P.S.Daniel Kamal v. M/S. St. Joseph College Of Engineering
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. P.S.Daniel Kamal S/o. Sivaprakasam, No. 16B, D.No. 10, 1st Floor, Sriram Flats, 1st Cross Street, Ramappa Nagar, Perungudi, Chennai Appellant(s) Vs
1. M/s. St. Joseph College Of Engineering Old Mahabalipuram Road, Semmancherry, Chennai 119 2.United India Insurance Co Ltd.
Motor Third Party Hub, Silingi Building, 4th Floory, No. 134, Greams Road, Chennai 006 Respondent(s)
PRAYER To enhance the compensation amount in Judgment and Decree dated 26.07.2023 in M.C.O.P. No. 4864 / 2019 on the file of the Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai) to a just and reasonable amount, with costs.
For Appellant(s):
Mr.R.Nalliyappan For Respondent(s):
Mrs.R.Rathna Thara For R2 R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation amount in Judgment and Decree dated 26.07.2023 in M.C.O.P. No. 4864 / 2019 on the file of the Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai).
2. On 24.06.2019 at about 19.20 hours when the claimant was riding the motorcycle bearing registeration No. TN 09 CE 3111 at the junction of Madipakkam MRTS Road & Ram Nagar North 7 th Main Road towards Kialveli direction, at the time the car bearing registeration No. TN 14 J 1735 came in a rash and negligent manner dashed against the claimant's motorcycle due to which the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. After considering the oral
and documentary the tribunal awarded compensation of Rs. 2,76,300/-. Challenging the quantum of compensation, the claimant filed this appeal.
3. The learned counsel for the claimant submits that the claimant has sustained grievous injuries and he undergone surgery but without considering the injuries sustained by the claimant, the tribunal awarded very less amount. Hence, he prays to enhance the compensation.
4. The learned counsel for the second respondent submits that the tribunal has rightly fixed the compensation which needs no interference. Hence, he prays to dismiss this appeal.
5. Considering the fact that the accident was happened in the year 2019 and also considering the cost of living at the time of the accident, this Court is inclined to fix Rs.8,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.2,00,000/- under the head of disability.
6. Further, the claimant has undergone surgery and taken inpatient treatment for 10 days. Hence, this Court is inclined to enhance the amount awarded under the head of pain and sufferings from Rs.20,000/- to Rs.30,000/- and also for transportation expenses from Rs.4,000/- to Rs.10,000/-. Further, the
claimant has taken inpatient treatment for 10 days hence this Court is inclined to enhance the amount awarded under the head of attender charges from Rs.3,000/- to Rs.12,000/-. Further, the claimant would have lost his income for 4 months but the tribunal has fixed only for 2 months. Hence, this Court is inclined to enhance the awarded amount from Rs.28,000/- to 56,000/- under the head of loss of income for four months. Further, this court is inclined to enhance the amount awarded for damages to clothes from Rs.1000/- to 5,000/-. 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.20,000/- Rs.30,000/- 2.
Loss of Income Rs.28,000/- Rs.56,000/- 3.
Medical Expenses Rs.75,283/- Rs.75,283/- 4.
Transportation expenses Rs.4,000/- Rs.10,000/- 5.
Extra Nourishment Rs.10,000/- Rs.10,000/- 6.
Attender charges Rs.3,000/- Rs.12,000/- 7.
Damages to cloths and article Rs.1,000/- Rs.5,000/- 8.
Lost of amenities Rs.10,000/- Rs.10,000/-
S.No.
Head Compensation awarded by the Tribunal Compensation awarded by this Court 9.
For permanent disability Rs.1,25,000/- Rs.2,00,000/- Total Rs.2,76,283/- Rs.4,08,283/- Rounded off to Rs.4,08,300/-
8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 4,08,300/-. 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. 4864 / 2019 on the file of the Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai), within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the 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.
9. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.
31-07-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai)
2. The Section officer, V.R Section, High Court, Madras.
T.V.THAMILSELVI J.
pbl 31-07-2025