K.Sanjai v. M.Senthilkumar

C.M.A.No. 2159 of 2024 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 31.07.2025 partly allowed the above Civil Miscellaneous Appeal. However, he would submit that in para 6 of the judgment, the total arrived as compensation awarded by the Tribunal needs to be modified. He would also submit that after para 6 of judgment, instead of mentioning numbers of para 6, 7, 8 and 9, it was mentioned as 5,6,6 and 7. Hence, he prayed to amend the same and requested to issue fresh order copy.

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

4. Considering his submissions, after para 6 of the judgment, Registry is directed to correct the paragraph numbers as "paras 7 to 10". Registry is also directed to substitute the total amount of compensation awarded by the tribunal in the tabular column viz., "Rs.14,66,170/-" as "Rs.7,32,490/-" in para 6, which is now renumbered as para 7. In all other aspects, the order of this Court dated 31.07.2025 shall remain unaltered. 1/11

5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.2159 of 2024 dated 31.07.2025 and issue fresh order copy to the appellant.

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T.V.THAMILSELVI, J.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 2159 of 2024

1. K.Sanjai D/o Kathirvel, No 12, Extension Street No 5, Ward No 26, Sathyamangalam Taluk, Erode District.

Now Residing at 1-833-A-1, Vijayalakshmi illam, MTP Road, Konamoolai, SRT School Opp, Ganthi Nagar, Sathyamangalam Taluk, Erode District.

Appellant(s) Vs

1. M.Senthilkumar S/o Murugan, 79, New No 85, Kattapomman Street, Planai, Dindigul District.

2.P.Kumar S/o Periyasamy, 9-48, Asthidravidar Street, Palayoor Post, Karur District.

3.The Branch Manager Oriental Insurance Company ltd, Divisional Office, PLA Building 1st Floor, No 12A, Covai Road, Karur, Karur District 639 002.

4.K.Loganathan 4/11

S/o Kanthasamy, 6/53, Jadayampalayam, Mettupalayam -641 301, Coimbatore District.

5.M.Selvaraj S/o Maruthasalam, No 1, Venkitasamy Road, Mettupalayam, Coimbatore District.

6.The Branch Manager New India Assurance Company, Mettupalayam, Coimbatore District.

Respondent(s) PRAYER To enhance the compensation awarded in judgement and decree dated 0601-2024 made in MCOP No 97 of 2017 on the file of the Ld. Motor Accident Claims Tribunal/Sub Court, Sathyamangalam, Erode. CMA No. 2159 of 2024 For Appellant(s):

Mr.S.Shrish For Mr.N.

Manoharan For Respondent(s): Ms.S.Srimadhi For Mr. K. Elangoo For R6 R3 - No Appearance R1 ,R2,R4 and R5 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal been filed to enhance the compensation awarded in judgement and decree dated 06-01-2024 made in 5/11

MCOP No 97 of 2017 on the file of the Motor Accident Claims Tribunal/Sub Court, Sathyamangalam, Erode.

2. The brief facts of the case:

On 11.02.2017 at about 11.00 p.m when the appellant and her brother standing on the left side of road near Konamoolai KRM Labour Motor Works, Sathyamangalam, a lorry bearing registration No. TN 40 J 7565 came from East to West direction and at that time a lorry bearing registration No. TN 27 L 4721 came from the opposite direction which was driven by its driver Senthilkumar in a rash and negligent manner, on seeing the first lorry of the above which was moving on the road here and there, the driver of the lorry/Senthilkumar had over taken the lorry and hit against the minor Soundarya and her brother/minor Sanjai as well as parked scooter and rubbing them on the road to certain distance with the lorry and caused grievous injuries to them and they have taken to the hospital.

Thereafter, the claimants filed the petition before the tribunal claiming compensation. The 3rd respondent contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation of Rs. 7,32,490/-. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned Counsel for the claimant submits that due to the said 6/11

accident the claimant has sustained grievous injuries but the tribunal has adopted per percentage method instead of multiplier method. Hence, he prays to enhance the compensation.

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

5. None appeared for other respondents

6. A perusal of the records, it shows that at the time of the accident, the driver of the lorry bearing Registration No. TN 22 L 4721 driven the lorry in a rash and negligent manner due to his negligence the accident was happened and he is liable for the said accident. The said lorry insured with the third respondent hence Tribunal has fixed the liability upon the third respondent. This Court is not inclined to interfere with the findings of the Tribunal in respect of liability.

5. Regarding the fixation of compensation, the appellant suffered an amputation of the right elbow due to the accident, and the medical board has assessed a permanent disability of 80%. Considering the nature of the disability sustained by the appellant and the prevailing cost of living at the time of the accident, this Court is inclined to fix the appellant's notional income at Rs.

8,000/-. Accordingly, the appellant is entitled to Rs.19,35,360/-(8,000+3200x12x18x80/100). Further, the tribunal has 7/11

awarded very less amount in other heads. Hence, this Court is inclined to enhance the compensation awarded under the head of pain and sufferings, transportation, extra nourishment, attender charges and damages to clothes and articles, from Rs.90,000/- to Rs1,00,000/-, from Rs.6,000/- to Rs.15,000/-, from Rs.6,000/- to Rs.30,000/-, from Rs.6,000/-to Rs.30,000, and from Rs.3,000/- to Rs.5,000/-, respectively. Further, this Court is inclined to award Rs.30,000/- under the head of loss of amenities. 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 awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.90,000/- Rs.1,00,000/- 2.

Loss of Income Nil Nil 3.

Medical Expenses Rs.1,21,490/- Rs.1,21,490/- 4.

Transportation expenses Rs.6,000/- Rs.15,000/- 5.

Extra Nourishment Rs.6,000/- Rs.30,000/- 6.

Attender charges Rs.6,000/- Rs.30,000/- 7.

Damages to cloths and article Rs.3,000/- Rs.5,000/- 8.

Lost of amenities Nil Rs.30,000/- 9.

For permanent disability Rs.5,00,000/- Rs.19,35,360/- Total Rs.14,66,170/- Rs. 22,66,850/- 8/11

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.22,66,850/-. The 3rd 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 97 of 2017 on the file of the Motor Accident Claims Tribunal/Sub Court, Sathyamangalam, Erode, within a period eight weeks from the date of receipt of a copy of this judgement and recover the same from first and second respondent. 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 excessive amount has already been deposited before the tribunal.

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

31-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Motor Accident Claims Tribunal/Sub Court, Sathyamangalam, Erode. 2.The Section Officer, V.R Section, High Court, Madras. 9/11

T.V.THAMILSELVI J.

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