Sankaranarayana v. Srei Equipments Finance Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SANKARANARAYANA S/o. Ashok Kumar, No. 4/97, Balaji Nagar, 2nd Cross Street, Periya Kolunthuvancherri, Ayyappanthangal, Chennai 600 122 Appellant(s) Vs

1. Srei Equipments Finance Private Limited No.21, Casa Major Road, Egmore, Chennai 008 2.The Manager IFFCO - TOKYO General Insurance Company Ltd. Motor Third Party Cell, No. 128, Habibullah Road, Dharmapuram, T.Nagar, Chennai 017 Respondent(s)

PRAYER To enhance the awarded dated 10.01.2024 in MCOP No. 138 of 2018 on the file of Before the Motor Accident Claims Tribunal, In the II Judge, Court of Small Causes, Chennai.

For Appellant(s):

Mr.K.Ayyadurai For Mr.

P.Cheralaadhan For Respondent(s):

Mr. K.Poomalai For R2 R1 - Vacated O R D E R This matter is listed today under the caption "For being mentioned" at the instance of the learned counsel for the petitioner.

2. It is brought to the notice of this Court that some typographical error has been crept in Paragraphs Nos.4,5,6 and 7 of the order dated 18.07.2025. Hence, the same is to be replaced as follows: " 4. The learned counsel for the Insurance company submits that the tribunal has rightly fixed notional income of the injured which needs no interference. Hence, he prays to dismiss this appeal.

5. Considering the facts of the case, the claimant was studying B.E II year at the of the accident and also the claimant has

sustained 72% disability. Hence, this Court is inclined to fix Rs.16,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.34,83,648/-{22,400x12x18x72/100) under the head of disability. 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.1,00,000/- Rs.1,00,000/- 2.

Loss of Income Nil Nil 3.

Medical Expenses Rs.10,58,495/- Rs.10,58,495/- 4.

Transportation expenses Rs.50,000/- Rs.50,000/- 5.

Extra Nourishment Rs.50,000/- Rs.50,000/- 6.

Attender charges Rs.50,000/- Rs.50,000/- 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Rs.1,00,000/- Rs.1,00,000/- 9.

For permanent disability Rs.26,12,736/- Rs.34,83,648/- Total Rs.40,21,231/- Rs.48,92,143/- Rounded off to Rs.48,92,200/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 48,92,200/-. The second 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 MCOP No. 138 of 2018 on the file of Before the Motor Accident Claims Tribunal, In the II Judge, Court of Small Causes, Chennai, within a period of 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 second respondent may deduct the amount, if any amount has already deposited before the tribunal.

3. The time for deposit is extended for a further period of three weeks from the date of receipt of a copy of this order.

4. Registry is directed to carry out necessary correction in the Order and issue fresh order copy.

5. In other respects, the order dated 18.07.2025 shall remain unaltered. 05-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn

To 1.Srei Equipments Finance Private Limited No.21, Casa Major Road, Egmore, Chennai 008 2.The Manager IFFCO - TOKYO General Insurance Company Ltd. Motor Third Party Cell, No. 128, Habibullah Road, Dharmapuram, T.Nagar, Chennai 017.

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

4. The Motor Accident Claims Tribunal, In the II Judge, Court of Small Causes, Chennai.

T.V.THAMILSELVI J.

smn 05-08-2025