Jayanthi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Jayanthi W/o. Lakshmanakumar, No. 4391/1, Anna Cross Street, Vallalar Nagar, Thandalam Chettithangal, Ranipet District-401.

Appellant(s) Vs

1. The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai-002 Respondent(s) PRAYER To allow this CMA by enhancing the compensation awarded in the Judgment and Decree, dated 22.01.2025, passed in MCOP No. 1593 of 2020, on the file of the Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai) and pass such further order or orders as this Honble Court.

For Appellant(s):

Mr.K.Balaji For Respondent(s):

Mr.M.Murali Vinodh JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation awarded in the Judgment and Decree, dated 22.01.2025, passed in MCOP No. 1593 of 2020, on the file of the Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai) ( in short ''tribunal'').

2. On 12.03.2020 at about 09.00 hours,when the claimant was travelling as pillion rider on the motorcycle bearing registration No. TN 73 M 0214, at that time MTC bus bearing registration NO. TN 01 N 9194 driven by its driver in a rash and negligent manner hit the said motorcycle due to which the claimant sustained injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The respondent contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a compensation. Challenging the quantum of compensation the

claimant filed this appeal.

3. The learned counsel for the appellant submits that the claimant has sustained multiple injuries and the medical board has awarded 15 % disability but the tribunal awarded Rs.7,000/- per percentage of disability which is very meagre and also failed to adopt multiplier method. Further the accident was happened in the year 2020 but the tribunal has fixed only Rs.8,500/- as income of the claimant. 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 of the case, the accident was happened in the year 2020 and also cost of living at the time of the accident. This Court is inclined to fix Rs.9,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.1,35,000/- under the head of disability and this Court inclined to enhance compensation under the head of loss of income from Rs. 42,500/- to Rs.75,000/- (5x15,000/-). Further, this Court is inclined to enhance compensation for transportation expenses from Rs.5,000/- to Rs.10,000/- and Rs.15,000/- for extra nourishment and Rs.15,000/- for attender charges. Except above

modification, the award passed by the tribunal under other heads remain unchanged.

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.50,000/- Rs.50,000/- 2.

Loss of Income Rs.42,500/- Rs.75,000/- 3.

Medical Expenses Nil Nil 4.

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

Extra Nourishment Rs.10,000/- Rs.15,000/- 6.

Attender charges Rs.10,000/- Rs.15,000/- 7.

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

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

For permanent disability Rs.1,05,000/- Rs.1,35,000/- Total Rs.2,49,500/- Rs.3,27,000/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 3,27,000/-. The 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 Motor Accident Claims Tribunal (In the IV 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 appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

16-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai-002.

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

3. The Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai)

T.V.THAMILSELVI J.

pbl 16-07-2025