1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.324 of 2011 1. Annammal 2. Shesan : Appellants/Respondents 3 & 4 Vs. 1. Suganya Gnanasoundari : 1st Respondent/Petitioner 2. A.Venkatasamy 3. National Insurance Company Limited, through its Divisional Manager, Divisional Office, S.N.High Road, Tirunelveli. : Respondents 2&3/Respondents 1 & 2 (R2-set exparte in the trial court and hence dispensed with) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree, dated 17.10.2006 made in M.C.O.P.No.127 of 2000, on the file of the Motor Accidents Claims Tribunal (Principal Sub-Court/Fast Track Court), Dindigul. For Appellants : M/s.T.Selvakumaran For Respondent-1 : M/s.D.Balasubramanian JUDGMENT The appellants herein are the respondents 3 and 4 in the claim petition who are none else than the mother and younger brother of one Rajasekar, who was the victim of the fatal accident occurred at 12.45 p.m. on 21.12.1997 at Nilakkottai-Palayamkottai Road. The claim petition was filed by the wife of the deceased Rajasekar against the owner and the insurer of the offending vehicle, wherein, the mother and brother of the deceased were arrayed as the respondents 3 and 4. 2. The Tribunal has awarded compensation of Rs.4,98,640/- as against Rs.10 lakhs claimed by the sole claimant and the same is apportioned between the wife and the mother of the deceased and the mother of the deceased is allotted Rs.1,25,000/- and the balance sum is allotted to the share of the wife/claimant and no compensation is awarded to the younger brother. Aggrieved against the quantum of the amount allotted to the share of the mother and the failure to award any amount as compensation to the younger brother, the respondents 3 https://hcservices.ecourts.gov.in/hcservices/ 2 and 4 in the claim petition(i.e.,)the mother and younger brother of the deceased have come forward with this Civil Miscellaneous Appeal. 3. Heard the submissions made by the learned counsel appearing on both side and perused the material records placed before this Court. 4. This Court considering the age and employment status of the younger brother on the date of the accident, is inclined to agree with the finding rendered by the Tribunal. The fourth respondent/brother was employed and was earning and not depending upon his elder brother is not entitled to claim any compensation for the death of his brother. As far as the apportionment of the compensation amount between the wife and the mother of the deceased is concerned, this Court is of the view that considering the age and non-employment status of the mother, the compensation awarded to the mother can be reasonably enhanced by awarding Rs.1,50,000/- instead of Rs.1,25,000/- and the balance sum shall be allotted to the share of the wife. 5. In the result, the award dated 17.10.2006 made in M.C.O.P.No.127 of 2000, on the file of the Motor Accidents Claims Tribunal(Principal Sub-Court/Fast Track Court), Dindigul is modified by enhancing the quantum of compensation awarded to the mother as Rs.1,50,000/- instead of Rs.1,25,000/- and the award is confirmed in other respects. The awardees are permitted to withdraw the entire award amount in the event of expiry of the three years period from the date of original deposit of the amount into Court. 6. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, (Principal Sub-Judge/Fast Track Court), Dindigul. Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.T.Selvakumaran, Advocate (SR.No.6688) +1 CC to Mr.D.Balasubramanian, Advocate (SR.No.6350) C.M.A(MD)No.324 of 2011 15.03.2011 vsn NSV/31.5.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/