Meenal v. V.Devendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. MEENAL W/o.Subbaiya, No.1, Pulavar Govindan Street, West Gandhi Nagar, Avadi, Chennai-600054 Appellant(s) Vs

1. V.Devendran S/o.Venkat, No.59, Ranganathan Nagar, Annamalai Nagar, 4th Cross Street, Avadi, Chennai-600054 2.United India Insurance Co. Ltd.

No.48, Chandra Palaza, Arcot Road, Saligram, Chennai-600093 (No relief sought against the 1st Respondent hence notice may be dispensed with) Respondent(s) For Appellant(s):

Mr.C.Prabakaran For Respondent(s):

Mrs.C.Harini For

M/s.M.B.Gopalan Associates For R2 PRAYER: This Civil Miscellaneous Appeal has been filed under the Section 173 of Motor Vehicles Act, 1988, to enhance enhance the award in judgement and decree dated 04.07.2023 made in MCOP No. 626 of 2019 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Poonamallee, Thiruvallur District.

JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the award in judgement and decree dated 04.07.2023 made in MCOP No. 626 of 2019 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Poonamallee, Thiruvallur District.

2. On 07.11.209 at about 08.50 p.m, the claimant was travelling as pillion rider on a TVS Jupiter bearing registration No. TN 12 AC 9610 ridden by her daughter, along with here grandson,on the safer side of the N.M Road, from East towards west and a motorcycle bearing registration No. TN 12 AD 0637, ridden by its rider in a rash and negligent manner hit behind the claimant's travelling vehicle, due to the claimant sustained grievous injuries all over the body in the accident and was immediately taken to the hospital. Thereafter, the

claimant filed the petition before the tribunal claiming compensation. The second respondent herein 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 appellant/claimant submits that the claimant was doing catering work at the time of the accident and also he was sustained grievous injuries but the tribunal has not awarded compensation under the head of loss of income and other heads. Further, the claimant has sustained permanent disability the tribunal ought to have adopted multiplier method without which it adopted per percentage method hence he prays to enhance the compensation.

4. The learned counsel for the second respondent raised strong objection stating that the claimant has sustained only partial disability hence the tribunal rightly fixed compensation which needs no interference. Hence, he prays to dismiss this appeal.

5. Considering the facts of the case and also the cost of living at the time of the accident, this Court is inclined to fix Rs.8,000/- per percentage of

disability. Accordingly, the claimant is entitled to Rs.80,000/- under the head of disability. Further, this Court is inclined to fix Rs.12,000/- as notional income of the claimant and claimant would have lost his income for four months. Accordingly, the claimant is entitled to Rs.48,000/- under the head of loss of income. Further, the claimant would have taken extra nourishment for the injury. Hence, this Court is inclined to enhance the compensation awarded under the head of extra nourishment from Rs.2,000/- to Rs.10,000/- and also inclined to enhance the award passed under the head of transportation from Rs.2,000/- to Rs.10,000/-. 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.10,000/- Rs.10,000/- 2.

Loss of Income Nil Rs.48,000/- 3.

Medical Expenses Rs.30,056/- Rs.30,056/- 4.

Transportation expenses Rs.2,000/- Rs.10,000/- 5.

Extra Nourishment Rs.2,000/- Rs.10,000/- 6.

For permanent disability Rs.50,000/- Rs.80,000/-

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 7.

Mental Agony Rs.25,000/- Rs.25,000/- Total Rs.1,19,056/- Rs.2,13,056/- Rounded off to Rs.2,13,000/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 2,13,000/-. The second 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. 626 of 2019 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Poonamallee, Thiruvallur District, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

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

29-07-2025 pbl

T.V.THAMILSELVI J.

pbl To

1. The Motor Accident Claims Tribunal, Subordinate Judge, Poonamallee, Thiruvallur District.

2. The Section Officer, V.R Section, High Court, Madras. 29-07-2025