P.Shriram, v. S.Varadarajan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. P.Shriram, S/o.Pandurangan, No.18, Roja Street, Thiruvalluvar Nagar, Avadi, Chennai - 600 069.
Appellant(s) Vs
1. S.Varadarajan, S/o.Selvaraj, No.4/15, Angalaparameswari Koil Street, Mettu Sekkadu, Kamaraj Nagar, Avadi, Chennai - 600 071. (R1 Set - Exparty in Trial Court on 11.10.2017) 2.United India Insurance Company Limited, Third Party Claim Office, Siling Building, IV Floor, (Present-Ist Floor) 134, Greams Road, Chennai- 600 006.
Respondent(s)
PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, prays to enhance the award from Rs.21,98,500/- to Rs.31,98,500/- in MCOP.No.1522/2017 on the file of Motor Accident Claim Tribunal (IV Small Causes Court at Chennai ) and thus render justice. For Appellant(s):
Ms.P.T.Saleem Fathima For Respondent(s):
Ms.R.Vijaya Kamala For R2 R1 - No Appearance JUDGEMENT The appellant has filed this appeal praying to enhance the compensation awarded in MCOP.No. 1522 of 2017 dated 12.11.2024 on the file of Motor Accident Claims Tribunal ( IV Small Causes Court), Chennai.
2. The brief facts of the case of the appellant/claimant are as follows: On 12.02.2017 at about 10.30 hrs, when the petitioner riding the motorcycle bearing Reg.No.TN.12F 4152 at CTH Road, at that time Tractor bearing Reg.No.TN 20 CV 4065 driven by its driver in a rash and negligent manner and hit on the backside of the petitioner's motorcycle. Due to that, petitioner sustained grievous injuries. The first respondent is the owner of the vehicle and the second respondent as an insurer of the offending vehicle.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.21,98,500/- 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.
4. 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.
5. 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.
6. 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.
7. The claimant is working in a private hotel and earning Rs.10,000/- per month. However, the appellant has not produced any document to prove his income. Considering the cost of living in the year 2017 and partial permanent disability of 42%, this Court reasonably fixes the monthly income at Rs. 14,000/- per month, with 40% addition towards future prospects. Due to the accident, the appellant would have been unable to attend to his regular work for at least ten months. Therefore, a sum of Rs.1,40,000/- (Rs.14,000 x 10 months) is awarded towards loss of income during the period of treatment and recovery. The compensation awarded under the other heads by the Tribunal is confirmed. Calculation Notional Income = Rs.14,000/- 40% Future Prospects = 14,000 + 5,600 = 19,600 Loss of earning capacity = 19,600 x 12m x 17 x 42/100 = Rs.16,79,328/-
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 11,99,520 16,79,328 2.
Loss of earning 1,00,000 1,40,000 3.
Pain and suffering 1,50,000 1,50,000 4.
Transportation 20,000 20,000 5.
Extra nourishment 25,000 25,000 6.
Attender charges 25,000 25,000 7.
Loss of Amenities 75,000 75,000 8.
Medical Expenses 6,04,013 6,04,013 Total 21,98,533 27,18,341 Rounded off 21,98,500 27,18,500
9. Thus, the compensation awarded by the Tribunal is enhanced from Rs.21,98,500/- to Rs.27,18,500/-, which shall carry interest at the rate of 7.5% per annum.
10. 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.21,98,500/- to Rs.27,18,500/-.
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. iv. The 2nd respondent, United India Insurance Co.Ltd., Chennai, is directed to deposit the enhanced compensation amount, i.e., Rs.27,18,500/- (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.A.C.T.O.P. No.1522 of 2017 on the file of the Motor Accidents Claims Tribunal (IV Small Causes Court), Chennai, within a period of eight weeks from the date of receipt or uploading of a copy of this order. v. On such deposit being made, 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. 25-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.S.Varadarajan, S/o.Selvaraj, No.4/15, Angalaparameswari Koil Street, Mettu Sekkadu, Kamaraj Nagar, Avadi, Chennai - 600 071. (R1 Set - Exparty in Trial Court on 11.10.2017) 2.United India Insurance Company Limited, Third Party Claim Office, Siling Building, IV Floor, (Present-Ist Floor) 134, Greams Road, Chennai- 600 006.
3.The Motor Accidents Claims Tribunal (IV Small Causes Court), Chennai.
4.The Section Officer, VR Section, High Court of Madras.
T.V.THAMILSELVI J.
rri 25-07-2025