Kanchana v. M. Emaiyan
Motor Vehicles Act, 1988 – S.173 – Enhancement of compensation – Death claim (MCOP.No.2219 of 2017)
Case brief
What is this about?
Madras High Court CMA 2857/2023 under S.173 MV Act 1988 (decided 08-04-2026): enhancement of compensation in fatal motor accident claim MCOP.No.2219/2017 (accident 21.03.2017, tanker lorry TN-05-AQ-2638 vs motorcycle TN-14-D-3315); deceased graduate street fruit vendor; notional income raised from Rs.13,000/- to Rs.15,000/- per month; 40% future prospects; 1/4 personal expenses deduction; multiplier 17; loss of dependency enhanced Rs.27,84,600/- to Rs.32,13,000/-; total Tribunal award was Rs.30,14,600/- at 7.5% interest from 18.04.2017; enhanced Rs.4,28,400/- payable by New India Assurance (R2) within six weeks to widow (first appellant); Tribunal findings otherwise sustained; insurer adduced no evidence, owner ex parte; no precedents cited or discussed.
What did the court decide?
Civil Miscellaneous Appeal allowed to the above extent (no costs): compensation under loss of dependency enhanced from Rs.27,84,600/- to Rs.32,13,000/-; the enhanced amount of Rs.4,28,400/- to be deposited by the second respondent (insurer) within six weeks, to go to the share of the first appellant, wife of the deceased; other findings of the Tribunal sustained.