CMA No. 2118 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-06-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA Nos. 2118 & 2416 of 2024 AND CMP NO. 16223 OF 2024 1. The Manager M/s. ICICI LOMBARD GENERAL INSURANCE CO.LTD. No. 142, ECR Main Road (Near Latha Street House) Kottapalayam, Puducherry 605 008 Appellant(s) Vs 1. VENKATAMMAL W/o. Late. Murugan, No. 2/98, Perumal Kovil St, BCN Kandigai Colony, Kasavarajapettai Post, Tiruttani Taluk, Thiruvallur District 631 211 2.Yasoda W/o. Late. Murugan, No. 1/30, Pillaiyar Kovil St, Periyakadambur Village, Tiruttani Taluk, Thiruvallur District 3.M.Balaji S/o. Late. Murugan, No. 2/98, Perumal Kovil St, BCN Kandigai Colony, https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 Kasavarajapettai Post, Tiruttani Taluk, Thiruvallur District 631 211 4.M.Babu S/o. Mohan, No.5, Bajanai Koil St, Sirukalambur, Vellore Dist. 632 011 Respondent(s) CMA No. 2416 of 2024 1. VENKATAMMAL W/o. Late Murugan, No.2/98, Perumal Kovil street, BCN kandigai Colony, Kasavarajapaettai Post, Tirutani Taluk, Thiruvallur District-631 211 2.Yasoda D/o. late Murugan, No.1/30, pillayar Kovil Street, Periyakkadambur Village, Tiruatani Taluk, Thiruvallur District 3.M Balaji s/o. late Murugan, No.2/98, Perumal Kovil Street, BCN Kandigai Colony, Kasavarajapettai Post, Tiruatani Thiruvallur District-631 211 Appellant(s) Vs 1. M.Babu S/o. Mohan, No.5, Bajanai Kovil Street, Sirukalambur, Vellore District-632 011 2.The Manager, ICICI Lombard General Insurance Co.Ltd., No.142, https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 ECR Main Road, (Near latha Street House), Kottapalayam, Pudhucherry- 605 008 Respondent(s) CMA No. 2118 of 2024 PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, prays to set aside the Judgement and Decree dated 18.04.2024 passed in M.C.O.P. No. 45 of 2023 by the learned Motor Accidents Claims Tribunal (No.1, SPECIAL DISTRICT COURT) at Thiruvallur. CMA No. 2416 of 2024 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, prays to allow appeal Tand to nhance the amount awarded in MCOP.No.45/2023 on the file of the Motor accident Claims TCribuanl(In the No.1, Special District Court, Thiruvallur) as prayed for with interest and cost. CMA No. 2118 of 2024 For Appellant(s): Mr.J.Maichael Visuvasan For Mr.R.V.Sivaraj For Respondent(s): Mr.U.Chidambaram For R1 To R4 CMA No. 2416 of 2024 For Appellant(s): Mr.U.Chidambaram For Respondent(s): Mr.J.Maichael Visuvasan For Mr.R.V.Sivaraj for R2 R1 No such person. https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 JUDGEMENT Both the claimants and the Insurance Company have preferred these Civil Miscellaneous appeals. 2. The learned counsel for the Insurance Company submitted that, while fixing the age of the deceased, the Tribunal failed to properly consider the Aadhar card (Ex.A9) relied upon by the claimants and erroneously fixed the age of the deceased as 55 years. Considering the age of the son of the deceased, who was shown as 41 years, it was contended that the deceased must have been married at the age of 14 years. Hence, he prayed for modification of the age of the deceased by relying upon Ex.A9 – Aadhar card. 3. The learned counsel for the claimants raised an objection stating that, as per the post-mortem report, the age of the deceased was approximately mentioned as 55 years, which was rightly taken into account by the Tribunal. https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 4. However, considering the fact that the son of the deceased is aged 41 years, and as rightly pointed out by the learned counsel for the appellant/Insurance Company, the deceased could not have been 55 years. Therefore, the age of the deceased is fixed at 63 years by relying on Ex.A9 – Aadhar card, and the finding of the Tribunal in this regard stands modified. Furthermore, while assessing compensation, the Tribunal failed to consider that the sons and daughters of the deceased were already married. Instead of making a 1/3rd deduction, a deduction of ½ ought to have been made. To that extent, the objection raised by the Insurance Company is found sustainable. 5. The claimants also preferred CMA No.2416 of 2024, wherein the learned counsel submitted that the accident took place in the year 2023, but the Tribunal erroneously fixed the notional income at only Rs.11,000/-, without considering the cost of living. Hence, he prayed for enhancement of the income of the deceased. https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 6. Considering the year of accident and the age of the deceased, this Court is inclined to fix the notional income of the deceased at Rs.15,000/- per month. After making a deduction of ½ towards personal expenses, and applying the appropriate multiplier of 7, the compensation is accordingly recalculated. 7. Calculation: • Notional Income = Rs. 15,000/- • Future Prospects (10%) = Rs. 15,000 + Rs. 1,500 = Rs. 16,500/- • After 1/2 deduction = Rs. 16,500 - Rs. 8,250 = Rs. 8,250/- Loss of dependency = Rs. 8,250 × 12m × 7 = Rs. 6,93,000/- 8. The following tabular column sets out the amounts awarded by the Tribunal and the recalculated amounts awarded by this Court under various heads: Sl. No Heads Amount awarded by the Tribunal (Rs.) Amount awarded by the High Court (Rs.) 1. Loss of dependency 10,64,844 6,93,000 2. Loss of Estate 16,500 16,500 3. Loss of Consortium 1,32,000 1,32,000 4. Funeral Expenses 16,500 16,500 Total 12,29,844 8,58,000 https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 Thus, the compensation awarded by the Tribunal is reduced from Rs.12,29,844/- to Rs.8,58,000/-, which shall carry interest at the rate of 7.5% per annum. 9. In the result: i. CMA.No.2118 of 2024, filed by the Insurance company is partly allowed and consequently, CMA.No.2416 of 2024 filed by the claimants is dismissed. There shall be no order as to costs. ii. The compensation awarded by the Tribunal is reduced from Rs.12,29,844/- to Rs.8,58,000/-. iii. The insurance company / ICICI Lombard General Insurance, Kottapalayam, Puducherry, is directed to deposit the compensation amount fixed by this Court, of Rs.8,58,000/- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.C.O.P. No. 45 of 2023 on the file of the Motor Accidents Claims Tribunal (No.1, SPECIAL https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 DISTRICT COURT) at Thiruvallur, within a period of four weeks from the date of receipt or uploading of a copy of this order. iv. On such deposit being made by the insurance company, the claimants are at liberty to withdraw the same, as per the apportionment made by the Tribunal, after following due process of law. v. The claimants shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 26-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 To 1.The Motor accident Claims Tribuanl (In the No.1, Special District Court, Thiruvallur. 2.The Section officer, VR section, High Court of Madras. 3.The Manager, ICICI Lombard General Insurance Co.Ltd., No.142, ECR Main Road, (Near latha Street House), Kottapalayam, Pudhucherry-605 008 https://www.mhc.tn.gov.in/judis CMA No. 2118 of 2024 T.V.THAMILSELVI J. rri CMA No. 2118 of 2024 AND CMP NO. 16223 OF 2024,CMA NO. 2416 OF 2024 26-06-2025 https://www.mhc.tn.gov.in/judis