CMA No. 1108 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1108 of 2025 1. S.Bavani W/o. Late A Subramani, Res. at No.427, Perumal Koil Street, Guruvoyal, Thiruvallur - 052. 2.S. Sugumar (minor) S/o. Late A Subramani, Res. at No.427, Perumal Koil Street, Guruvoyal, Thiruvallur - 052. Rep. by mother and next friend 1st petitioner bavani 3.S. Abitha (minor) D/o. Late A Subramani, Res. at No.427, Perumal Koil Street, Guruvoyal, Thiruvallur - 052. Rep. by mother and next friend 1st petitioner bavani 4.S. Subash (minor) S/o. Late A Subramani, Res. at No.427, Perumal Koil Street, Guruvoyal, Thiruvallur - 052. Rep. by mother and next friend 1st petitioner bavani A. Ambujam (Died) Appellant(s) https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 Vs 1. Rebecca Caleb No.6, Meenakshi Nagar, Kolathur- CPT, Chennai - 099. 2.Bajaj Allianz General Insurance Company Limited New No.497/497, Isana Kattima Building, 5th Floor, Poonamallee High Road, Arumbakkam, Chennai - 106. Respondent(s) PRAYER To enhance the amount awarded in MCOP. No.5543/2018 on the file of Motor Accident Claims tribunal Chennai, II Court of Small Causes Court, Chenani. For Appellant(s): Mr.U.Chithambaram For Respondent(s): Mr.T.K.Prem Kumar For R2 R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the amount awarded in MCOP.No.5543/2018 on the file of Motor Accident Claims tribunal Chennai, II Court of Small Causes Court, Chenani. https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 2. On 17.07.2018 at about 08.00 hours while the deceased was going to Tamaraipakkam through his motorcycle bearing registeration No. TN 18 AQ 8523 and when nearing Janani Thirumana Mandapam and by that time a car bearing registeration No. TN 05 X 2769 came in a rash and negligent manner hit the motorcycle ridden by the deceased and thereafter he was taken to Government General Hospital, Chennai, where he died. Thereafter, the claimants filed the petition before the tribunal claiming compensation and the second respondent contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation of Rs. 18,13,612/-. Challenging the quantum of compensation, the claimant filed this appeal. 3. The learned counsel for the claimants submit that deceased was working as a driver but without considering the same the tribunal awarded very meagre amount. Hence, he prays to enhance the compensation. 4. The learned counsel for the second respondent submits that the claimants have not produced any proof to prove the income of the deceased hence the tribunal rightly fixed Rs. 13,300/- income of the deceased based on https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 the inflation index for the year 2018-19. Hence, he prays to dismiss this appeal. 5. Considering the facts of the case and also the cost of living at the time of the accident, this Court is inclined to fix Rs.18,000/- under the head of notional income. Accordingly, the claimants are entitled to Rs. 28,35,000/- (18,000+4500x12x14-(1/4). Further, the deceased have four dependants hence the claimants are entitled to each Rs.40,000/- Accordingly, the claimant is entitled to Rs.1,60,000/- under the head of love and affection. Further the interest for the default period is ordered to be waived. Except above modification, the award passed by the tribunal in other heads remain unchanged. S.No. Heads Compensation awarded by the tribunal. Compensation awarded by this Court 1. Loss of dependency Rs.19,45,125/- Rs.28,35,000/- 2. Loss of estate Rs.15,000/- Rs.15,000/- 3. Loss of love and affection Rs.40,000/- Rs.1,60,000/- 4. Funeral expenses Rs.15,000/- Rs.15,000/- 5. Transportation charges Nil Nil Total Rs.20,15,125/- Rs.30,25,000/- 6. After deducting 10% towards contributory negligence, the claimants are https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 entitled to Rs. 27,22,510/-, which is rounded off to Rs.27,22,500/- 7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 27,22,500/-. The 2 nd respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP. No.5543/2018 on the file of Motor Accident Claims tribunal Chennai, II Court of Small Causes Court, Chenani, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the first appellant is permitted to withdraw a sum of Rs.15,22,500/- by making formal application before the Tribunal. The minor appellants 2 to 4 are entitled to Rs.4,00,000/- each and their share be deposited before any of the Nationalized bank and they are entitled to withdraw the interest once in every three months. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s). https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 31-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Motor Accident Claims tribunal Chennai, II Court of Small Causes Court, Chenani 2. The Section Officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1108 of 2025 T.V.THAMILSELVI J. pbl CMA No. 1108 of 2025 31-07-2025 https://www.mhc.tn.gov.in/judis