R. Ramachandran v. K. Dinesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. R. Ramachandran S/o.Rajan, No.281/106, Palani Andavar Koil Street, Ayanavaram, Chennai - 600 023.

Appellant(s) Vs

1. K. Dinesh S/o.Kumar, No.73, 13th Lane, Ashirvathapuram, Broadway, Chennai - 600 108.

2.United India Insurance Company Ltd., No.134 Silingi Building, 4th Floor, Greams Road, Chennai - 600 003.

Respondent(s)

PRAYER To enhance the amount awarded in MCOP.No.3559 of 2022 dated 28-10-2024 on the file of the MACT (II Spl.Court of Small Causes Court) Chennai. For Appellant(s):

Mr.K. Varadha Kamaraj For Respondent(s):

Mr.V.Balamurugan For R1 Mr.V.Dhakshanamoorthy For R2 JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the amount awarded in MCOP.No.3559 of 2022 dated 28-10-2024 on the file of the MACT (II Spl.Court of Small Causes Court) Chennai.

2. On 16.06.2022 at about 09.20 a.m., when the claimant was walking in the road at K.H Road, Opposite to Kovai Textiles from South to North direction at that time the two wheeler bearing registration No. TN 04 AY 4102 came from the opposite direction hit the claimant due to which the claimant sustained injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The second respondent contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the quantum of compensation, the claimant filed

this appeal.

3. The learned counsel for the appellant submits that the claimant has sustained grevious injuries but the tribunal awarded very less amount under other heads. Hence, he prays to enhance the compensation.

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

5. Considering the facts of the case and also considering the cost of living at the of the accident and also injuries sustained by the claimant, this Court is inclined to fix Rs.10,000/- per percentage of disability. Accordingly, this Court is inclined to fix Rs.30,000/- under the head of disability(3x10,000). Further, the claimant has sustained grevious injuries hence this Court is inclined to fix Rs.25,000/- for pain and sufferings and tribunal has rightly fixed Rs.13,000/- as notional income of the claimant however it has awarded only for three months , this Court is inclined to enhance for six months. Accordingly, the claimant is entitled to Rs.78,000/- under the head of loss of income and also this Court inclined to fix Rs.15,000/- for attender charges. 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 Compensation awarded by the awarded by this Court Tribunal 1.

Pain and sufferings Rs.15,000/- Rs.25,000/- 2.

Loss of Income Rs.39,000/- Rs.78,000/- 3.

Medical Expenses Rs.2,965/- Rs.2,965/- 4.

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

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

Attender charges Rs. 10,000/- Rs.15,000/- 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Nil Nil 9.

For permanent disability Rs.15,000/- Rs.30,000/- Total Rs. 1,01,965/- Rs.1,70,965/- Rounded off to Rs.1,71,000/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.1,71,000/-. The 2nd 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.3559 of 2022 on the file of the MACT (II Spl.Court of Small Causes

Court) 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.

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

16-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Section Officer, V.R Section, High Court, Madras.

2. The MACT (II Spl.Court of Small Causes Court) Chennai.

T.V.THAMILSELVI J.

16-07-2025