M.Gayathri v. S.Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M.Gayathri W/o. Muthukrishnan, No. B13/318, Kendriya Vihar, Velappanchavadi, Chennai 77 Appellant(s) Vs

1. S.Ravichandran No.9, Post Office Street, Mannady, Chennai 001.

2.The New India Assurance Co.Ltd.

No.45, Moore St, Chennai 002 Respondent(s) PRAYER To enhance the amount awarded in M.C.O.P. No. 122 of 2015 dated 21.03.2024 on the file of the Motor Accidents Claims Tribunal (III Small Causes Court), Chennai

For Appellant(s):

Mr.K.Varadha Kamaraj For Respondent(s):

R2 -no Appearance R1 - No Such Person JUDGEMENT This petition has been filed to enhance the amount awarded in MCOP No. 122 of 2015 dated 21.03.2024 on the file of the Motor Accidents Claims Tribunal(III Small Causes Court), Chennai.

2. On 06.08.2014 at about 21 hours while the claimant was travelling as pillion rider in a motorcycle bearing registration No. TN 11 J 1560 along the Madurvoyal to Poonamalli Main Road, Near KVN Thirumana Mandapam, left side of the road from East to West direction, at that time Lorry bearing registration No. TN 01 B 2911, was coming from same direction in a rash and negligent manner dashed against the petitioner on his behind and thereby caused the grievous injuries. Thereafter, the petitioner/claimant filed the petition before the tribunal claiming compensation and second respondent 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 petitioner submits that the claimant has produced medical bills for a sum of Rs. 4,19,742/-. Though the tribunal has admitted that the claimant has took treatment in the hospital and undergone three surgeries it failed to award the amount under the head of medical bills and also awarded very less amount in other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the claimant produced the xerox copies of the medical bills. Hence, the Tribunal rightly declined to award amount under the head of medical bill. Hence, he prays to dismiss this appeal.

5. Considering the fact that the accident was happened in the year 2014 and the medical bills were marked as Ex.P14 for a sum of Rs. 4,19,742/-. The Tribunal has accepted the treatment taken by the claimant. But it has failed to award amount under the head of medical bill despite

marking the medical bills, as such is unsustainable. This Court is inclined to award Rs.4,19,742/- under the head of medical bills. Further, the accident was happened in the year 2014 but the tribunal has awarded very less amount under the head of notional income. Hence, this Court is inclined to award Rs.12,000/- under the head of notional income. Due to the accident the claimant would have lost his income for a period of 8 months. Hence, this Court is inclined to award Rs.96,000/- under the head of loss of income for 8 months. Further, the accident happened in the year 2014 hence, this Court is inclined to fix Rs.4,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs. 1,00,000/- under the head of disability. Further, the tribunal has awarded very meagre amount in other heads.

Considering the cost of living at the time of the accident, this Court is inclined to enhance the award for pain and sufferings, transportation and extra nourishment and demages to clothes and loss of amenities from Rs.30,000/- to Rs.75,000/-, from Rs.4,000/- to Rs.15,000/-, from Rs.10,000/- to Rs.25,000/-, from Rs.1000/- to Rs.

Rs.10,000/- to Rs.25,000/-, respectively.

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. 30,000/- Rs.75,000/- 2.

Loss of Income Rs.13,000/- Rs. 96,000/- 3.

Medical Expenses Nil Rs.4,19,742/- 4.

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

Extra Nourishment Rs.10,000/- Rs. 25,000/- 6.

Attender charges Rs. 8400/- Rs. 8400/- 7.

Damages to cloths and article Rs.1000/- Rs.2000/- 8.

Lost of amenities Rs.10,000/- Rs.25,000/- 9.

For permanent disability Rs. 75,000/- Rs.1,00,000/- Total Rs. 1,51,400/- Rs.7,66,142/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 7,66,142/-. The 2 nd 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 M.C.O.P. No. 122 of 2015 on the file of the Motor Accidents Claims Tribunal (III 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.

07-08-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accidents Claims Tribunal (III Small Causes Court), Chennai.

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

T.V.THAMILSELVI J.

pbl 07-08-2025