Authority: Madras High Court
Order Date: 15 July 2026
Case Overview
- Appellants: Kamala, Logeswary, minor Mohankumar, Varadhan (wife, daughter, minor son, father of deceased Sankar).
- Respondents: K. Janarthanan and The United India Company Limited, Tiruvallur.
- Accident occurred on 01 January 2022 in Chennai (RG Salai) when a two‑wheeler owned by the first respondent, driven rashly, struck the deceased pedestrian, who died on 08 January 2022.
- The Motor Accident Claims Tribunal (MACT) in Tiruvallur awarded total compensation of Rs 21,10,328, comprising loss of dependency (Rs 19,01,328), loss of estate (Rs 16,500), loss of consortium (Rs 1,76,000) and funeral expenses (Rs 16,500), with interest at 7.5% per annum.
- The appellants filed a Civil Miscellaneous Appeal (CMA No.674 of 2024) under Section 173 of the Motor Vehicles Act seeking enhancement of the compensation, arguing that the notional monthly income of Rs 13,000 used by the Tribunal was too low.
Final Outcome
- The Court revised the notional monthly income to Rs 18,000, adding a 25 % multiplier, resulting in loss of dependency of Rs 26,32,500.
- Other heads (estate, consortium, funeral) were left unchanged.
- Total compensation increased to Rs 28,41,500.
- The second respondent/insurance company is directed to deposit the enhanced amount, less any amount already paid, together with interest at 7.5 % per annum from the date of the claim petition until actual payment, within six weeks of receipt of the judgment.
- The additional Rs 7,31,172 will not attract interest for the 119‑day delay as per C.M.P.No.27002 of 2023 dated 16 February 2024.
- Any deficit court fee, if not paid, shall be borne by the claimants.
- No costs awarded; the appeal is partly allowed.
Topics: Motor Accident Compensation, Judicial Award Modification