G. Nagappan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. G. Nagappan S/o. Gopal, No.11/382, East Street, Periya Colony, Manapakkam, Kancheepuram Dt 600 125.

Appellant(s) Vs

1. The Managing Director Metropolitan Trnasport Corporation Ltd., Pallavan Salai, Chennai 2.

Respondent(s) PRAYER To set aside the order of the Tribunal dated 18.08.2023 in the Claim petition MCOP No.32 of 2020 on the file of the Motor Accidents Claims Tribunal, IV th Judge Court of Small Causes, Chennai.

For Appellant(s):

Mr. C.A. Anburaja For Respondent(s):

Mr.M.Murali Vinodh

JUDGEMENT This Civil Miscellaneous Appeal has been filed to set aside the order of the Tribunal dated 18.08.2023 in the Claim petition MCOP No.32 of 2020 on the file of the Motor Accidents Claims Tribunal, IV th Judge Court of Small Causes, Chennai.

2. On 19.11.2019 at about 17.00 hours the claimant was riding the TVS XL 100 bearing registratiion TN 10 AV 2288 from South to North on Kudrathur Porur Main Road, near Govt Adhidravidar High School Gate, Moulivakkam, Chennai, at that time, the driver of MTC bus route No.88C registration No. TN 01 N 5459 driven the bus in a rash and negligent manner dashed against the claimant's TVS XL due to which the claimant fell down and sustained grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The respondent contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs. 1,51,455/- as compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the claimant submits that the accident was happened in the year 2019 and the claimant has sustained 30% injury but the tribunal considered only 10% disability and also awarded very meagre amount under other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent raised objection stating that the disability certificate produced by the claimant is not obtained from the medical board. Hence, the tribunal rightly fixed the compensation which needs no interference.

5. Considering the fact that the claimant has sustained multiple injuries and his left leg was fractured. Considering the gravity of the injury, this Court is inclined to fix 25% disability and the accident was happened in the year 2019. Hence, this Court is inclined to fix Rs.8,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.2,00,000/- under the head of disability. Further, the claimant was worked as plumber and earned Rs.20,000/- per month. Hence, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.90,000/- for six months. Further, the tribunal has fixed very meagre amount under the head of

nutrition expenses, attender charges and pain and sufferings. Hence, this Court is inclined to enhance the amount awarded for nutrition expenses from Rs.5,000/- to Rs.10,000/- and for attender charges from Rs.11,000/- to Rs.15,000/- and for pain and sufferings from Rs.20,000/- to Rs.30,000. Except above modification, the award passed by the tribunal remain unchanged. 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 Income Rs.11,000/- Rs.60,000/- 3.

Medical Expenses Rs.17455/- Rs.17,455/- 4.

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

Extra Nourishment Rs.5,000/- Rs.10,000/- 6.

Attender charges Rs.11,000/- Rs.15,000/- 7.

Damages to cloths and article Rs.2,000/- RS.2,000/- 8.

Lost of amenities Rs.25,000/- Rs.25,000/- 9.

For permanent disability Rs.50,000/- Rs.2,00,000/- Total Rs.1,51,455/- Rs.3,69,455/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.3,69,455/-. 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 Motor Accidents Claims Tribunal, IVth Judge Court of Small Causes, 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. 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.

18-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Managing Director Metropolitan Trnasport Corporation Ltd., Pallavan Salai, Chennai 2.

2. The Motor Accidents Claims Tribunal, IV th Judge Court of Small Causes, Chennai.

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

T.V.THAMILSELVI J.

pbl 18-07-2025