M. Muthukumar v. N. Mohan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.No.1980 of 2024 M. Muthukumar ... Appellant Vs.
1. N. Mohan
2. United India Insurance Company Limited, Minor 3rd Party Claims Office, No.134, Shillingi Buildings, Greams Road, Chennai - 600 006. ... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated 19.08.2019 passed in M.C.O.P.No.7770 of 2014 by the Motor Accident Claims Tribunal Chennai ( In the Special Judge-I, court of Small Causes) and enhance the award amount.
For Appellant : Mr.M. Pachaiyappan For Respondent-2 : Mrs.M. Sree Vidhya
JUDGMENT
The appellant had filed this appeal to set aside the Judgment and Decree dated 19.08.2019 passed in M.C.O.P.No.7770 of 2014 by the Motor Accident Claims Tribunal Chennai ( In the Special Judge-I, court of Small Causes) and enhance the award amount.
2. The brief facts of the case of the appellant/claimant is as follows: On 28.08.2014 at about 11.00 hours when the appellant was proceedings as a pillion rider in a Motor Cycle bearing Reg. No. TN-15Y-1150 a car bearing Regn No. TN-30-Ak-8585 came in the opposite direction and dashed against the appellant. As a result of which the appellant sustained grievous injuries. Since the accident happened only due to the driver of the car, the appellant filed a claim petition against the first respondent/owner of the car and the second respondent/insurer of the car before the Tribunal claiming compensation at Rs.6,00,000/- .
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.1,13,850/- as compensation, directed the second respondent to pay the said amount to the appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.
4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimant) had filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. The learned counsel for the appellant submitted that the Tribunal erred in awarding Rs.20,000/- towards compensation for pain and suffering. He further submitted that the amount awarded under all other heads is also very low. Hence prays to enhance the compensation by allowing this petition.
6. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.
7. Heard both sides and perused the materials available on record.
8. On An analysis of the award of the Tribunal would go to show
that the Tribunal has awarded Rs.60,000/- towards disability; Rs.20,000/- towards Pain and Sufferings; Rs.5,000/- towards Transportation; Rs.10,000/- towards Extra Nourishment; Rs.5,500/- towards Attender charges; Rs.6,000/- towards loss of earnings; Rs.20,000/- towards loss of future prospectus. Thus the total compensation comes to Rs.1,13,850/- after deducting 10 % towards contributory negligence.
9. Considering the occupation of the appellant, the monthly income of the appellant is enhanced to Rs.10,000/- and the loss of earning is enhanced to Rs. 60,000/-. The amount awarded under the head Transportation, Extra nourishment, attender charges and pain and sufferings is enhanced to Rs.10,000/-,15,000/- and Rs.6,600/- and 30,000/- respectively. The Tribunal has taken Rs.3,000/- per percentage for the disability and awarded Rs.60,000/- ( Rs.3,000 x 2%) towards the head disability. This Court is inclined to take Rs.4,000/- per percentage and Rs. 80,000/- (Rs.4,000 x 20%) The amount awarded under other heads remains intact.
10. The following tabular column sets out the amounts awarded by
the Tribunal and the enhanced amounts awarded by this Court under various heads:
Sl. No Heads Amount (in Rs.) awarded by the Tribunal Amount (in Rs.) awarded by the High Court 1.
Disability Rs.60,000/- Rs.80,000/- 2.
Pain and sufferings Rs.20,000/- Rs.30,000/- 3.
Transportation Rs.5,000/- RS.10,000/- 4.
Extra Nourishment Rs.5,000/- 15,000/- Attender Charges Rs.5,500/- Rs.6,600/- Loss of Earnings Rs.6,000/- Rs.60,000 Loss of future prospectus Rs.20,000/- 30,000/- Total Rs.1,26,500/- Rs. 2,31,600/- After deducting contributory negligence Rs.1,13,850/- Rs.2,08,440/- Thus, the compensation awarded by the Tribunal is enhanced from Rs.1,13,850/- to Rs.2,08,440/-, which shall carry interest at the rate of 7.5% per annum.
11. In the result:
i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.1,13,850/- to Rs.2,08,440/-.
iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. iv. The second respondent/United India Insurance Company Limited,, is directed to deposit the enhanced compensation amount, i.e., Rs.2,08,440/-. (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.C.O.P.No.7770 of 2014 by the Motor Accident Claims Tribunal Chennai on the file of the Special Judge-I, court of Small Causes within a period of eight weeks from the date of receipt or uploading of a copy of this order. v. On such deposit being made, the appellant/claimant is at liberty to withdraw the same, after following due process of law.
vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 05.08.2025 Index:Yes/No Speaking/non Speaking order Neutral Case citation: yes/no smn To
1. The Special Judge-I, court of Small Causes 2.The United India Insurance Company Limited, Minor 3rd Party Claims Office, No.134, Shillingi Buildings, Greams Road, Chennai - 600 006.
3. The Section Officer, V.R. Section, High Court of Madras. T.V.THAMILSELVI , J.
smn
C.M.A.No.1980 of 2024 18.08.2025