M.Saravanan v. M.Javed Basha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. M.Saravanan S/o. P.Mani, No.11/5, St.Xavier Street, Broadway, Chennai-600 001 Appellant(s) Vs
1. M.Javed Basha No.35, B-BlockParthasarathy Nagar, Old Washermenpet, Chennai-600 021 2.IFFCO TOKIO General Insurance Co.Ltd., No.128, Habibullah Road, IFFCO Bhavan, 4th Floor, T.Nagar, Chennai-17 Respondent(s) PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the order and Decreetal order dated 16-03-2023 passed in MCOP.NO.3277 of 2017 by the Motor Accident Claims Tribunal, V Judge Small Causes Court, Chennai.
For Appellant(s):
Mr.T.G. Ravichandran For Respondent(s):
Mr.N.Anbumurugan For R2 R1 - Notice Dispensed With
JUDGMENT
The appellant has filed this appeal praying to set aside the judgement and decree, dated 16-03-2023 passed in MCOP.NO.3277 of 2017 by the Motor Accident Claims Tribunal, V Judge Small Causes Court, Chennai.
2. Considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.1,23,500/- as compensation, directing the 2 nd respondent to pay the said amount to the appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation in the first instance. Thereafter, the Insurance st Company is at liberty to recover the same from the owner of the vehicle / 1 respondent under the same cause of action.
3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimant) has filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is not commensurate with the injuries sustained by the claimant. He, therefore, prayed for enhancement of compensation.
5. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on wellsettled principles of law applicable at the time of the order, and therefore, it need not be interfered.
6. The Medical Board assessed his partial permanent disability at 13%. The Tribunal did not find any functional disability, and therefore, awarded compensation at the rate of Rs.5,000/- per percentage of disability. However, considering the claimant's age (39 years at the time of accident) and the nature of injuries sustained, it would be appropriate to enhance the compensation to Rs.6,000/- per percentage. Accordingly, a sum of Rs.78,000/- (Rs.6,000 x 13%) is awarded towards partial permanent disability.
7. The claimant is working as a Auto driver and earning Rs.20,000/- per month. However, the appellant has not produced any document to prove his income. Considering the nature of employment and the absence of documentary proof, this Court is of the opinion that fixing the notional monthly income of the injured at Rs.15,000/- would meet the ends of justice. Due to the accident, the appellant would have been unable to attend to his regular work for at least eight months. Therefore, a sum of Rs.1,20,000/- (Rs.15,000 x 8 months) is awarded towards loss of income during the period of treatment and recovery. Additionally, the amount awarded by the Tribunal under the heads of Pain and sufferings & Mental agony, Transportation, Extra Nourishment, damages to clothes, Attender Charges and loss of amenities are enhanced to Rs.30,000/-, Rs.10,000/-, Rs.15,000/-, Rs.3,000/-, Rs.9,000/- and Rs.25,000/- respectively. The compensation awarded under the other heads by the Tribunal is confirmed.
8. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads:
Sl.
No Heads Amount (in Rs.) awarded by the Tribunal Amount (in Rs.) awarded by the High Court 1.
Disability 65,000 78,000 2.
Medical Expenses Nil 3.
Loss of Income 10,000 1,20,000 4.
Pain and suffering and mental agony 15,000 30,000 5.
Transportation 5,000 10,000 6.
Extra Nourishment 10,000 15,000 7.
Damages to clothes 1,000 3,000 8.
Attender charges 2,500 9,000 9.
Loss of Amenities 15,000 25,000 Total 1,23,500 2,90,000 Thus, the compensation awarded by the Tribunal is enhanced from Rs.1,23,500/- to Rs.2,90,000/-, which shall carry interest at the rate of 7.5% per annum.
9. In the result:
i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.
ii. The compensation awarded by the Tribunal is enhanced from Rs.1,23,500/- to Rs.2,90,000/-.
iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. nd respondent, Insurance Company, is directed to deposit the iv. The 2 enhanced compensation amount, i.e., Rs.2,90,000/- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realization, to the credit of M.C.O.P. No. 3277 of 2017 on the file of the Motor Accidents Claims Tribunal V Judge, Court of Small Causes, Chennai, within a period of eight weeks from the date of receipt or uploading of a copy of this order in the first instance. Thereafter, the nd respondent is at liberty to recover the same from the Insurance Company / 2 st respondent under the same cause of action. owner of the vehicle / 1 v. On such deposit being made by the 2 nd respondent, the appellant/claimant is at liberty to withdraw the same, as per the apportionment
made by the Tribunal, after following due process of law. vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.The Motor Accident Claims Tribunal, V Judge Small Causes Court, Chennai.
2.IFFCO TOKIO Genral Insurance Co.Ltd., No.128, Habibullah Road, IFFCO Bhavan, 4th Floor, T.Nagar, Chennai-17 3.The Section Officer, VR Section, High Court of Madras.
T.V.THAMILSELVI J.
rri 14-08-2025