CMA.No.598 of 2023 __________ Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.598 of 2023 1. V.Periyasettu S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 2. V.Settu S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 3. Subbamma W/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 4. Muniyappan @ Muniyan S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 5. V.Velu S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 6. V.Arumugam S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page2 of 9 Taluk. 7. V.Ezhumalai S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 8. V.Velmurugan S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk. 9. Minor V.Perumal S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk Rep. by their mother & natural guardian Subbamma - 3rd petitioner herein 10. Minor V.Siva S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk Rep.by their mother & natural guardian Subbamma - 3rd petitioner herein 11. Minor V.Dhivya D/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk Rep.by their mother and natural guardian Subbamma - 3rd petitioner herein 12. Minor V.Murali S/o. Velayutham, No.5, Athiyan Street, Venkatankuppam, Vadalur, Kurinjipadi Taluk rep.by their mother & natural guardian Subbamma - 3rd petitioner herein ...Appellants Vs https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page3 of 9 1. R. Ramesh, S/o. Rajagopal, No.5, Bhagavathiamman Koil Street, Cuddalore - 607 001. 2. Reliance General Insurance Company Ltd Reliance House, 6th Floor, No.6, Haddows Road, Nungambakkam, Chennai - 600 006. ...Respondents APPEAL under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 31.10.2022 made in MCOP. No.2579 of 2018 on the file of the Motor Accidents Claims Tribunal/I Additional District & Sessions Judge (FAC), Cuddalore. For Appellants: Ms.Ramya V.Rao For Respondents: Mr.P.Suresh Srinivasan for R2 R1 - Unclaimed JUDGMENT This appeal has been filed by the appellants – claimants against the award dated 31.10.2022 made in MCOP.No.2579 of 2018 on the file of the Motor Accidents Claims Tribunal/I Additional District & Sessions Judge (FAC), Cuddalore (for short, the Tribunal below) wherein the claimants are seeking for enhancement of compensation. https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page4 of 9 2. Heard the learned counsel for the appellants – claimants and the learned counsel appearing for the second respondent – Insurance Company. 3. Appellants 1 and 2 – claimants 1 and 2 are the children of the first wife; third appellant – third claimant is the second wife; and appellants 4 to 12 – claimants 4 to 12 are the children born to the second wife of one Mr.Velayutham (since deceased). 4. The case of the appellants – claimants is as follows: (i) On 10.1.2018, the said Mr.Velayutham was walking on the extreme left of Kullanchavadi to Alapakkam Main Road and at about 8.30 PM, the offending vehicle, which was a two wheeler belonging to the first respondent, was driven in a rash and negligent manner and dashed on him, as a result of which, he sustained grievous injuries and later, succumbed to the injuries even on the same day. A first information report in Crime No.10 of 2018 came to be registered on the file of the Station House Officer, Kullanchavadi Police Station. It was under those circumstances, the claim petition came to be filed before the Tribunal below. https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page5 of 9 (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 took place only due to the rash and negligent driving on the part of the driver of the two wheeler. (iii) Having rendered the above finding, the Tribunal below fixed the total compensation amount in the following manner: S.No. Head Amount 1 Loss of income Rs.3,12,000/- 2 Loss of spousal consortium to the third claimant Rs. 44,000/- 3 Loss of parental consortium to 1, 2 & 4 to 12 claimants (11 X Rs.44,000/-) Rs.4,84,000/- 4 Funeral expenses Rs. 33,000/- 5 Transport expenses Rs. 10,000/- Total Rs.8,83,000/- (iv) The above total compensation amount was directed to be paid by the second respondent – Insurance Company with interest at the rate of 7.5% per annum from the date of claim petition till payment. Further, the second respondent – Insurance Company was permitted to recover the amount from the first respondent – owner of the vehicle. Aggrieved by that, the appellants – claimants have filed this appeal before this Court. https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page6 of 9 5. 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. 6. The main ground that was urged on the side of the appellants – claimants is that the accident had taken place in 2018, that there are 12 claimants in this case, out of whom, four are minor claimants and that however, the Tribunal below fixed the notional monthly income at Rs.6,500/-, which is on the lower side. 7. Taking into consideration the age of the deceased, who was 70 years at the time of demise and taking note of the number of claimants in this case and also considering the fact that accident took place in the year 2018, this Court is inclined to fix the notional monthly income at Rs.15,000/-. Consequently, the compensation under the head ‘loss of income’ is calculated as follows: “Rs.15,000/- minus Rs.3,000/- (1/5 deduction towards personal expenses) = Rs.12,000/-; Rs.12,000/- X 12 (months) X 5 (multiplier) = Rs.7,20,000/-.” https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page7 of 9 8. The Tribunal below fixed a sum of Rs.44,000/- under the head ‘loss of spousal consortium’ and Rs.4,84,000/- under the head ‘loss of parental consortium’. These heads are consolidated and this Court is inclined to fix the compensation under the head ‘loss of consortium’ at Rs.4,80,000/-. 9. The Tribunal below fixed a sum of Rs.33,000/- under the head ‘funeral expenses and loss of estate’ and this is reduced to Rs.30,000/-. The compensation granted under the head ‘transport expenses’ is sustained. 10. In the light of the above discussions, the above civil miscellaneous appeal is partly allowed and the award dated 31.10.2022 made in MCOP.No.2579 of 2018 on the file of the Tribunal below is modified as follows: S.No. Head Amount awarded by the Tribunal below Amount awarded by this Court in this appeal 1 Loss of income Rs.3,12,000/- Rs. 7,20,000/- 2 Loss of spousal consortium to the third claimant Rs. 44,000/- Rs. 4,80,000/- (for all the 12 claimants) 3 Loss of parental consortium to 1, 2 & 4 to 12 claimants Rs.4,84,000/- https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page8 of 9 (11 X Rs.44,000/-) 4 Funeral expenses & loss of estate Rs. 33,000/- Rs. 30,000/- 5 Transport expenses Rs. 10,000/- Rs. 10,000/- Total Rs.8,83,000/- Rs.12,40,000/- The second respondent -Insurance Company is directed to deposit the said sum of Rs.12,40,000/- together with accrued interest at the rate of 7.5% per annum from the date of claim petition till payment within six weeks from the date of receipt of a copy of this judgment. It goes without saying that the finding with regard to pay and recovery is confirmed. No costs. 20-07-2026 To 1.The Motor Accidents Claims Tribunal/ I Additional District & Sessions Judge (FAC), Cuddalore 2.Reliance General Insurance Company Ltd., Reliance House, 6th Floor, No.6, Haddows Road, Nungambakkam, Chennai - 600 006. RS https://www.mhc.tn.gov.in/judis CMA.No.598 of 2023 __________ Page9 of 9 N.ANAND VENKATESH,J RS CMA.No.598 of 2023 20-07-2026 https://www.mhc.tn.gov.in/judis