M. Meenatchi v. A. Venkatachalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M. Meenatchi W/o.Muthukumar, 4/228, Vinayagar Kovil Street, Nadu Karadu, Seelanaickenpatty, Salem District.

Appellant(s) Vs

1. A. Venkatachalam S/o.arumugam, Sankari Road, Seetharampalayam Post, Tiruchengode, Namakkal District.

2.United Insurance Co.Ltd., T.P.HUB, Rep. by its Manager, Having an Office at No.104-A, Sri Ranga Complex, I Floor, Peramanur Main Road, Salem. (the Respondent 1 remains set ex parte before the tribunal, hence notice may be dispense with for R1 in this appeal.

Respondent(s)

PRAYER To enhance the compensation in the award dated 01.11.2013 made in MCOP.No.748 of 2022 on the file of MACT/Special District Court at Salem, by allowing this Civil Miscellaneous Appeal with interest of 9 percent and cost and thus render justice.

For Appellant(s):

Mr.Ma.P.Thangavel For Mr.M.

Lokesh For Respondent(s):

Mr.C.Paranthaman For R2 R-1 Insufficient Address

ORDER

This Civil Miscellaneous Appeal has been filed to enhance the compensation in the award dated 01.11.2013 made in MCOP.No.748 of 2022 on the file of MACT/Special District Court at Salem.

2. On 12.03.2022 at about 09.45 a.m., when the petitioner was riding a two wheeler bearing registration No. TN 90 C 3879 in Salam - Namakkal main road, the bus bearing registration No. TN 34 U 6489 was driven by its driver in a rash and negligent manner hit against the claimant due to which the petitioner fell down and sustained injuries all over the body. 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 compensation of Rs.1,15,000/-. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the claimant submits that the claimant has sustained grievous injuries but the tribunal fixed very less amount as compensation. Hence, he prays to enhance the compensation.

4. The learned counsel for thee respondent submits that the tribunal has rightly fixed compensation which needs no interference.

5. Considering the cost of living at the time of the accident, this Court is inclined to fix Rs.10,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs. 2,00,000/- under the head of disability. Further, this Court is inclined to fix Rs.12,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.48,000/- under the head of loss of income for 4 months.

5.1. Further, the tribunal has failed to award amount under the head of extra nourishment, transport expenses and attender charges. The claimant has

underwent surgery to that effect he produced the Medical records/Ex.P2, he, requires extra nourishment to improve his health. Hence, this court is inclined to fix Rs.10,000/- for extra nourishment and this Court award Rs.12,000/- for attender charges and Rs.10,000/- for transportation expenses. Except above modification, the award passed by the tribunal 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.20,000/- Rs.20,000/- 2.

Loss of Income Nil Rs.48,000/- 3.

Medical Expenses Rs.15,000/- Rs.15,000/- 4.

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

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

Attender charges Nil Rs.12,000/- 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Nil Nil 9.

For permanent disability Rs.80,000/- Rs.2,00,000/- Total Rs.1,15,000/- Rs.3,15,000/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 3,15,000/-. The second 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.748 of 2022 on the file of MACT/Special District Court at Salem, 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 excessive amount has already been 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).

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

24-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The MACT/Special District Court at Salem.

2. The Section officer, V.R Section, High Court, Madras.

T.V.THAMILSELVI J.

24-07-2025