S.Varsha (Minor) v. C.Vijaya Gopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. S.Varsha (minor) Rep.by M.N.F.S. Guru Sundhari, D/o.
Sampath, No.248, 3 rd Street, Govindharajapuram, Palavedu Post, Avadi, IAF, Chennai 55.
Appellant(s) Vs
1. C.Vijaya Gopal No.9, Hyder Garden, Jamaliya, Chennai HP with Chandan Prakash Finance, Chennai 11.
2.The United India Insurance Co.Ltd., Motor III Party Claims Office, Shillingi Building, 134, Greams Road, Chennai 6.
Respondent(s) PRAYER To set aside the Judgement and Decree dated 05.11.2019 passed in MCOP
No.4277 of 2016 by the Motor Accident Claims Tribunal Chennai (In the IV Judge Court of Small Causes) and enhance the award amount in the interest of justice For Appellant(s):
Mr .F.Terry Chella Raja For Mr.M.Pachaiyappan For Respondent(s):
M/s.R.Ratna Thara For R 2 R1Exparte COMMON JUDGEMNT CMA No. 1806 of 2023 has been filed to set aside the Judgement and Decree dated 05.11.2019 passed in MCOP No.4277 of 2016 by the Motor Accident Claims Tribunal Chennai (In the IV Judge Court of Small Causes) ( in short ''tribunal'')
2. The Brief facts of the case:
On 29.02.2016 at about 01.30 p.m., the claimants were travelling as passengers in the auto-rickshaw bearing registration No. TN-05-AH-4560, at C.T.H. Road, from Tirunindravur to Koodambakkam, and when the autorickshaw was plying at the end portion of the overbridge in Tirunindravur near the Government Hospital, the driver of the auto-rickshaw drove the vehicle in a rash and negligent manner and endangering public safety, and hit the left side of
the unknown TATA ACE van, and as a result, the claimants sustained grievous injuries. The accident occurred only on account of the rash and negligent driving of the auto-rickshaw by its driver. Thereafter the claimants filed the petition before the tribunal claiming compensation. The Insurance company contested the case by filing counter. On considering oral and documentary evidence the tribunal awarded a sum of Rs.89,300/- as compensation. Challenging the quantum of compensation the claimant preferred this appeal.
3. The learned counsel for the claimant submits that claimant sustained 30% disability but tribunal has taken only 15 % for disability which is unsustainable and also awarded very meagre amount as compensation. 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 the accident was happened in the year 2016 and also through P.W.3/Doctor and Ex.P14/Disability certificate the claimant proved her 30% disability. But tribunal has taken only 15% disability which is erroneous. Hence, this Court is inclined to fix 30% disability for the claimant.
Further, the accident was happened in the year 2016. Hence, this Court is inclined to award Rs.6,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.1,80,000/- under the head of disability.
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.15,000/- Rs.15,000/- 2.
Transportation expenses Rs.5,000/- Rs.5,000/- 3.
Extra Nourishment Rs.5,000/- Rs.5,000/- 4.
Attender charges Rs.3,300/- Rs.3,300/- 5.
Damages to cloths and article Rs.1,000/ Rs.1,000/- 6.
Lost of amenities Rs.15,000/- Rs.15,000/- 7.
For disability Rs.45,000/- Rs.1,80,000/- Total Rs.89,300/- Rs.2,24,300/-
7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.2,24,300/-. 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 MCOP No.4277 of 2016, on the file of the Motor Accident Claims Tribunal Chennai (In the IV
Judge Court of Small Causes), 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 deposited before the tribunal.
8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.
19-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.C.Vijaya Gopal No.9, Hyder Garden, Jamaliya, Chennai HP with Chandan Prakash Finance, Chennai 11.
2.The United India Insurance Co.Ltd., Motor III Party Claims Office, Shillingi Building, 134, Greams Road, Chennai 6.
3. The Section Officer, V.R Section, High Court, Madras.
4. The Motor Accident Claims Tribunal Chennai (In the IV Judge, Court of Small Causes).
T.V.THAMILSELVI J.
pbl 19-06-2025