C. Jothi v. Lakshmi Narasimhan .S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. C. Jothi W/o. Chinnaiah, Plot No.32 Door No.14, Ezhil Nagar, Thoriapakkam, Chennai - 600 094.

Appellant(s) Vs

1. Lakshmi Narasimhan .S 7B MGR Main Road, Manickam Nagar Extn., Noothencherry, Madambakkam, Chennai - 600 042.

2.United India Insurance Co. Ltd., No.134 Greams Road, 4th Floor, Anna Salai, Chennai - 600 006.

Respondent(s) PRAYER To enhance the award dated 18-06-2024 and made in MCOP.No.6763/2018 on the file of the MACT V Judge of Court of Small Causes (MACT) Chennai.

For Appellant(s):

Ms.N.Lavanya For Mrs.M.Malar For Respondent(s):

Mr. V. Dakshnamoorthy For R2 R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the award dated 18-06-2024 and made in MCOP.No.6763/2018 on the file of the MACT V Judge of Court of Small Causes (MACT) Chennai, (in short ''tribunal'').

2. On 04.09.2018 at about 18.00 hours while the claimant was crossing the road at Thoraipakkam Rajiv Gandhi Salai, Near Jain College, the motorcycle bearing registration No. TN 13 B 7975 ridden the vehicle in a rash and negligent manner dashed against the claimant. 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 claimant submits that due to the said the claimant has sustained grevious injuries had taken treatment at various hospital

for more than 90 days however the tribunal has fixed very less amount. Further, the claimant has taken in-patient treatment for more than 90 days but the tribunal has awarded less amount for loss of income. Further, he submits that the tribunal has fixed only Rs.9,000/- as notional income of the claimant for a period of five months and also the tribunal has awarded very less amount in other heads. Hence,he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the claimant has sustained only partial permanent disability and the same was rightly appreciated by the tribunal and awarded compensation. Hence, he prays to dismiss this appeal.

5. Considering the fact that the accident was happened in the year 2018 and also considering the cost of living at the time of the accident, this Court is inclined to fix Rs.12,000/- as notional income of the claimant for a period of five months. Accordingly, the claimant is entitled to Rs.60,000/- under the head of loss of income. Further, this Court is inclined to fix Rs.7,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.1,33,000/- under the head of disability. Further, the claimant has taken in-patient treatment for 90

days hence this Court is inclined to enhance the compensation for atteender charges from Rs.22,000/- to 40,000/- and for also transportation charges from Rs.5,000/- to Rs.10,000/- and the claimant has sustained grevious injuries he would have to take nutritious food hence this Court inclined to enhance compensation for extra nourishment from Rs.10,000/- to Rs.15,000/-. 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.30,000/- Rs.30,000/- 2.

Loss of Income Rs.45,000/- Rs.60,000/- 3.

Medical Expenses Rs.63,500/- Rs.63,500/- 4.

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

Extra Nourishment Rs.10,000/- Rs.15,000/- 6.

Attender charges Rs.22,000/- Rs.40,000/- 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Rs.15,000/- Rs.15,000/- 9.

For permanent disability Rs.95,000/- Rs.1,33,000/- Total Rs.2,85,500/- Rs.3,66,500/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.3,66,500/-. The 2 nd 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.6763/2018 on the file of the MACT V Judge of Court of Small Causes (MACT) 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 excessuve amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

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

16-07-2025 pbl

To

1. The MACT V Judge of Court of Small Causes (MACT) Chennai

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

T.V.THAMILSELVI J.

pbl 16-07-2025