Ayush Sanjeev v. Nekha Valsan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Ayush Sanjeev S/o. Sanjeev Subramanian, No.2-29, Jawahar Street, Krishnamoorthy Nagar, Kodungaiyur Chennai - 118.

Appellant(s) Vs

1. Nekha Valsan D/o. P. George Valsan, Kanirakkukattu Puthenpurayil, Kovumbhagom p.o., Thiruvalla, Pathaamthitta, Kerala - 689102.

2.National Insurance Company Ltd Motor Third Party Claims Hub, Rajina Mansion - 3rd Floor, No.46, Moore Street, Chennai - 002.

Respondent(s) PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the Judgment and Award of the Motor Accidents Claims Tribunal at Chennai (On the file of Special Sub Judge No.2, Small Causes Court, Chennai) made in MCOP No.4253/2016 dated 14.09.2023.

For Appellant(s):

Mr.P.Dinesh Kumar For Respondent(s):

Mr.J.Michael Visuvasam For R2 R1 - Notice Dispensed With

JUDGMENT

The appellant has filed this appeal against the award passed in MCOP.No. 4253 of 2016 on the file of the Motor Accidents Claims Tribunal (On the file of Special Sub Judge No.II, Small Causes Court, Chennai), dated 14.09.2023.

2. Considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.53,63,000/- as compensation, directed the 2 nd 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 realization.

3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimant) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is not commensurate with the injuries sustained by the claimant. He, therefore, prayed for enhancement of compensation.

5. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on wellsettled principles of law applicable at the time of the order, and therefore, it need not be interfered.

6. The claimant is studying B.E.Mechanical Engineering 2 nd year in AVIT College, Mahabalipuram. Considering the facts and circumstances, this Court is of the opinion that fixing the notional monthly income of the injured at Rs.15,000/- with 40% addition towards future prospects.. The compensation awarded under the other heads by the Tribunal is confirmed.

7. Calculation Notional Income = Rs.15,000/- 40% Future Prospects = 15,000 + 6,000 = 21,000 Loss of earning capacity = 21,000 x 12m x 18 x 70/100 = Rs.31,75,200/-

8. 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.

Loss of earning capacity 27,52,000 31,75,200 2.

Disability - - 3.

Pain and suffering 2,00,000 2,00,000 4.

Loss of income - - 5.

Medical expenses 23,21,000 23,21,000 6.

Attender charges 25,000 25,000 7.

Transportation 15,000 15,000 8.

Loss of amenities 25,000 25,000 9.

Extra Nourishment 25,000 25,000 Total 53,63,000 57,86,200

Thus, the compensation awarded by the Tribunal is enhanced from Rs.53,63,000/- to Rs.57,86,200/-, which shall carry interest at the rate of 7.5% per annum.

9. 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.53,63,000/- to Rs.57,86,200/-.

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 2nd respondent, National Insurance Co.Ltd., Chennai, is directed to deposit the enhanced compensation amount, i.e., Rs.57,86,200/- (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 realization, to

the credit of M.C.O.P. No. 4253 of 2016 on the file of the Motor Accidents Claims Tribunal at Chennai (On the file of Special Sub Judge No.2, Small Causes Court, Chennai), 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 by the 2 nd respondent, the appellant/claimant is at liberty to withdraw the same, as per the apportionment made by the Tribunal, 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. 17-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The Motor Accidents Claims Tribunal at Chennai, (On the file of Special Sub Judge No.II, Small Causes Court, Chennai.

2.National Insurance Company Ltd Motor Third Party Claims Hub, Rajina Mansion - 3rd Floor, No.46, Moore Street, Chennai - 002.

3.The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

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