CMA.No.2229 of 2025 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2229 of 2025 1. Mrs.Kanaga, W/o. Viji @ Vijayakumar, No.36, Thiruveethiamman Koil Street, Kalikundram, Tharamani, Chennai -600 113. 2. Mrs.Suriya, W/o. Ranjith, No.36, Thiruveethiamman Koil Street, Kalikundram, Tharamani, Chennai -600 113. 3. V.Suresh, S/o. Viji @ Vijayakumar, No.36, Thiruveethiamman Koil Street, Kalikundram, Tharamani, Chennai -600 113. 4. V.Surendhar, S/o. Viji @ Vijayakumar, No.36, Thiruveethiamman Koil Street, Kalikundram, Tharamani, Chennai -600 113. ...Appellants Vs 1. R.V.Lenin, S/o. R.Vijayakumar, No.1/1, Thiruveethiamman Koil Street, Tharamani, Chennai -600 113. 2. SBI General Insurance Company Ltd., Ground and Mezzanine Floors, Greams https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page2 of 8 Dugar, New No.64, Old No.149, Greams Road, Chennai -600 006. ...Respondents APPEAL under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 08.12.2023 in MCOP.No. 2707 of 2017 on the file of Motor Accident Claims Tribunal, Special Sub Judge-II, Court of Small Causes, Chennai. For Appellants: Mr.U.Chithambaram For Respondents: Mr.Suresh Srinivasan for R2 R1 – No appearance JUDGMENT This appeal has been filed by the appellants – claimants against the award dated 08.12.2023 made in MCOP.No.2707 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Judge-II, Court of Small Causes, Chennai (for short, the Tribunal below) wherein they are claiming for enhancement of compensation. 2. Heard the learned counsel for the appellants and the learned counsel appearing for the second respondent – Insurance Company. https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page3 of 8 3. The first appellant – first claimant is the wife; the second appellant – second claimant is the daughter; appellants 3 and 4 – claimants 3 and 4 are the sons of one Mr.Viji (a) Vijayakumar (since deceased). 4. The case of the appellants – claimants is as follows: (i) On 30.3.2017, the said Mr.Viji (a) Vijayakumar was standing along with another – one Mr.BA.Murthy at left side of Thiruveethiamman Koil Street and at about 10.50 PM, the offending vehicle, which was a car, was driven in a rash and negligent manner and dashed against both of them, as a result of which, the said Mr.Viji (a) Vijayakumar sustained a serious head injury and he died on 01.4.2017. The said Mr.BA.Murthy sustained grievous injuries in this accident. It was under those circumstances, the claim petition came to be filed before the Tribunal below. (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 had taken place only due to the rash and negligent driving by the driver https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page4 of 8 of the offending vehicle. (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 dependency Rs.14,17,500/- 2 Loss of consortium Rs. 1,60,000/- (4 X Rs.40,000/-) 3 Loss of estate Rs. 15,000/- 4 Funeral expenses Rs. 15,000/- 5 Medical bills ------ Total Rs.16,07,500/- (iv) The above total compensation amount was directed to be paid by the second respondent – Insurance Company at the rate of 7.5% per annum from the date of petition till date of payment. Aggrieved by that, the appellants – claimants are before this Court. 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 bone of contention is regarding the notional monthly income fixed by the Tribunal below while calculating the compensation under the head ‘loss of dependency’. https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page5 of 8 7. The Tribunal below fixed the notional monthly income of the deceased at Rs.9,000/- per month. The accident occurred in the year 2017 and the deceased left behind him his wife and three children. In the considered view of this Court, the notional monthly income fixed by the Tribunal below is on the lower side. Accordingly, this Court is inclined to fix the notional monthly income at Rs.15,000/-. Hence, the compensation under the head ‘loss of dependency’ is calculated as follows: “Total monthly income : Rs.15,000/- + Rs.3,750/- (25% future prospects of Rs.15,000/-) = Rs.18,750/-; Annual income of the deceased : Rs.18,750/- X 12 = Rs.2,25,000/-; After deduction of 1/4th towards personal & living expenses, the amount comes to Rs.1,68,750/- [Rs.2,25,000/- - Rs.56,250/-]; If 14 is applied as the multiplier, the compensation under the head ‘loss of dependency’ comes to Rs.23,62,500/- (Rs.1,68,750/- X 14)”. 8. The compensation fixed under the other heads is reasonable and does not require the interference of this Court. https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page6 of 8 9. Accordingly, the civil miscellaneous appeal is partly allowed and the award dated 08.12.2023 made in MCOP.No.2707 of 2017 on the file of the Tribunal below is modified in the following manner: S.No. Head Amount awarded by the Tribunal below Amount awarded by this Court in this appeal 1 Loss of dependency Rs.14,17,500/- Rs.23,62,500/- 2 Loss of consortium Rs. 1,60,000/- (4 X Rs.40,000/-) Rs. 1,60,000/- 3 Loss of estate Rs. 15,000/- Rs. 15,000/- 4 Funeral expenses Rs. 15,000/- Rs. 15,000/- 5 Medical bills ------ ------ Total Rs.16,07,500/- Rs.25,52,000/- The above total compensation amount of Rs.25,52,500/- is directed to be deposited by the second respondent – Insurance Company together with interest at the rate of 7.5% per annum from the date of claim petition till the date of payment within six weeks from the date of receipt of a copy of this judgment. The appellants – claimants will not be entitled to interest for the delayed period of 335 days in filing the appeal as per the order of this Court dated 22.7.2025 in CMP.No.9429 of 2025. No costs. 16-07-2026 https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page7 of 8 To 1. The Motor Accident Claims Tribunal/ Special Sub-Court-II, Court of Small Causes, Chennai. 2. SBI General Insurance Company Ltd., Ground and Mezzanine Floors, Greams Dugar, New No.64, Old No.149, Greams Road, Chennai -600 006. RS https://www.mhc.tn.gov.in/judis CMA.No.2229 of 2025 __________ Page8 of 8 N.ANAND VENKATESH,J RS C.M.A.No.2229 of 2025 16-07-2026 https://www.mhc.tn.gov.in/judis