[Cites 1, Cited by 0]
Madras High Court
Muneer Basha vs The Commissioner on 7 January, 2026
C.M.A.No.3644 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2026
CORAM :
THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI
C.M.A.No.3644 of 2025
1. Muneer Basha
2. Parveen Begum ... Appellants
Versus
1. The Commissioner,
Corporation of Chennai,
Ribbon Buildings, Chennai – 600 003.
(was set ex-parte in the trial Court).
2. New India Assurance Co. Ltd.,
Motor Third Party Claims HUB,
Bombay Mutual Buildings, 6th Floor
No.232, N.S.C. Bose Road, Chennai – 600 001.
... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the order made in M.C.O.P.No.569 of 2023,
dated 07.03.2025, on the file of the III Court, Motor Accident Claims
Tribunal (Court of Small Cause, Chennai).
For Appellants : Ms. P.T. Saleem Fathima
for M/s. Elagovan Law Associates
For R1 : Mr. D.B.R. Prabhu,
Standing Counsel.
For R2 : Mr. J. Chandran.
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C.M.A.No.3644 of 2025
JUDGMENT
This Civil Miscellaneous Appeal is directed as against the award of
the III Court, Motor Accident Claims Tribunal (Court of Small Cause,
Chennai) in M.C.O.P.No.569 of 2023, dated 07.03.2025.
2. Briefly stated, on 18.12.2022, at about 9:15 hours, the deceased,
Sadik Basha, was riding his motor cycle bearing Reg.No.TN 05 CF 9196,
at Egmore PCO Road, near Police Hospital, Egmore, Chennai – 600 008.
At that time, a garbage lorry bearing Reg.No.TN 22 CF 6138 came in the
same direction in a very high speed, driven in a rash and negligent
manner, endangering public safety and dashed against the deceased, due
to which he sustained severe crush injury and died on the spot. The
deceased, Sadik Basha was aged about 22 years at the time of the
accident. He was working as a Project Assistant at Progressive Business
Partnership and was earning a sum of Rs. 20,000/- per month.
3. The claimants are the mother and father of the deceased, who
filed a claim petition before the Claims Tribunal. A sum of
Rs.50,00,000/- was claimed as compensation. The Tribunal has fixed the
income of the deceased as Rs.16,000/- per month, while the deceased was
earning Rs.20,000/- per month. Challenging the said award, the
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appellants are before this Court.
4.The learned counsel for the 2nd respondent/Insurance Company
has submitted that the accident had not been caused due to any
negligence on the part of the garbage lorry, therefore, respondents are not
liable for payment of any compensation to the appellant. The learned
counsel would further submit that the Tribunal rightly fixed the notional
income of the deceased at Rs.16,000/- which warrants any interference
by this Court.
5. Heard both sides. Records perused.
6. Considering the facts and circumstances of the case, the year of
accident and the plight of the claimants, this Court deems it fit to fix the
notional income of the deceased as Rs.21,000/- per month and add
40% to the future prospects making the total compensation towards loss
of income and 50% deduction made from notional income is at Rs.
31,75,200/- (21,000 X 40/100 X 50/100 X 12 X 18 ).
8. Therefore, this Court finds it reasonable to enhance the
compensation under the various heads, which are as follows:
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S.No. Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs.) (Rs.) granted
1. Loss of Dependency 24,19,200 31,75,200 Enhanced
2. Loss of Consortium 80,000 88,000 Enhanced
(44,000 X 2)
3. Loss of Estate 16,500 16,500 Confirmed
4. Funeral Expenses 16,500 16,500 Confirmed
TOTAL 25,32,200/- 32,96,200/- Enhanced by
Rs.7,64,000/-
9. As a result of the aforesaid discussion,
(i) the present appeal is partly allowed and it is held that the
appellants shall be entitled to a compensation of Rs.32,96,200/- along
with interest at the rate of 7.5% per annum from the date of claim petition
till the realization of the compensation.
(ii) The respondent/Corporation is directed to pay the above said
compensation amount now determined by this Court to the appellants
along with interest and costs, less the amount already deposited, if any,
within a period of twelve (12) weeks from the date of receipt of copy of
this judgment.
(iii) On such deposit, the appellants are permitted to withdraw
their share as per the apportionment made by the Tribunal along with
interest and cost, less the amount already withdrawn, if any.
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07.01.2026
vsn
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The III Judge,(Court of Small Cause,
The Motor Vehicle Accident Tribunal,
Chennai
2.The Section Officer,
VR Section, High Court, Madras.
K.GOVINDARAJAN THILAKAVADI,J.
vsn
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07.01.2026
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