Madras High Court
S.Parthiban vs N.Rajendiran on 11 November, 2025
C.M.A.No.3274 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2025
CORAM:
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.M.A.No.3274 of 2025
1.S.Parthiban
2.P.Samuel(Minor)
(rep.by his father Parthiban as Guardian) ... Appellants
vs.
1.N.Rajendiran
2.The New India Assurance Co., Ltd.,
No.8, LIC Building,
NSC Bose Road, Parrys,
Chennai 600 001. ... Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, to enhance the compensation awarded in the Judgment and
Decree dated 06.12.2023 passed in M.C.O.P.No.968 of 2019 on the file of
the Motor Accident Claims Tribunal / III Court of Small Causes, Chennai.
For appellants : Mr.K.Balaji
For R2 : Mrs.A.Salomi
1/8
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C.M.A.No.3274 of 2025
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the claimants
against the Award dated 08.12.2023 made in M.C.O.P.No.968 of 2019
passed by the Motor Accident Claims Tribunal /III Court of Small Causes,
Chennai, for enhancement of compensation.
2. Parties are indicated herein as per their litigative status and ranking
before the Tribunal.
3.The claimants herein, who are the husband and son of the deceased
Shalom W/o.Parthiban, had filed a Claim Petition under Section 166 of the
Motor Vehicles Act, 1988, claiming compensation of Rs.50,00,000/- for the
death of said Shalom, who sustained fatal injuries in a road traffic accident
that took place on 03.11.2018.
4. The Tribunal upon consideration of the oral and documentary
evidence and after hearing the arguments advanced by either side, granted
compensation of Rs.25,85,200/- with 7.5% interest The amount awarded by
the Tribunal under various heads are tabulated hereunder :
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S.No. Description Amount awarded
by the Tribunal(Rs.)
1 For loss of dependency 24,75,200-
2 For loss of consortium 80,000/-
4 For loss of estate 15,000/-
6 For funeral expenses 15,000/-
Total Rs.25,85,200/-
5. The manner in which the accident occurred is not in dispute. The
learned counsel for the appellants/claimants would contend that the
deceased was aged about 30 years at the relevant point of time and was
working as staff nurse at Cherish Hospital,Thirumullaivoil and earning a sum
of Rs.15,000/- per month. The notional income was fixed at Rs.13,000/-
p.m, is inadequate.
6. The learned counsel appearing for the second respondent-
Insurance Company would argue that to substantiate the income details, no
document is marked. Therefore, the notional income fixed by the Tribunal at
Rs.13,000/- is reasonable and does not warrant any interference by this
Court.
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7. The date of the accident is 03.11.2018. It is the evidence of P.W1
that the deceased was working as a staff nurse at Cherish hospital,
Thirumullaivoil, and earning a sum of Rs.15,000/- per month. In order to
substantiate the said details, no document was marked. As per Ex.P.5 is
copy of Nursing Certificate of the deceased, the date of birth of the
deceased is 05.10.1988, Therefore, the age of the deceased is fixed as 30
years.
8. In consideration of the above said details, salary of the deceased is
fixed at Rs.14,000/- per month. As per the law laid down by the Hon'ble
Supreme Court in National Insurance Company Limited vs. Prenay Sethi
and Others, 2017(2) TNMAC 609 SC, the Hon'ble Supreme Court has
standardised the details of future prospects. For persons not in a permanent
job, for the age group of persons below 40 years, 40% has to be added as
future prospects while computing the monthly income of the deceased.
9. As held in Smt.Sarla varma and others vs Delhi Corporation
and another reported in 2009(2) TNMAC 1 (SC), if the claimants are three
in number, then 1/3rd has to be deducted for personal and living expenses
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and the relevant multiplier to be adopted is '17'm. For computing loss of
dependency, the following formula emerges:
Loss of dependency = [(Rs.14,000/- + 40%)-1/3x12x17
= Rs.26,65,668/-
10. As regards the other heads, the amounts granted by the Tribunal
appears to be reasonable and acceptable, and it needs no interference. The
compensation granted by the Tribunal is reworked and tabulated as
hereunder:
Award
Amount
Amount awarded confirmed or
Sl. awarded by
Description by this Court enhanced or
No. the Tribunal
(Rs.) granted or
(Rs.)
reduced
1 For Loss of 24,75,200/- 26,65,668/- enhanced
Dependency
2 For Loss of 80,000/- 80,000/- confirmed
Consortium
4 For Loss of Estate 15,000/- 15,000/- confirmed
4 For funeral expenses 15,000/- 15,000/- confirmed
Total Rs.25,85,200/- Rs.27,75,668/-
rounded off as Rs.27,76,000/-
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11. Thus, the compensation awarded by the Tribunal is enhanced from
Rs.25,85,200/- to Rs.27,76,000/- which would carry interest at the rate of
7.5% per annum.
12. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii)The Compensation awarded by the Tribunal is
enhanced from Rs.25,85,200/- to Rs.27,76,000/-
(iii)The Insurance Company / second respondent is
directed to deposit the enhanced compensation
amount now determined by this Court i.e.,
Rs.27,76,000/- (less the amount already deposited if
any) together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of
deposit, (excluding the period of default, if any) and
costs to the credit of M.C.O.P.No.968 of 2019 on the
file of Motor Accidents Claims Tribunal /III Court of
Small Causes, Chennai, within a period of eight weeks
from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the first claimant is at
liberty to withdraw the same as per apportionment
made by the Tribunal along with interest and costs
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after adjusting the amount, if any already withdrawn by
filing necessary application before the Tribunal.
v)The shares of the minor 2nd claimant shall be
deposited by the Tribunal in any one of the
nationalised Bank under re-investment scheme till he
attains majority. The 1st claimant, who is guardian of
the minor, is permitted to withdraw the accrued interest
from the deposit of the minor once in three months
directly from the said Bank. On attaining the age of
majority, the 2nd claimant may be permitted to withdraw
his share by filing suitable application before the
Tribunal.
vi)The claimants are directed to pay the Court fee for the
compensation amount, if required.
vii)The Tribunal below shall disburse the enhanced
amount upon production of the certified copy showing
proof of payment of Court fee by the claimant. There
is no order as to costs.
11.11.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
kkd
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R.KALAIMATHI,J.
kkd
To
The Motor Accidents Claims Tribunal ,
III Court of Small Causes, Chennai.
11.11.2025
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