S.Thameen Ansari @ Tamin Ansari v. K.Ramu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. S.Thameen Ansari @ Tamin Ansari S/o Sathik Basha, No.15, Akkaiya Naidu Road, Water Tank 3rd Cross Street, Tiruttani, Thiruvallur District 631 209 Appellant(s) Vs

1. K.Ramu S/o Kuppusamy, No.1, M N Kuppam, Kolamedu, Thirukalukundram Taluk, Kancheepuram District 603 109 (First respondent herein was set exparte.

Hence notice in the appeal against him may be dispensed with) 2.Shriram General Insurance Co Ltd Motor Third Party Claims Hub, No.5, Ramachandran Street, Srivaram, Perungudi, Chennai 600 096 Respondent(s)

PRAYER To set aside the Order dated 20.02.2025 passed by the Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accident Claims Petitinons) Small Causes Court, Chennai made in MCOP.No. 5583 of 2018 and enhance the award by allowing the appeal with interest from the date of filing of the claim petition till date of payment with costs and thus render justice For Appellant(s):

Mr. V.Venkatesan For Respondent(s):

Mr.B.Sivakollapan For R2

ORDER

This petition has been filed to set aside the Order dated 20.02.2025 passed by the Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accident Claims Petitinons) Small Causes Court, Chennai made in MCOP.No. 5583 of 2018 and enhance the award by allowing the appeal.

2. On 26.06.2018 at about 18.30 hours, while the petitioner was driving the load auto bearing registeration No. TN 73 E 0330 from Thirukalukundram to Nerumbur Main Road near Thirukalukundram Court on proper side of the road at that time the JCB(earth moving equipment MMV) bearing registration No. TN 21 L 5051 driven by its driver in a rash and negligent manner came in

the opposite direction to his wrong side and hit the load auto and caused the accident. Thereby the petitioner sustained grievous injuries result on amputation of right leg. Thereafter the claimant filed the petition before the tribunal claiming compensation and second respondent contested the case by filing counter. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned counsel for the appellant/claimant submits that the claimant is driver by profession due to the said accident his leg was amputated so that he is not able to do his regular work. Further, he submits that the petitioner has earned Rs.20,000/- per month but the tribunal fixed only Rs. 11,000/- as notional income of the deceased. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the claimant has not produced any income proof to prove the income hence the tribunal rightly fixed notional income which needs no interference.

5. Considering the cost of living at the time of the accident, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Accordingly, the

claimant is entitled to Rs. 29,98,800/-(15000+6000x12x17x70/100) under the head of disability.

5.1. The claimant has taken in-patient treatment for 50 days. Hence, this Court is inclined to enhance the amount awarded under the head of pain and sufferings from Rs.50,000/- to Rs.1,00,000/-. 5.2. Further, considering the distance between the claimant's residence and hospital, this Court is inclined to fix Rs.15,000/- as transportation expenses, and the claimant leg was amputated, he require extra nourishment for recovery hence this Court is inclined to enhance the amount awarded under the head of extra nourishment from Rs.10,000/- to Rs.25,000/-. Further, the claimant has lost his leg hence this Court is inclined to award Rs. 1,50,000/- for future medical expense to purchase artificial limb. The award passed under the head of loss of amenities is unwarranted. Accordingly, award passed under the head of loss of amenities is deleted.

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.50,000/- Rs.1,00,000/- 2.

Loss of Income Nil Nil 3.

Medical Expenses Nil Nil 4.

Transportation expenses Rs.4,000/- Rs.15,000/- 5.

Extra Nourishment Rs10,000/- Rs.25,000/- 6.

Attender charges Rs.15,000/- Rs.15,000/- 7.

Future medical expense Nil Rs.1,50,000/- 8.

Lost of amenities Rs.20,000/- Nil 9.

For permanent disability Rs.21,99,120/- Rs.29,98,800/- Total Rs.22,98,500/- Rs.33,03,800/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 33,02,800/-. The 2nd 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. 5583 of 2018 on the file of the Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accident Claims Petitinons) Small Causes Court, 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 excessive amount has already

been deposited before the tribunal.

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

21-08-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accident Claims Petitinons) Small Causes Court, Chennai.

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

T.V.THAMILSELVI J.

pbl 21-08-2025