S.Thanigaivel v. N.Porkodi

C.M.A.No. 1785 of 2025 T.V.THAMILSELVI, J.

This matter was taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the appellant.

2. The learned counsel for appellant would submit that this Court by Judgment dated 10.07.2025 partly allowed the above Civil Miscellaneous Appeal. However, he would submit that this court enhanced compensation towards loss of income from Rs.12,000/- for one month to Rs.15,000/- for six months, but it was not added in the calculation column. Hence, he prayed to modify the calculation column and requested to issue fresh order copy. Accordingly, the matter has been listed today.

3. Heard the contentions of learned counsel for appellant and perused the order.

4.Considering his submissions, Registry is directed to substitute calculation column in para 6 and para 7 of judgment as follows:- 1/10

S.No Compensation awarded under the head Amount awarded by Tribunal Amount Award confirmed or granted or enhanced (in Rs.) (in Rs.) 1.

Pain and sufferings 25,000 25,000 confirmed 2.

Loss of income 12,000 90,000 enhanced 3.

Medical expenses 11,281 11,281 confirmed 4.

Transportation expenses 5,000 5,000 confirmed 5.

Extra nourishment 5,000 10,000 enhanced 6.

Attender charges 2,500 5,000 enhanced 7.

Damages to cloths and article 2,000 2,000 confirmed 8.

Loss of amenities 25,000 25,000 confirmed 9.

For permanent disability (10% x Rs.9000) 50,000 90,000 enhanced Total 1,37,781 2,63,281 enhanced Rounded off 2,63,290

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.2,63,290/-. 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 MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV 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 2/10

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."

5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1785 of 2025 dated 10.07.2025 and issue fresh order copy to the appellant.

18.08.2025 rpp 3/10

T.V.THAMILSELVI, J.

rpp C.M.A. No.1785 of 2025 18.08.2025 4/10

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1785 of 2025

1. S.Thanigaivel S/o. Subramani, No. 75, Anna Salai, Erukanchery, Kodungaiyur, Chennai18.

Appellant(s) Vs

1. N.Porkodi W/o. Nagarajan, No. 163, Sarma Nagar, 1st Main Road, Vyasarpadi, Chennai-39.

2.United India Insurance Company Limited No. 134, Greams Road, IV Floor, Anna Sali, Chennai-600 006.

Respondent(s) CMA No. 1785 of 2025 PRAYER To enhance the award dated 21-02-2024 and made in MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai ) and thus 5/10

render justice CMA No. 1785 of 2025 For Appellant(s):

Ms.A.Deepa For Respondent(s): Ms.I.Malar For R2 JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the award dated 21-02-2024 and made in MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai).

2. On 05.04.2021 at about 13.30 hours the claimant was riding a motorcycle bearing registration No. TN 05 CC 4280 from South to North direction at Kodungaiyur Muthamil Nagar, North Avenue Road, at that time a motorcycle bearing registration No. TN 05 BU 1769 was driven in rash and negligent manner hit the claimant due to which the claimant sustained grevious 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.

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3. The learned counsel for the appellant/claimant submits that the claimant was proprietor of Saravana Service Centre earned Rs.25,000/- per month but the tribunal has fixed only Rs.12,000/- as loss of income which is very meagre and also awarded very less amount in other heads. Hence, he prays to enhance the compensation.

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

5. Considering the fact that the accident was happened in the year 2021 and also considering the cost of living at the time of the accident this Court is inclined to fix Rs.9,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.90,000/- under the head of disability. Further, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.45,000/- under the head of loss of income for six months. Further, the claimant sustained grevious injuries hence the claimant require extra nourishment, hence this Court is inclined to enhance Rs.10,000/- for nutrition expenses and also the claimant has taken in-patient treatment for 5 days. Hence, this Court is inclined to fix Rs.5,000/- for attender charges. Except above modification, the award 7/10

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 awarded by the Tribunal Compensation awarded by this Court 1.

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

Loss of Income Rs.12,000/- Rs.45,000/- 3.

Medical Expenses Rs.11,281/- Rs.11,281/- 4.

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

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

Attender charges Rs.2,500/- Rs.5,000/- 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.90,000/- Total Rs.1,37,781/- Rs.2,18,281/- Rounded off to Rs.2,18,300/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 2,18,300/- . 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 MACTOP.No.3792/2021 on the file of the Motor Accident 8/10

Claims Tribunal, Chennai (In the IV 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.

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

10-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

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

2. The Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai ) 9/10

T.V.THAMILSELVI J.

pbl CMA No. 1785 of 2025 10-07-2025 10/10