CMA No. 1792 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA No. 1792 of 2026 1. J.Revathi W/o. Late. Janakiraman, No.340, Thalaiyari Street, Naiveli Village, Kannigaipair, Uthukottai Taluk, Thiruvallur District. 2. J. Sruthi D/o. Late. Janakiraman, No.340, Thalaiyari Street, Naiveli Village, Kannigaipair, Uthukottai Taluk, Thiruvallur District. 3. J.Sunil S/o. Late. Janakiraman, No.340, Thalaiyari Street, Naiveli Village, Kannigaipair, Uthukottai Taluk, Thiruvallur District. 4. Sarasu W/o. Late.Dhanapal, No.340, Thalaiyari Street, Naiveli Village, Kannigaipair, Uthukottai Taluk, Thiruvallur District. ..Appellant(s) Vs 1. Sheng Long Biotech India Pvt Ltd https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page2 of 8 Plot No.A-11/1, Part A Sipcot Industrial Park, Thiruvallur - 601 202. 2. The United India Insurance Co. Ltd MTP Hub, 1st Floor, 43/397, “A”, Annai Indira Gandhi Street, Rajajipuram Part -2, Thiruvallur - 602 001. ..Respondent(s) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the award against the Judgment and decree 20.09.2024 and made in M.A.C.T.O.P.No.42 of 2023 in the Court of the Motor Accident Claims Tribunal, No.1, Special District Court, Thiruvallur and thus render justice. For Appellant(s): Mr.U.Balaji For Respondent(s): M/s.S.Dhakshnamoorthy For R2 Judgment This Civil Miscellaneous Appeal has been filed by the claimants challenging the award passed by the Motor Accident Claims Tribunal No.1, Special District Court, Thiruvallur, in M.A.C.T.O.P No..42 of 2023 dated 20.09.2024 wherein the claimants are seeking for enhancement of compensation fixed by the Tribunal. https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page3 of 8 2. The 1st claimant is the wife, the 2nd claimant is the daughter, the 3rd claimant is the Son and the 4th claimant is the mother of the deceased Janakiraman. The case of the claimants is that the deceased was travelling on a two wheeler on 06.03.2023 as a pillion rider from Periyapalayam to Gummudipoondi Road and at about 5.30 a.m, when the vehicle was nearing Kannigaipair village, the offending vehicle which was a car, came from behind, was driven in a rash and negligent manner and hit the two wheeler. As a result of which, the deceased sustained grievous injuries and he ultimately succumbed to the injuries at the hospital on 07.03.2023. It is under these circumstances, the claim petition came to be filed by the claimants before the Tribunal seeking for compensation. 3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to the conclusion that the accident had taken place solely due to the rash and negligent driving on the part of the driver of the car. 4. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.22,56,500/- under various heads as follows :- Sl.No. Compensation awarded under the head Amount (in Rs.) 1. Loss of dependency Rs.20,47,500/- https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page4 of 8 2. Loss of estate Rs. 16,500/- 3. Loss of Consortium Rs.1,76,000/- 4. Funeral Expenses Rs.16,500/- Total Rs.22,56,500/- 5. The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, the claimants have filed this Appeal seeking for enhancement of compensation. 6. Heard Mr.U.Balaji, learned counsel for appellants/claimants and Mr.S.Dhakshinamoorthy, learned counsel for 2nd respondent. 7. This Court has carefully considered the submissions made on either side and the materials available on record. 8. This Court has also carefully went through the award passed by the Tribunal. 9. The main ground urged by the appellants is with regard to the compensation that was fixed under the head of loss of dependency. The accident had taken place in the year 2023 and the deceased at the time of accident was aged about 44 years. The claimants are the wife, two children and the mother of the deceased. The Tribunal fixed the notional monthly income at Rs.13,000/- which is certainly on the lower side. This Court is inclined to enhance the same https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page5 of 8 to Rs.20,000/-. Accordingly, the compensation under the head of loss of dependency is calculated as follows :- Monthly Income : Rs. 20,000/- Add:25% future prospects : Rs. 5,000/- ------------------ Rs. 25,000/- Less: Personal expenses (1/4) : Rs. 6,250/- ------------------ Rs. 18,750/- x 12 ------------------ Annual income : Rs. 2,25,000/- Multiplier : x 14 ------------------ Loss of income : Rs.31,50,000/- ------------------ 10. Insofar as the compensation that has been awarded under the other heads are concerned, this Court finds the same to be just and reasonable and therefore, it does not require the interference of this Court. 11. In the light of the above discussion, this Court modifies the compensation in the following manner: https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page6 of 8 Sl.No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1. Loss of dependency Rs.20,47,500/- Rs.31,50,000/- 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/- Total Rs.22,56,500/- Rs.33,59,000 12. In view of the above, the compensation awarded by the Tribunal at Rs.22,56,500/- is enhanced to Rs.33,59,000/-. The Insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation of Rs.11,02,500/- is concerned, the appellants/claimants will not be entitled for interest for the period of delay of 160 days as was ordered by this Court in C.M.P.No.17780 of 2025, dated 08.06.2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page7 of 8 13. In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs. 03-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Motor Accident Claims Tribunal, No.1, Special District Court, Thiruvallur https://www.mhc.tn.gov.in/judis CMA No. 1792 of 2026 __________ Page8 of 8 N.ANAND VENKATESH J. RKA CMA No. 1792 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis