Shanmugam v. Aruchamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SHANMUGAM S/o.Karuppan, (Rep by his next friend/Son Vignesh, S/o.Shanmugam) No.45-B Perumal Kovil Street, Konavaikalpalayam, Velalore Road, Coimbatore South, Podanur, Coimbatore-641 023 Appellant(s) Vs

1. ARUCHAMY S/o. Rangan, No.3/37, Harijana Colony, Pachpalayam, Coimbatore South, Coimbatore-641 105 2.Palanisamy S/o. Marappa GR, No.107-A,Senguptha Street, Ramnagar, Coimbatore-641 009 3.United India Insurance Company Limited Regional Office, No.17B, Dr.Nanjappa Road, Coimbatore-641 018 ( No relief

sought against the respondents 1 and 2.

Hence notice may be dispensed with) Respondent(s) PRAYER To allow the above Civil Miscellaneous Appeal and enhance the award in judgment and decree dated 28.02.2024 made in M.C.O.P.No.331 of 2021 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore and allow the above Civil Miscellaneous Appeal and thus render justice. For Appellant(s):

Mr.C.Prabakaran For Respondent(s):

Mr.D.Venkateshwaran For R3

ORDER

This Civil Miscellaneous appeal has been filed to enhance the award in judgment and decree dated 28.02.2024 made in M.C.O.P.No.331 of 2021 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore.

2. On 21.01.2021 at about 06.30 a.m on the coimbatore to Pollachi Main Road Rathinam College Opposite Seven Hills Bakery, when the claimant tried to cross the road in cycle, the tipper lorry bearing registration No. TN 66 E 2052 driven by its driver in a rash and negligent manner dashed against the appellant, due to which the appellant sustained injuries. Thereafter, the claimant filed the

petition before tribunal claiming compensation. The third 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 appellant/claimant submits that due to the said accident the claimant sustained head injuries and he is not able to speak and express his opinion to meet out his basic needs. But without considering the above, the medical board assessed 40 % disability and also it is fit case to adopt multiplier but the tribunal adopted per percentage method. The claimant was worked as security, now the claimant is suffered with mental disability and he has not recovered yet. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that as per discharge summary the claimant has sustained Head injury-acute SDH, Hemorrhagic contusion and he was taken in-patient treatment for 45 days and sustained other multiple injuries. Therefore, the tribunal rightly assessed 40% disability and there is no functional disability.

5. Considering the gravity of injuries sustained by the claimant as on date the claimant is not recovered yet and he is not able to do his routine work. Hence, this Court is inclined to adopt multiplier method and take 20 % as disability. Accordingly, the claimant is entitled to Rs.3,72,600/- ( 15,000+2250x12x9x20/100 ) under the head of disability. Further, this court is inclined to reduce the amount awarded under the head of pain and sufferings from Rs.1,00,000/- to Rs.50,000/-. Further, this Court is inclined to enhance the amount awarded under the head of loss of income from Rs.10,000/- to Rs,20,000/- and also inclined to enhance amount awarded under the head of nutrition from Rs.15,000/- to Rs.20,000/-. Further, this Court is inclined to enhance the amount awarded under the head of transportation from Rs. 10,000/- to Rs.

15,000/- and also the claimant has taken in-patient treatment for 45 days. Hence, this Court is inclined to enhance the amount awarded under the head of attender charges to Rs.25,000/-. Except above modification the award passed by tribunal in 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.1,00,000/- Rs.50,000/- 2.

Loss of Income Rs.60,000/- Rs.60,000/- 3.

Medical Expenses Rs.10,04,670/- Rs.10,04,670/- 4.

Transportation expenses Rs. 10,000/- Rs.15,000/- 5.

Extra Nourishment Rs.15,000/- Rs. 20,000/- 6.

Attender charges Rs. 15,000/- Rs. 25,000/- 7.

Damages to cloths and article Rs. 5,000/- Rs. 5,000/- 8.

Lost of amenities Rs. 50,000/- Rs. 50,000/- 9.

For permanent disability Rs.2,00,000/- Rs. 3,72,600/- Total Rs. 14,59,670/- Rs. 16,02,270/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 16,02,270/-. The 3 rd 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.331 of 2021 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Coimbatore, 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.

31-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accident Claims Tribunal, Special Sub Court, Coimbatore.

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

T.V.THAMILSELVI J.

31-07-2025