CMA No. 947 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-06-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 947 of 2025 1. SUDHA W/o.Lingadurai, res at No.4/59A, Kattuvilai, Agasteeswaram, Kaniyakumari-629701 2. LINGADURAI S/o.Appavunadar, res at No.4/59A, Kattuvilai, Agasteeswaram, Kaniyakumari-629701 3. THANGASUJITHA D/o.Lingadurai, res at No.4/59A, Kattuvilai, Agasteeswaram, Kaniyakumari-629701 4.Ponmalar (minor) D/o.Lingadurai, res at No.4/59A, Kattuvilai, Agasteeswaram, Kaniyakumari-629701 (4th minor petitioner is Rep. by her mother, Mrs.Sudha as a Natural Friend and Next Guardian) Appellant(s) https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 Vs 1. A.Murugan S/o.Arumugam, No.135, Mugilan Kudi Irupu, South Thamaraikulam, Agasteeswaram, Kaniyakumari-629704 2.Universal Sampo General Insurance Co. Ltd. No.501/626, Ground Floor, JVL Plaza, Anna Salai, Teynampet, Chennai- 600018 Respondent(s) CMA No. 947 of 2025 PRAYER To enhance the amount awarded in MCOP No.3710 of 2023 dt. 25.10.2024 on the file of Motor Accident Claims Tribunal Chennai, Chief Judge, Court of Small Causes, Chennai CMA No. 947 of 2025 For Appellant(s): U.Chithambaram For Respondent(s): M/s.B.Sivakollapan For R2 R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the amount awarded in MCOP No.3710 of 2023 dated 25.10.2024 on the file of Motor Accident Claims Tribunal Chennai, Chief Judge, Court of Small Causes, https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 Chennai (in short ''tribunal''). 2. The brief facts of the case: On 13.06.2023 at about 18.30 hours while the victim was riding a Motorcycle bearing Registration No. TN 69 AU 4888 from Kanyakumari to Manakudi from East to West direction in front of Mugilan Kudi Irupu Arulpathi Road, a TATA Ace bearing Registration No. TN 74 P 6454 while turning from South to North direction in a rash and negligent manner hit against the victim's Motorcycle. Due to the impact the victim sustained fatal injuries all over the body and died. Thereafter the claimant filed petition before the tribunal claimed a compensation of Rs.49,00,000/-. The second respondent/insurance company contested the case by filing the counter. After considering the oral and documentary evidence the tribunal awarded a sum of Rs.27,89,400/- as compensation. Challenging the quantum of compensation the claimants filed this appeal. 3. The learned counsel for the claimants submit that the deceased was working as mason earned Rs.20,000/- per month but the tribunal has fixed Rs. 17,000/- per month as income. Hence, he prays to enhance the compensation. https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 4. The learned counsel for the respondent submits that the tribunal has rightly awarded compensation which needs no interference. Hence, he prays to dismiss the appeal. 5. Considering the fact that the deceased was working as mason. Hence, this Court is inclined to fix Rs.20,000/- as notional income of the deceased. Accordingly, the claimants are entitled to Rs.30,24,000/- for loss of dependency. Except above modification, the award passed by the tribunal remain unchanged. Accordingly, the compensation is calculated as below. S.No. Heads Compensation awarded by the tribunal. Compensation awarded by this Court 1. Loss of income/dependency Rs.25,70,400/- Rs.30,24,000/- 2. Loss of estate Rs.16,500/- Rs.16,500/- 3. Loss of consortium Rs.1,76,000/- Rs.1,76,000/- 4. Funeral expenses Rs.16,500/- Rs.16,500/- 5. Transportation charges Rs.10,000/- Rs.10,000/- Total Rs.27,89,400/- Rs.32,43,000/- 6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.32,43,000/-(each respondents 1 to 3 Rs.10,00,000/- and for minor fourth respondent RS.12,45,000/-, fourth https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 respondent's amount ordered to be deposited in the Nationalised bank permitted to receive interest till she attaining majority). 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.3710 of 2023 on the file of Motor Accident Claims Tribunal Chennai, Chief Judge, Court of Small Causes, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. 7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 17-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 CMA No. 947 of 2025 To 1.A.Murugan S/o.Arumugam, No.135, Mugilan Kudi Irupu, South Thamaraikulam, Agasteeswaram, Kaniyakumari-629704 2.Universal Sampo General Insurance Co. Ltd. No.501/626, Ground Floor, JVL Plaza, Anna Salai, Teynampet, Chennai- 600018. 3. The Section Officer, V.R. Section, High Court, Madras. 4. The Motor Accident Claims Tribunal Chennai, Chief Judge, Court of Small Causes, Chennai https://www.mhc.tn.gov.in/judis CMA No. 947 of 2025 T.V.THAMILSELVI J. pbl CMA No. 947 of 2025 17-06-2025 https://www.mhc.tn.gov.in/judis