G.S.Pandian v. Sia Carriers Llp

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. G.S.Pandian No. 5/3, 2nd Street, Lalitha Nagar, Near Rosary Higher Secondary School, Mylapore, Chennai-4.

Appellant(s) Vs

1. Sia Carriers Llp Room No. 3, Block No. 3, First Floor, Kannappathidal Building, First Floor, Chennai-112.

2.ICICI Lombard General Insurance Company Limited No. 84/85, Arihant Plaza, 1st Floor, Wall Tax Road, Chennai-1 Respondent(s) PRAYER To enhance the award dated 10.01.2024 and made in MACTOP No. 4983 of

2021 on the file of the Motor Accident Claims Tirbunal, Chennai (in the IV Court of Small Causes, Chennai) For Appellant(s):

A.Deepa For Respondent(s):

Mr.B.Sivakollapan For R2 R-1 Dispensed With JUDGEMENT This Civil Miscellaneous appeal has been filed to enhance the award dated 10.01.2024 and made in MACTOP No. 4983 of 2021 on the file of the Motor Accident Claims Tirbunal, Chennai (in the IV Court of Small Causes, Chennai) (in short ''tribunal'').

2. The brief facts of the case:

On 10.09.2021 at about 19.15 hours the claimant was riding an Activa motorcycle bearing registration No. TN-06-T-3292 from south to north direction, at S.N.Chetty Road, Voora Apartment opposite, New Washermenpet, at that time a lorry bearing registration No.TN-04-AW-1476 drove by its driver in a rash and negligent manner hit behind the claimant's motorcycle. Due to which the claimant sustained grievous injuries. Thereafter, the claimant filed a petition before the tribunal claiming compensation. After considering the oral and documentary evidence the tribunal awarded a sum of Rs.5,97,354/- as

compensation. Challenging the quantum of compensation appellant/claimant filed this appeal.

3. The learned counsel for the appellant submits that the accident was happened in the year 2021 but the tribunal erroneously fixed very meagre amount for notional income and also awarded very meagre amount for other heads. Hence, he prays to enhance the compensation.

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

5. Considering the fact that accident was happened in the year 2021 and also cost of living at the time of the accident. This Court is inclined to enhance the notional income of claimant from Rs.5,000/- to Rs.18,000/- and also inclined to fix Rs.8,000/- per percentage for disability. Accordingly, the claimant is entitled Rs.1,36,000/- for disability. Further, the petitioner had taken treatment for 13 days. Hence, this Court is inclined to enhance award for pain and suffering from Rs.25,000 to Rs.50,000/- and Rs. 10,000 for nutrition expenses. Further, the claimant is entitled to Rs.1,08,000/- (6x18,000) for loss of income.

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.25,000/- Rs.50,000/- 2.

Loss of Income Rs.12,000/- Rs.1,08,000/- 3.

Medical Expenses Rs.4,37,854/- Rs.4,37,854/- 4.

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

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

Attender charges Rs.6,500/- Rs.10,000/- 7.

Damages to cloths and article Rs.1,000/ Rs.1,000/- 8.

Lost of amenities Rs.20,000/- Rs.20,000/- 9.

For permanent disability Rs.85,000/- Rs.1,36,000/- Total Rs.5,97,354/- Rs.7,77,854/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.7,77,854/- 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 MACTOP No. 4983 of 2021 on the file of the Motor Accident Claims Tirbunal, 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

been deposited before the tribunal.

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No Costs.

13-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Sia Carriers Llp Room No. 3, Block No. 3, First Floor, Kannappathidal Building, First Floor, Chennai-112.

2.ICICI Lombard General Insurance Company Limited No. 84/85, Arihant Plaza, 1st Floor, Wall Tax Road, Chennai-1.

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

4. The Motor Accident Claims Tirbunal, Chennai (in the IV Court of Small Causes, Chennai).

T.V.THAMILSELVI J.

pbl 13-06-2025