[Cites 4, Cited by 0]
Madras High Court
R.Senthamilselvi vs M/S.R.B.S.Readymix Concrete on 9 January, 2026
Author: P.Velmurugan
Bench: P.Velmurugan
C.M.A.(MD)No.901 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 14.11.2025
Pronounced on : 09.01.2026
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.901 of 2021
1.R.Senthamilselvi
2.P.Arivalagan
3.S.P.A.Hemaltha ... Appellants / Petitioners
Vs.
1.M/s.R.B.S.Readymix Concrete,
No.1/29, Srimathi Complex,
Pudukottai Main Road,
T.V.S. Tollgate,
Tiruchirappalli-620 005.
... Respondent / 1st Respondent
2.Assistant Manager,
M/s.National Insurance Company Ltd.,
KRT Building, 1st Floor,
33, Bharadhidasan Road,
Promenade Road, Cartontment,
Trichy-620 001.
... Respondent /2nd Respondent
(In respect of R-1, Issuance of Notice is dispensed
with, as R-1 remained exparte before the Tribunal,
vide Court order dated 07.02.2022 made in C.M.A.
(MD)No.901 of 2021)
1/9
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C.M.A.(MD)No.901 of 2021
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to modify by enhancing the award passed in
and made in M.C.O.P.No.1381 of 2016 on the file of the learned Special
District Judge for MCOP cases, Tiruchirappalli, dated 07.10.2020.
For Appellant : Mr.Shangar Murali
For R-1 : Dispensed with
For R-2 : Mr.J.S.Murali
JUDGMENT
(Judgment of the Court was made by L.VICTORIA GOWRI, J.)
This Civil Miscellaneous Appeal is directed against the award
passed in M.C.O.P.No.1381 of 2016 on the file of the learned Special
District Judge for MCOP cases, Tiruchirappalli, dated 07.10.2020.
2. For the sake of convenience, the parties herein are referred as
per their ranking before the learned Tribunal.
3. The facts of the Case required for the disposal of the
appeal in nutshell are as follows:
On 23.07.2016, Dr. Ashok was returning from the temple on his
two-wheeler bearing registration No. TN 45 AU 8659. A Tata 407
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concrete mixer lorry bearing registration No. TN 45 AQ 5232 was driven
by its driver rashly and negligently, and hit the two-wheeler ridden by
Dr. Ashok. As a result of the accident, Dr. Ashok sustained multiple
injuries and was immediately taken to the Trichy Government Hospital,
where he was admitted for treatment. However, despite treatment, he
succumbed to his injuries at about 10.00 p.m. the same night. The
accident occurred on the Trichy-Chennai Bypass Road, opposite
Sangeetha Hotel, and was reported to the police. A case in Crime No.
180 of 2016 was registered under Sections 279 and 304(A) IPC. At the
time of the accident, the deceased Dr. Ashok was 25 years old and was
working as a Government doctor, earning a monthly income of Rs.
5,00,000/- (Rupees Five Lakhs only). Hence, the parents and sister of
the deceased have filed a claim petition seeking Rs. 2,00,00,000/-
(Rupees Two Crores only) as compensation with 12% interest per
annum from the owner of the vehicle and the insurer.
3. In order to prove the case of the claimants, before the learned
Tribunal, the claimants were examined as P.W-1 to P.W-3 and Exhibits
P-1 to P-21 were marked. R.W-1 was examined and Ex.R-1 and Ex.R-2
were marked on the side of the respondents. Two Court documents were
marked.
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4. Upon considering the oral and documentary evidence, the
learned Tribunal had come to the conclusion that the accident had
occurred solely due to the rash and negligent driving of the driver of the
1st respondent. Based on the oral and documentary evidence let in
before the learned Tribunal, an amount of Rs.71,83,356/- (Rupees
Seventy-One Lakhs Eighty-Three Thousand Three Hundred and Fifty-
Six only) has been awarded towards compensation and the 2nd
respondent Insurance company was directed to pay compensation0
along with 7.5% interest per annum including Advocate fee of Rs.
1,50,185/- (Rupees One Lakh Fifty Thousand One Hundred and Eighty
Five only) from the date of the impugned order within a period of two (2)
months from the date of the said order. Assailing the same, the
appellant is before this Court.
5. The learned counsel appearing for the appellants contend that
the learned Tribunal's judgment and decree are contrary to law,
evidence, and probabilities, and would lead to a failure of justice. He
argued that the learned Tribunal overlooked the deceased's
qualifications, career prospects, and salary as a primary health duty
doctor, supported by 21 documents and oral evidence. He further
argued that the learned Trial Court overlooked crucial facts about the
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deceased's career prospects, including his selection for M.D.
(Anesthesia) and his pursuit of becoming a cardiologist. The appellants
claimed the learned tribunal erred in limiting future prospects to 50%,
citing the Hon'ble Apex Court's decision in Sarla Verma vs Delhi
Transport Corporation, which considers future prospects for
individuals with stable jobs. Hence, The learned counsel appearing for
the appellants claim the compensation awarded is inadequate and seek
to justify their claim of Rs. 2,00,00,000/- (Two Crores).
6. Per contra, the learned counsel appearing for the 2 nd
respondent would submit that the learned Tribunal, after analyzing the
age, avocation, and dependency of the family members, had rightly
come to the conclusion and had awarded compensation as stated above,
which are found to be just and reasonable and hence, prays for
dismissal.
7. We have considered the rival submissions and perused the
materials available on record.
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8. A careful perusal of the materials available on record would
reveal that the learned Tribunal has awarded a sum of Rs.30,000/-
(Rupees Thirty Thousand only) each towards filial consortium, which is
meagre. Hence, it is modified as Rs.40,000/- (Rupees Forty Thousand
only) each. Therefore, a sum of Rs.1,20,000/- (Rupees One Lakh
Twenty Thousand only), is awarded as a compensation for loss of filial
consortium.
9. Considering all the above circumstances, the award passed by
the Tribunal is modified as follows:
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S. Description Amount Amount Award
awarded by the awarded by this confirmed
No.
Tribunal Court or
enhanced
Rs. Rs.
1. Loss of Rs.70,66,356/- Rs.70,66,356/- confirmed
dependency
2. Transport Rs. 7,000/- Rs. 7,000/- confirmed
expenses
3. Filial Rs. 90,000/- Rs. 1,20,000/- enhanced
consortium
Rs.30,000 each
= Rs.30,000 x 3
4. Funeral Rs. 10,000/- Rs. 10,000/- confirmed
expenses
5. Loss of estate Rs. 10,000/- Rs. 10,000/- confirmed
Total Rs.71,83,356/- Rs.72,13,356/- enhanced
10. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.71,83,356/-
(Rupees Seventy-One Lakhs Eighty-Three Thousand Three Hundred and
Fifty-Six only) is hereby enhanced to Rs.72,13,356/- (Rupees Seventy
Two Lakhs Thirteen Thousand Three Hundred and Fifty-Six only).
11. The 2nd respondent / Insurance Company is directed to
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deposit the compensation amount awarded by this Court with accrued
interest and costs to the credit of M.C.O.P.No.1381 of 2016 on the file of
the learned Special District Judge for MCOP cases, Tiruchirappalli,
within a period of eight weeks (8) from the date of receipt of copy of this
judgment, less the amount, if any already deposited. On such deposit,
the claimants are permitted to withdraw the said amount, less the
amount, if any already withdrawn, by making necessary application
before the Tribunal. The appellant is directed to pay the necessary
Court fee on the enhanced compensation, if any. No costs.
[P.V.,J.] [L.V.G.,J.]
09.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
Sml
To
The Special District Judge for MCOP cases,
Tiruchirappalli.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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P.VELMURUGAN, J.,
AND
L.VICTORIA GOWRI, J.,
Sml
09.01.2026
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