M.Sabari v. R.Balasundaram
CMA NO. 1954 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA NO. 1954 of 2023 M.Sabari s/o Munian, No.318, Ponniamman Colony, Kalaignar 1st street, Nanmangalam, Chennai Appellant(s) Vs R.Balasundaram No.4, Nehru Nagar, 1st street, Perungudi, Chennai 96 and another Respondent(s) For Appellant(s):
T.G.Balachandran For Respondent(s):
C.Paranthaman For R2 R1 - No Appearance
ORDER
Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellant.
2. Mr.T.G.Balachandran, learned counsel appearing for the appellant and Mr.C.Paranthaman, learned counsel appearing for the second respondent are present.
3. It is brought to the notice of this Court that some error has been
crept in paragraph Nos.7, 8 & 9 of the Judgment dated 10.06.2025. The said paragraph Nos.7, 8 & 9 are to be replaced as follows: " 7. On perusal of the award passed by the Tribunal below, it is revealed that at the time of the accident, the claimant was 28 years old and was working as a mason. The accident occurred in the year 2017, and due to the grievous injuries sustained, he was unable to resume work as before. Considering the nature of the injuries sustained by the claimant and the prevailing cost of living, this Court is inclined to fix the disability at 30%. The notional monthly income is enhanced from Rs.10,500/- to Rs.12,000/-. Further, taking into account the functional disability as evidenced by Ex.
C1- the dis-ability certificate issued by Medical board, an addition of 40% made towards future prospects, thereby increasing the total monthly income to Rs.16,800/- (i.e., Rs.12,000 + Rs.4,800). A multiplier of 17 is to be applied in this case. In addition, the compensation awarded by the Tribunal under the head of pain and sufferings is enhanced from Rs.40,000/- to Rs.70,000/-, and transportation charges are enhanced from Rs.4,000/- to Rs.10,000/-. As the claimant took inpatient treatment in a Government Hospital, this Court is also inclined to award Extra nourishment - Rs.
Rs.50,000/- and Loss of amenities - Rs.50,000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.
8. In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:
Sl.
No Compensation awarded under the head Amount (in Rs.). awarded by the High Court Loss of earning capacity 10,28,160 (16,800 x 12m x17 x 30/100 = 10,28,160/- Pain and suffering 70,000 Transportation Charges 10,000 Extra Nourishment 20,000 Attender Charges 50,000 Loss of Amenities 50,000 Total 12,28,160/- Rounded off to Rs.12,28,200/-
9. Thus, the compensation awarded by the Tribunal is enhanced from Rs.3,02,900/- to Rs.12,28,200 /-. The Second respondent - insurance company is directed to deposit the
enhanced compensation of Rs.12,28,200/-, after deducting the amount already deposited, together with interest at 7.5% per annum from the date of the claim petition till the date of deposit, within a period of eight weeks from the date of receipt of a copy of this Judgment. Insofar as the enhanced compensation is concerned, the deficit Court fee, if not already paid, shall be paid by the claimant. The other directions issued by the Tribunal with regard to the mode of payment of compensation shall remain unaltered."
4. Registry is directed to incorporate the above paragraph Nos.7,8 & 9 quoted above and issue fresh order copy to the parties forthwith.
5. In other respects, the order dated 10.06.2025 shall remain unaltered.
02.07.2025 rri
T.V.THAMILSELVI, J.
rri CMA NO. 1954 of 2023 02.07.2025