Thangavel and Others vs The Managing Director, Tamil Nadu State Transport Corporation Limited

Non-Reportable

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal No. 3595 of 2024

Thangavel & Ors. …Appellants Versus

The Managing Director, Tamil Nadu State Transport Corporation Limited …Respondent

JUDGMENT

K. VINOD CHANDRAN, J.

1. The appellants are the parents aggrieved with the

reduction of compensation awarded for the death of

their son in a motor accident, by the impugned

judgment of the Madurai Bench of Madras High Court.

2. A 10-year old boy while cycling to school was hit

by a bus of the respondent-Corporation. The appeal is

Signature Not Verified only on the quantum and there is no dispute raised by Digitally signed by NARENDRA PRASAD Date: 2025.08.08 18:52:03 IST Reason: Page 1 of 6 Civil Appeal No. 3595/2024 the Corporation as to the negligence found on their

driver.

3. The Tribunal awarded an amount of Rs.8,55,000/-

reckoning the income of the child at Rs.5,000/- per

month and determining the compensation for loss of

dependency adopting the multiplier of 18 and

deducting 2/3rd for personal expenses. An amount of

Rs.1,00,000/- was granted for the loss of love and

affection along with funeral expenses of Rs.25,000 and

Rs.5,000/- each for transportation and loss of dress,

ornaments and cycle.

4. The High Court reduced the income by

Rs.2,70,000/- finding that Rs.30,000/- per year as per the

Schedule II of the Motor Vehicles Act, 19881 was to be

adopted as the income and the multiplier applicable is

only 15 considering the age of the mother. While the

amount for loss of love and affection was confirmed,

1 “the Act”

Page 2 of 6 Civil Appeal No. 3595/2024 funeral expenses was reduced to Rs.15,000/- and the

amounts granted for transportation and damage to

clothes and cycle were deleted. A further amount of

Rs.15,000/- was granted as loss of estate, thus reducing

the total award amounts to Rs.5,80,000/-.

5. There is no straight jacket formula as to the

income to be adopted in the case of children when they

suffer injuries or succumb to death, in a motor vehicle

accident. In fact, the Tribunal had considered a Division

Bench decision which adopted the income of Rs.5,000/-

per month for a 9-year old. The High Court does not give

any reasoning to deviate from the said monthly income

adopted by a Division Bench and merely adopts the

income as per Schedule II. Schedule II is applied in

cases where the claim is made under Section 163A of the

Act, which proceeds on a ‘no fault liability’. In the

present case a claim under Section 166 of the Act was

preferred and there was negligence found on the driver

of the offending vehicle.

Page 3 of 6 Civil Appeal No. 3595/2024

6. We are of the opinion that the monthly income of

Rs.5,000/- as adopted for the child by the Tribunal is

perfectly in order. There is no question of any deduction

for personal expenses and hence even if the multiplier

adopted is 15, considering the mother’s age of 36, the

total compensation for loss of dependency would be

Rs.7,50,000/-, Rs.30,000 more than that awarded by the

Tribunal. Insofar as the loss of love and affection is

concerned, the Constitution Bench in Pranay Sethi2

permits only Rs.40,000/- each and funeral expenses as

rightly reduced by the High Court has to be Rs.15,000/.

We find no rationale for the High Court to have deleted

the transportation expenses and loss of dress,

ornaments and cycle. As rightly awarded by the High

Court, loss of estate has to be compensated with

Rs.15000/-. Hence, even if just compensation of

Rs.80,000 is fixed as loss of filial consortium as

applicable to both the parents and the funeral expenses

2 (2017) 16 SCC 680

Page 4 of 6 Civil Appeal No. 3595/2024 is reduced to Rs.15,000/-, the total compensation would

be Rs.8,70,000/- as below:

Sr. No. Particulars Amount

1. Loss of dependency (Rs.5,000/- x 15) Rs.7,50,000/-

2. Compensation for filial consortium @ Rs. 80,000/- Rs.40,000/- each

3. Funeral expenses Rs.15,000/-

4. Loss of Estate Rs.15,000/-

5. Transportation Rs.5,000/- expenses

6. Loss of dress, Rs.5,000/- ornaments and cycle

Total Rs.8,70,000/-

7. However, there is no appeal from the quantum

filed by the claimants. Hence the order of the Tribunal

is restored and the appeal is allowed setting aside the

order of the High Court. The claimants shall be paid the

amounts as awarded by the Tribunal after deducting the

amounts already paid or deposited, within a period of

Page 5 of 6 Civil Appeal No. 3595/2024 one month from today with interest as directed by the

Tribunal or the High Court.

8. Pending application(s), if any, shall stand

disposed of.

………….……………………. J.

(K. VINOD CHANDRAN)

…………………………………J. (N.V. ANJARIA)

NEW DELHI;

AUGUST 08, 2025.

Page 6 of 6 Civil Appeal No. 3595/2024