M. Selvakumar v. K. Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M. Selvakumar S/o. Moorthiraman, No.15/6, Avvai Pudu Street, St. Panruti, Temporary Address Main Road, Maruthadu and post, Cuddalore Taluk Appellant(s) Vs

1. K. Prabhu S/o. Kaliyaperumal, No.147, Thideerkuppam, Melkavavanur, Paithambadi, Panruti-607 101, Cuddalore District 2.TATA AIG General Insurance Co., Ltd., 2md Floor, Samson Towers, Pantheon Road, Egmore, Chennai-600 008.

Respondent(s)

PRAYER To allow the appeal and enhance the compensation in MCOP No.4005/2018 dt. 15.12.2022 on the file of the Motor Accidents claims Tribunal/CJM Court, Cuddalore For Appellant(s):

Ramya V. Rao For Respondent(s):

R1 - Dispensed With J.Michael Visuvasam For R 2 JUDGEMENT This appeal has been filed to enhance the compensation in MCOP No.4005/2018 dated 15.12.2022 on the file of the Motor Accidents claims Tribunal/CJM Court, Cuddalore.

2. The brief facts of the case:

On 11.06.2018 at about 12.00 hours when the the claimant was riding his two wheeler bearing registration No. TN 31 F 0201 on the way to Chennai, on the extreme left side of Panruti to Chennai Salai, near Seenivasa Thirumana Mandapam, the first respondent's TVS XL bearing registration No. TN 31 BM 5627 came from south to north in a rash and negligent manner dashed the claimant, due to which the claimant sustained injuries. Thereafter, claimant filed the petition before the tribunal claiming compensation. After

considering the oral and documentary evidence the tribunal awarded a sum of Rs.9,10,070/- as compensation. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned counsel for the appellant submits the claimant was working as vessel maker earning Rs.60,000/- per month but the tribunal awarded only Rs.6,000/- per month. Further, he submits that the tribunal awarded very meagre amount for other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the tribunal has rightly fixed compensation which needs no interference.

5. Considering the facts and circumstances of the case, the claimant has sustained 55% disability and the accident was happened in the year 2018. Further, the claimant had sustained grevious injuries and taken in patient treatment. Hence, this Court is inclined to enhance monthly income of the claimant from Rs.6,000/- to 8,000/-. Further, the compensation granted by the Tribunal towards pain and sufferings, extra nourishment, are hereby enhanced

from Rs.40,000/- to 80,000/-, and Rs.10,000/- to Rs.20,000/-, respectively. Further, the tribunal omitted to fix award for loss of amenities and loss of income. Accordingly, this Court is inclined to fix Rs. 10,000/- for loss of amenities and Rs.45,000/- for loss of income. Except above modification, the judgment passed by the tribunal remain unchanged. S.N o.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.40,000/- Rs.80,000/- 2.

Loss of Income Nil Rs.45,000/- 3.

Medical Expenses RS.1,15,068/- Rs.1,15,068/- 4.

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

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

Attender charges Rs.40,000/- Rs.40,000/- 7.

Damages to cloths and article Rs.2,000/ Rs.2,000/- 8.

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

Loss of dependency Rs.6,93,000/- Rs.9,24,000/- Total Rs.9,10,070/- Rs.12,36,068/- Rounded off to Rs.12,36,100/-

6. Therefore, the compensation payable to the claimant is enhanced to Rs.12,36,100/-. The respondent/Insurance company is directed to deposit the

said amount along with interest ordered by trial Court to the credit of MCOP No.4005/2018, on the file of the Motor Accidents claims Tribunal/CJM Court, Cuddalore, 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.

7. With the above directions, the Civil Miscellaneous Appeal is partly allowed. No costs. Pending miscellaneous petition(s), if any, is/are closed. 06-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.K. Prabhu S/o. Kaliyaperumal, No.147, Thideerkuppam, Melkavavanur, Paithambadi, Panruti-607 101, Cuddalore District 2.TATA AIG General Insurance Co., Ltd., 2md Floor, Samson Towers, Pantheon Road, Egmore, Chennai-600 008.

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

4. The Motor Accidents claims Tribunal/CJM Court, Cuddalore

T.V.THAMILSELVI J.

pbl 06-06-2025