T.N.Saravanan v. V.Deepak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. T.N.Saravanan S/o. Nagaraj, No. 11-A, Thangaraj Street, Traffical Colony, Pallikaranai, Chennai-100.

Appellant(s) Vs

1. V.Deepak S/o. B.Vedhagiri, No. 11/209, Vengatesan Street, Medavakkam, Chennai-100.

2.The Oriental Insurance Co. Ltd Oriental House 2nd Floor, O.No.115, N.No.216, Prakasam Salai, Broadway, Chennai-108.

Respondent(s)

PRAYER To allow this CMA by enhancing the Compensation awarded in the Judgment and Decree, dated 31.01.2025, Passed in MCOP No. 1229 of 2018, on the file of the Motor Accident Claims Tribunal (in the III Court of Small Causes, Chennai) For Appellant(s):

K.Balaji For Respondent(s):

M/s. J. Chandran For R2 JUDGEMENT This Civil Miscellaneous Appeal has been filed for enhancing the Compensation awarded in the Judgment and Decree, dated 31.01.2025, Passed in MCOP No. 1229 of 2018, on the file of the Motor Accident Claims Tribunal (in the III Court of Small Causes, Chennai)( in short ''tribunal'').

2. On 29.07.2017, at about 04.30 hours, while the claimant was riding the motorcycle bearing registration No. TN 04 AR 1877 proceeding at Velachery Main Road, Near Sivan Koil, Pallikaranai, Chennai, at that time the motorcycle bearing registration No. TN 14 J 3009 riding its driver, riding in a very rash and negligent manner hit the claimant's motorcycle, due to which, the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the

tribunal claiming compensation. The respondent Insurance company alone contested the case by filing counter. After considering the oral and documentary evidence,the tribunal awarded a sum of Rs.1,51,000/- as compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the claimant submits that the claimant has earned a sum of Rs.20,000/- as income but the tribunal fixed Rs.13,000/- as income of the claimant, which is very meagre amount and also the tribunal has not adopted multiplier method. Hence, he prays to enhance the compensation.

5. The learned counsel for the contesting respondent submits that the tribunal has rightly passed the award which needs no interference.

6. Considering the facts and circumstances of the case, the accident was happened in the year 2017 and also the claimant was working as Kovil Gurukkal. Hence, this Court is inclined to enhance the monthly income of the claimant from Rs.13,000/- to Rs.16,000/-. Accordingly, the claimant is entitled to Rs.80,000/- under the head of loss of income. Further, the claimant suffered

with grevious injuries. Hence, this Court is inclined to award Rs.7,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.98,000/- under the head of disability. Further, this Court is inclined to enhance compensation for pain and sufferings from Rs.10,000/- to Rs.20,000/-, and for transportation charges from Rs.2,000/- to Rs.5,000/-, and for extra nourishment from Rs.5,000/- to 10,000/-, and for attender charges from Rs.300/- to Rs.1000/- , and for loss of amenities from Rs. 5,000/- to Rs.10,000/- Except above modification, the award passed by the tribunal in other heads remain unchanged.

7. 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.20,000/- 2.

Loss of Income Rs.26,000/- Rs.80,000/- 3.

Medical Expenses Rs.31,719/- Rs.31,719/- 4.

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

Extra Nourishment Rs.5,000/- Rs.10,000/- 6.

Attender charges Rs.300/- Rs.1,000/-

S.No.

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

Damages to cloths and article Rs.1,000/ Rs.1,000/- 8.

Lost of amenities Rs.5,000/- Rs.10,000/- 9.

For disability Rs.70,000/- Rs.98,000/- Total Rs.1,51,019/- Rs.2,56,719/- Rounded off to Rs.2,56,800/-

8. Therefore, the compensation payable to the claimant is enhanced to Rs.2,56,800/-. The 2 nd respondent/Insurance company is directed to deposit the said amount to the credit of MCOP No. 1229 of 2018, on the file of the Motor Accident Claims Tribunal (in the III Court of Small Causes, Chennai),within a period of eight weeks from the date of receipt of a copy of this judgment. On Such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

9. With the above directions, the Civil Miscellaneous Appeal is partly allowed. No costs. Pending miscellaneous petition(s), if any, is/are closed. 24-06-2025 pbl

To 1.V.Deepak S/o. B.Vedhagiri, No. 11/209, Vengatesan Street, Medavakkam, Chennai-100.

2.The Oriental Insurance Co. Ltd Oriental House 2nd Floor, O.No.115, N.No.216, Prakasam Salai, Broadway, Chennai-108.

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

4. The Motor Accident Claims Tribunal (in the III Court of Small Causes, Chennai)

T.V.THAMILSELVI J.

pbl 24-06-2025