Madras High Court
G.Aravinth vs Kalyanasundaram on 28 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
2025:MHC:595
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MS. JUSTICE R.POORNIMA
C.M.A(MD)No.89 of 2019
1.G.Aravinth
2.M.Ananthi ... Appellants/Petitioners
.Vs.
1.Kalyanasundaram
2.The Manger,
Royal Sundaram Insurance Company Limited,
IInd Floor, Lingu Chetty Street,
Parrys Corner,
Goerge Town,
Chennai.
3.A.Vishwanath Gowtham Reddy
4.The Manager,
IFFCO Tokyo General Insurance Company Limited,
New No.28, Second Floor,
North Usman Road,
T.Nagar,
Chennai – 600 017. ... Respondents/Respondents
1/7
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PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree made in M.C.O.P.No.1211 of 2026,
dated 12.09.2018, on the file of the Motor Accidents Claims Tribunal/Special
Sub-Court, Thanjavur.
For Appellant : Mr.N.Tamilmani
for M/s.N.Ilango
For Respondents :Given up
1 and 3
For Respondent-2 :Mr.S.Srinivasa Raghavan
For Respondent-4 :Mr.V.Sakthivel
JUDGMENT
DR.G.JAYACHANDRAN., J
AND
R.POORNIMA.,J
The Civil Miscellaneous Appeal is directed against the judgment and
decree made in M.C.O.P.No.1211 of 2026, dated 12.09.2018, on the file of the
Motor Accidents Claims Tribunal/Special Sub-Court, Thanjavur.
2.Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
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3.The above appeal is filed by the claimants questioning the compensation
awarded without taking into account the loss of love and affection of the
claimants, who lost their only son and also on fixation of notional income of Rs.
10,000/- for a medical college student, aged 23 years, who had a bright prospect.
Further, reduction of 50% towards contributory negligence was also questioned.
4.The learned counsel for the second respondent/Insurance Company
would submit that evidence of the witness clearly show that the motor accident
victim had driven his two wheeler rash and negligently, overtook the passer bike
and dashed against the car without proper diligence. Though there are two
conflicting testimony on either side regarding negligence, this Court finds that
the reasoning of the Tribunal holding that there was contributory negligence on
either side equally and fix 50% contributory negligence on the part of the victim.
As far as notional income is concerned, taken into account the fact that the victim
was pursuing MBBS and therefore the notional income has to be fixed at Rs.
12,000/-p.m with proportionate future prospectus. By taking the notional income
of the deceased at Rs.12,000/- and by adding future prospects at 40% for a
deceased bachelor, the monthly income comes to Rs.16,800/-(Rs.12,000/-+Rs.
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4,800/-). By deducting personal expenses of the deceased at 50%, the monthly
income comes to Rs.8400/- and the annual income comes to Rs.1,00,800/- and by
adopting multiplier of ‘18’ for the age group of the deceased, the total loss of
dependency is arrived at Rs.18,14,400/-(Rs.1,00,800 x18).The award of the
Tribunal is modified to that effect with compensation for loss of love and
affection at Rs.40,000/- each for the two claimants. The award under other heads
stand confirmed.The modified award amount is as follows:
S.No Name of the heads Awarded by Awarded by Remarks
the Tribunal this Court
1 For loss of Rs. Rs. enhanced
dependency 15,12,000/- 18,14,400/-
2 For medical Rs.45,699/- Rs.45,699/- same
expenses
3 For loss of love and Nil Rs.80,000- Not awarded
affection (Rs.40,000/-
each for two
claimants
For loss of Nil Nil Same
consortium
5 For loss of estate Rs.15,000/- Rs.15,000/- same
each
6 For funeral Rs.15,000/- Rs.15,000/- Same
expenses
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7 Total Rs.Rs. Rs. enhanced
15,88,699/- 18,80,099/-
50% - rounded off to
Rs.7,94,350/- Rs.
18,80,100/-
50%
Rs.9,40,050/-
The second appellant/mother is entitled to a sum of Rs.9.40,050/- as
compensation with interest at the rate of 7.5% p.a from the date of claim petition
till the date of deposit. The claim petition in respect of first appellant is already
dismissed by the trial Court and the same stand confirmed
5.In the result, the Civil Miscellaneous Appeal is partly allowed by
enhancing the compensation from Rs.7,94,350/- to Rs.9,40,050/- with interest at
the rate of 7.5% pa from the date of claim petition till the date of deposit. The
second respondent Insurance Company is directed to deposit the award amount,
less the award amount, if any already deposited, to the credit of claim petition
before the Tribunal within a period of eight weeks from the date of receipt of a
copy of this order. On such deposit being made, the first appellant/mother is
permitted to withdraw the award amount with accrued interest and costs, less the
award amount if any already withdrawn, by filing necessary application before
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the Tribunal. The appeal in respect of the second appellant is dismissed. No costs.
[G.J.,J.] [R.P.,J.]
28.02.2025
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
The Special Sub-Judge,
(The Motor Accidents Claims Tribunal),
Thanjavur.
Copy to
The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA,J.
vsn
JUDGMENT MADE IN
28.02.2025
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