CMA No.1789 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.No.1789 of 2024 and CMP.No.13085 of 2024 The Divisional Officer, The National Insurance Co. Ltd., 2nd Floor, No.110, Jawaharlal Nehru Street, Puducherry. ... Appellant Vs. 1.Pappa 2.Veeramani 3.Umarani 4.Mala 5.Baskar ... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, prays to set aside the decree and judgement passed in MCOP.No.86 of 2016, dated 26.06.2019 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Thittakudi. For Appellants : Mr.J.Chandran 1 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 For R1,2 & 4 : Mr.S.Udhayakumar For R3 : No appearance. JUDGMENT The appellant has filed this appeal against the award passed in MCOP.No.86 of 2016 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Thittakudi, dated 26.06.2019. 2. On considering the oral and documentary evidence, the Tribunal allowed the claim petition and awarded a sum of Rs.13,25,000/- as compensation, directing the 2nd respondent to pay the said amount to the claimants, along with interest at the rate of 7.5% per annum from the date of the petition till the date of realization. 3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (Insurance company) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988. 4. The learned counsel appearing for the appellant contended that 2 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 the Tribunal had fixed the monthly income of the deceased at Rs.12,000/- especially, when no proof of income was filed by the claimants. He further contended that the monthly income of the deceased should be reduced and, accordingly, the compensation awarded by the Tribunal should be scaled down. 5. The learned counsel appearing for the respondents / claimants contended that the deceased was engaged in agriculture and milk supply business and was actually earning a sum of Rs.25,000/- per month. HE further contended that the Tribunal had fixed the notional income of the deceased at Rs.12,000/- per month and deducted ¼ towards his personal expenses. Therefore, he submitted that the Award passed by the Tribunal need not be disturbed at this stage. 6. Though in the claim petition it was contended by the claimants that the deceased was engaged in agriculture and milk supply business and was earning a sum of Rs.25,000/- per month, no proof of income was filed by the claimants. The accident took place in the year 2016. The Tribunal has rightly fixed the income of the deceased at Rs.12,000/- per 3 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 month. At the time of accident, the deceased was aged 58 years, therefore, the proper multiplier in this case is ' 9 ', as per per the decision rendered in Sarlavarma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121. There were 4 persons dependent on the income of the deceased. Hence, 1/4th was rightly deducted towards his personal expenses. The notional income fixed by the Tribunal requires no interference under the head of loss of income. 7. With regard to the claim for loss of love and affection, this Court fix a total sum of Rs.1,60,000/-, for four persons. Consequently, the amount of Rs.2,00,000/- fixed for one person by the Tribunal is deleted. Under the head of 'loss of estate', this Court reduces the award to Rs.15,000/-. 8. The following tabular column sets out the amounts awarded by the Tribunal and the revised amounts awarded by this Court under various heads: Sl. No Heads Amount (in Rs.) awarded by the Amount (in Rs.) awarded by the 4 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 Tribunal High Court 1. Loss of dependency 9,72,000 9,72,000 2. Loss of Consortium 1,05,000 1,60,000 3. Loss of Consortium 2,00,000 Nil 4. Loss of amenities 20,000 15,000 5. Funeral expenses 28,000 28,000 Total Rs.13,25,000 Rs.11,75,000 Thus, the compensation awarded by the Tribunal is reduced from Rs.13,25,000/- to Rs.11,75,000/-, which shall carry interest at the rate of 7.5% per annum. 9. In the result, (i) The civil miscellaneous appeal is partly allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (ii) The compensation awarded by the tribunal is scaled down from Rs.13,25,000/- to Rs.11,75,000/-. (iii) The appellant/National insurance company Limited is directed to deposit the revised compensation amount of Rs.11,75,000/- together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit (less the amount already deposited by 5 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 them), within a period of four weeks from the date of receipt of a copy of this order. (iv) On such deposit being made by the appellant/The National Insurance company Limited, Puducherry, the claimants are entitled to withdraw the same, as per the apportionment made by the Tribunal, after following due process of law. (v) The appellant/National insurance company Limited is at liberty to withdraw the amount deposited by them over and above the compensation awarded by this court. 09.07.2025 Index:Yes/No Speaking/non Speaking order Neutral Case citation: yes/no rri To 1. The Motor Accident Claims Tribunal (In the IV Court of small causes, Chennai). 2. The Section Officer, V.R. Section, High Court of Madras. T.V.THAMILSELVI , J. rri 6 of 7 https://www.mhc.tn.gov.in/judis CMA No.1789 of 2024 C.M.A.No.1789 of 2024 and CMP.No.13085 of 2024 09.07.2025 7 of 7 https://www.mhc.tn.gov.in/judis