation.

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CMA.No.2796 of 2022

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This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned award.

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The bone of contention is regarding the notional monthly income fixed by the Tribunal below while calculating the compensation under the head ‘loss of dependency’.

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This Court finds some force in the said contention of the learned counsel for the appellants – claimants. The said Mr.B. Jayakumar was said to have done catering services and at the time of accident, he was aged about 38 years. He left behind his wife and two minor children. The accident took place in the year 2016. In view of the same, this Court is inclined to fix the notional monthly income at Rs.15,000/-. Consequently, the compensation under the head ‘loss of dependency’ is calculated as follows:

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“Rs.15,000/- + 25% of Rs.15,000/-

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(future prospects) = Rs.18,750/-;

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Total annual income = Rs.18,750/- X 12 (months) = Rs.2,25,000/-;

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After 1/3rd deduction towards personal

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CMA.No.2796 of 2022

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expenses, the amount comes to Rs.1,50,000/-;

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Applying 14 as multiplier, the compensation comes to Rs.21,00,000/(Rs,1,50,000/- X 14).”

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In the considered view of this Court, the compensation awarded under other heads is found to be just and reasonable and does not require the interference of this Court.

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In the light of the above discussions, the above civil miscellaneous appeal is partly allowed and the award dated 02.3.2022 in MCOP.No.3292 of 2016 on the file of the Tribunal

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below is modified in the following manner :

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S.No Head Amount awarded by Amount awarded by the Tribunal below this Court in this appeal 1 Loss of dependency Rs.14,00,000/Rs.21,00,000/2 Loss of consortium Rs. 1,20,000/Rs. 1,20,000/3 Loss of estate Rs. 15,000/Rs. 15,000/4 Funeral expenses Rs. 15,000/Rs. 15,000/Total Rs.15,50,000/Rs.22,50,000/-

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The above total compensation amount of Rs.22,50,000/- is directed

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to be deposited by the second respondent less the amount already deposited together with interest at the rate of 7.5% per annum from the date of claim petition till the date of realization,

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CMA.No.2796 of 2022

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within six weeks from the date of receipt of a copy of this judgment. By now, the minor children would have become majors. Hence, after deposit of the entire compensation amount to the extent indicated in this judgment, the appellants – claimants will be entitled to withdraw the entire enhanced amount together with accrued interest as per the proportion fixed by the Tribunal below. The guidelines issued by the Division Bench of this Court in CMA.No.2064 of 2026 dated 08.7.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimants. No costs.

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27-07-2026

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To

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