Vennila, v. Madhaiyan K

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Vennila, W/o.Saravanan, D.No.143/1, Mattarapalli, Bandaseemanur Post, Bargur Taluk, Krishnagiri District-635 001.

Appellant(s) Vs

1. Madhaiyan K S/o.Kannupaiyan, No.240/65, Indra Nagar, Sigaralapalli, Bargur Taluk, Krishnagiri District - 635104.

2.The Divisional Manager, The Oriental Insurance Co. Ltd., No.94, III Floor, Jawaharlal Nehru Road, 100 Ft. Road, (Opp. to HCTEL Ambica Empire and above SB) Vadapalani, Chennai-600 026.

Respondent(s)

PRAYER To enhance the compensation amount made in fix the entire liability on 2nd respondent in order dated 25.04.2023 made in M.C.O.P.No.159 of 2020 on the file of the Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Krishnagiri by allowing this Civil Miscellaneous Appeal and thus render justice. For Appellant(s):

S.P.Yuaraj For Respondent(s):

M/s. R. Sree Vidhya For R2 R1 - Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to fix the entire liability on 2nd respondent in order dated 25.04.2023 made in M.C.O.P.No.159 of 2020 on the file of the Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Krishnagiri.

2. On 01.09.2017 at about 15.00 hours the claimant was driving her TVS Strack bearing registration No. TN 24 AA 1346 in Kappalvadi to Thogarapalli road, near Dharga at Mattarapalli Cross Road. At that time, in the opposite direction, the rider of the Bajaj Pulsar Bearing registration No. TN 24 AH 1696 driven the two wheeler in a rash and negligent and dashed against the claimant, due to which, the claimant sustained grevious injury. Thereafter, the claimant

filed the petition before the tribunal claiming compensation. The second respondent/Insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.3,51,000/- as compensation. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned counsel for the claimant submits that the claimant earned Rs.20,000/- per month by doing cloth business but the tribunal has erroneously fixed the income of the claimant as Rs.8,000/- which is very meagre. Further, the claimant has sustained 50% partial permanent disability and lost his earning capacity instead of applying multiplier method the tribunal awarded only Rs.5,000/- per percentage of disability. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submit that the tribunal has rightly awarded compensation which needs no interference. Hence, he prays to dismiss this appeal.

5. Considering the facts and circumstances of the case, the claimant has not produced any evidence to prove her functional disability. However,

considering the disability sustained by the claimant, this Court is inclined to fix Rs.7,000/- per percentage for disability. Accordingly, the claimant is entitled to Rs. 3,15,000/- under the head of disability. Further, this Court is inclined to enhance compensation for additional nourishment, damages to cloths, attender charges from Rs.10,000/- to Rs.20,000/-, Rs.1600/- to Rs.5,000/-, Rs.5,000/- to 10,000/-, respectively. Except above modification, the award passed by the tribunal in other heads remain unchanged.

6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.25,000/- Rs.25,000/- 2.

Loss of Income Rs.16,000/- Rs.16,000/- 3.

Medical Expenses Rs.78,400/- Rs.78,400/- 4.

Transportation expenses Rs.10,000/- Rs.10,000/- 5.

Extra Nourishment Rs.10,000/- Rs.20,000/- 6.

Attender charges Rs.5,000/- Rs.10,000/- 7.

Damages to cloths and article Rs.1600/- Rs.5,000/- 8.

Lost of amenities Rs.20,000/- Rs.20,000/- 9.

For permanent disability Rs.2,25,000/- Rs.3,15,000/- Total Rs.3,91,000/- Rs.4,81,000/-

7. The contributory negligence on the side of the claimant is 10%. Hence, the claimant is entitled to Rs.4,32,900/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.4,32,900/- . The respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of M.C.O.P.No.159 of 2020, on the file of the Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Krishnagiri , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

24-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Madhaiyan K S/o.Kannupaiyan, No.240/65, Indra Nagar, Sigaralapalli, Bargur Taluk, Krishnagiri District - 635104.

2.The Divisional Manager, The Oriental Insurance Co. Ltd., No.94, III Floor, Jawaharlal Nehru Road, 100 Ft. Road, (Opp. to HCTEL Ambica Empire and above SB) Vadapalani, Chennai-600 026.

3. The Section Officer, V.R Section, HighCourt, Madras.

4. The Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Krishnagiri

T.V.THAMILSELVI J.

pbl 24-06-2025