Bayrappa vs /9
2025 Latest Caselaw 1241 Mad

Citation : 2025 Latest Caselaw 1241 Mad
Judgement Date : 9 June, 2025

Madras High Court

Bayrappa vs /9 on 9 June, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

CMA No. 2965 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

CMA No. 2965 of 2023

1. BAYRAPPA
S/o. Nethappa D.No.21,2/18-1,
Kothapalli Village, Binnamangalam
Post, Denkanikottai Taluk, Krishnagiri
Dist. and 2 Others

2. Kanthamma
D/o. Bayrappa D.No.21,2/18-1,
Kothapalli Village, Binnamangalam
Post, Denkanikottai Taluk, Krishnagiri
Dist.

3. Manjula
D/o. Bayrappa D.No.21,2/18-1,
Kothapalli Village, Binnamangalam
Post, Denkanikottai Taluk, Krishnagiri
Dist.

Appellant(s)

1/9

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CMA No. 2965 of 2023

1. SMA Transports
Rep by its Proprietor Attibele Anekal
TK, Bangalore 562107, Karnataka

2.The General Manager
The Oriental Insurance Co.Ltd.
No.7, Rosy Towers, 2nd Floor,
Nungambakkam High Road,
Nungambakkam, Chennai 034.

Respondent(s)

PRAYER :- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles

Act, praying to enhance the compensation amount and fix the entire liability on

the 2nd respondent made in Judgment and decree dated 13-04-2022 made in

MCOP.No.56/2020 on the file of the Motor Accident Claims Tribunal and

Additional District Judge, Hosur.

For Appellants: Mr. S.P.Yuaraj

For Respondents: Mrs.R.Sree Vidhya For R2
R1 – Dispensed with

JUDGMENT

Challenging the impugned award passed by the tribunal in MCOP.No.56

of 2020, the petitioners have preferred this Civil Miscellaneous Appeal seeking

for enhancement of compensation.

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2. The claimants are father and sisters of deceased. The case of the

claimants is that on 09.07.2019 at about 13.15 hours, the petitioner's son was

riding his two wheeler bearing Regn. No. TN-70 K-5077 in Bagalore to Hosur

Road. While nearing Liberty show room, the driver of Tipper Lorry bearing

Regn. No. KA-59-0947 drove it in a rash and negligent manner without any

signal or sound in the opposite direction from Hosur towards Bagalore, dashed

the petitioner's two wheeler and caused an accident. Due to which, the deceased

sustained fatal injuries, for which he underwent treatment in the hospital, but he

died inspite of treatment. Under these circumstances, the claim petition came to

be filed before the Tribunal seeking for payment of compensation of

Rs.40,00,000/-.

3.The Tribunal on considering the facts and circumstances of the case and

on appreciation of oral and documentary evidence, came to a conclusion that the

accident had taken place only due to the rash and negligent driving on the part

of the rider of the 1st respondent. Having come to such a conclusion, the

Tribunal fixed the total compensation payable at Rs.9,36,792/- under various

heads as follows:

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S.No Compensation awarded under Amount the head (in Rs.)

1. Compensation for loss of 10,75,200 dependency after multiplier of '16' is applied (As per Sarala Varma case)

2. Parental consortium (1st petitioner) 40,000

3. Transportation 5,000

4. Funeral expenses 15,000

5. Loss of estate 15,000

6. Medical expenses 20,790 Total compensation awarded (by 11,70,990 adding Sl. Nos. 1 to 6) Less :- 20% towards contributory 2,34,198 negligence Net Compensation 9,36,792

4.The above compensation was directed to be paid with interest at the rate

of 7.5% per annum.

5. The learned counsel for appellants would argue that the accident was

happened in the year 2019, but without considering the cost of living at that

time, the tribunal had fixed the notional income as Rs.8000/-. Hence, they

prayed for enhancement of compensation.

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6. The learned counsel for 2nd respondent raised objections stating that the

deceased was a Bachelor and since there is no income earned by him, the

Tribunal had rightly fixed the notional income as Rs.8000/-, which needs no

interference.

7. Heard rival submissions of both learned counsel for appellants and

respondents and perused the materials available on record.

8. On seeing the facts, it reveals that the accident was happened in the

year 2019, even per day the income is to be considered as a sum of Rs.500/-, he

would have earned Rs.15,000/-. Therefore, this Court is inclined to enhance the

notional income of the deceased Nagaraj from Rs.8000/- to Rs.15000/-. The

compensation that has been fixed under the other heads are reasonable and does

not require the interference of this Court.

9.In the light of the above discussion, the compensation awarded by the

tribunal is modified as follows:

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S.No Compensation awarded under Amount the head (in Rs.)

1. Compensation for loss of 20,16,000 dependency after multiplier of '16' is applied (As per Sarala Varma case) Rs.15000/- (add 40% future prospects) = 15000 + 6000 =21000 21000 (less 50% deduction) 21000-10500= 10500 10500 x 12 x 16 (multiplier) = 20,16,000 st

2. Parental consortium (1 petitioner) 40,000

3. Transportation 5,000

4. Funeral expenses 15,000

5. Loss of estate 15,000

6. Medical expenses 20,790 Total compensation awarded (by 21,11,790 adding Sl. Nos. 1 to 6) Less :- 20% towards contributory 4,22,358 negligence Net Compensation 16,89,432 Rounded of 16,89,440

10. Accordingly, the compensation awarded by the tribunal at

Rs.9,36,792/- is enhanced to Rs.16,89,440/-. Insofar as the enhanced

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compensation is concerned, the deficit court fee, if not paid, shall be paid by the

claimants. The other directions issued by the Tribunal with regard to the mode

of payment of compensation remains unaltered. The second respondent

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 eight weeks from the

date of receipt of this judgment.

11.In the result, the Civil Miscellaneous Appeal is partly allowed. No

costs. Consequently, connected miscellaneous petition is closed.