S. Karthi v. V. Gopi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. S. Karthi S/o.Sankar, No.1/70, Nehru Street, Sathur, Arcot Taluk, Vellore District.

Appellant(s) Vs

1. V. Gopi S/o.Viswanatha Mudaliar, No.50, New No.57, Pillaiyar Koil Street, Parikalpet, Arcot Taluk, Arcot, Pin - 632 503.

2.The New India Assurance Company Ltd., Motor Claims Third Party Cell, No.45, Moore Street, 5th Floor, Chennai - 600 001.

Respondent(s) PRAYER To allow this appeal and be pleased to enhance the amount awarded in MCOP

No.3844 of 2015 dated 23.07.2021 on the file of Motor Accident Claims Tribunal, (Small Causes Court, Special Sub Judge No.2, Chennai) as prayed for with interest and cost For Appellant(s):

M/s.K.Varadha Kamaraj For Respondent(s):

M/s. R.Rajesh For R 2 R-1 - No Appearance JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the amount awarded in MCOP No.3844 of 2015 dated 23.07.2021 on the file of Motor Accident Claims Tribunal, (Small Causes Court, Special Sub Judge No.2, Chennai) (in short ''tribunal'').

2. The brief facts of the case:

On 27.02.2015 at about 11.00 hrs when the claimant was travelled on his motor cycle bearing Registration No. TN 22 AM 6559 at Timiri Arcot Road, Poonambadi Coot Road, Timiri P.S. Limit, Vellore District, at that time a Car bearing Registeration No. TN 09 AL 7054 proceeding from Timiri direction was driven in a rash and negligent manner at a great high speed and without observing the traffic rules hit against the claimant's motor cycle. Due to which

the claimant thrown out and sustained grievous injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The insurance company contested the case by filing the counter. After considering the oral and documentary evidence the tribunal awarded Rs.2,32,361/- as compensation. Challenging the quantum of compensation the claimant preferred this appeal.

3. The learned counsel for the claimant submits that the tribunal has awarded very meagre amount for disability and also for income of the claimant. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the tribunal has rightly awarded compensation which needs no interference. He prays to dismiss this appeal.

5. Considering the fact that the accident was happened in the year 2015 and also considering the cost of living at the time of the accident. This Court is inclined to award Rs.4,000/- per percentage for disability. Accordingly, the claimant is entitled to Rs.1,20,000/- for disability. Further, this Court inclined to award Rs.72,000/- (12,000x6) for loss of earnings and Rs.30,000/- for pain and

sufferings, and Rs. 10,000/- for transportation, and Rs.10,000/- for attender charges, and Rs.15,000/- for extra nourishment. 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.20,000/- Rs.30,000/- 2.

Loss of earning Rs.18,000/- Rs.72,000/- 3.

Medical Expenses Rs.76,861/- Rs.76,861/- 4.

Transportation expenses Rs.4,000/- Rs.10,000/- 5.

Extra Nourishment Rs.10,000/- Rs.15,000/- 6.

Attender charges Rs.3,500/- Rs.10,000/- 7.

Lost of amenities Rs.20,000/- Rs.20,000/- 8.

For disability Rs.80,000/- Rs.1,20,000/- Total Rs.2,23,361/- Rs.3,53,861/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.3,53,861/-. 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 MCOP No.3844 of 2015 dated 23.07.2021 on the file of Motor Accident Claims Tribunal, (Small Causes Court, Special Sub Judge No.2, Chennai), 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.

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

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To 1.V. Gopi S/o.Viswanatha Mudaliar, No.50, New No.57, Pillaiyar Koil Street, Parikalpet, Arcot Taluk, Arcot, Pin - 632 503.

2.The New India Assurance Company Ltd., Motor Claims Third Party Cell, No.45, Moore Street, 5th Floor, Chennai - 600 001.

3. The Section Officer, V.R Section, High Court, Madras.

4. The Motor Accident Claims Tribunal, (Small Causes Court, Special Sub Judge No.2, Chennai)

T.V.THAMILSELVI J.

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