Sanmugam v. Varadharajan Piradeep Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. SANMUGAM S/o. Thulasingam, Old No. 30, New No. 35, Vellala Street, Kodambakkam, Chennai District 600 024 Appellant(s) Vs
1. Varadharajan Piradeep Kumar Old No. 99, New No. 2, 1st Floor, Gill Nagar, Chennai 094 2.Royal Sundharam General Insurance Co.Ltd.
No.1, 2nd Floor, Subramanyam Building, Club House Road, Chennai 002 Respondent(s) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to enhance the amount awarded in MCOP No. 928 of 2023 on the file of the Motor Accidents Claims Tribunal (In the II Special Judge Court of Small Causes, Chennai).
For Appellant(s):
U.Chithambaram
For Respondent(s):
R2 - No Appearance R1- Want For Correct Address JUDGEMENT The appellant has filed this appeal against the award passed in MCOP.No.928 of 2023 on the file of the Motor Accidents Claims Tribunal (In the II Special Judge Court of Small Causes, Chennai), dated 24.06.2024.
2. The brief facts of the case of the appellant/claimant are as follows: On 21.01.2023 at about 1.30 p.m. While the petitioner was walking as a pedestrian in front of a Tasmac shop at Kodambakkam, Arcot Road, from north to South, the first respondent, who was riding a motorcycle bearing Registration No.TN-04-AL-8106, came at a dangerous speed in a rash and negligent manner, endangering public safety, and sashed against the petitioner. The accident occurred solely due to the rash and negligent riding of the said motorcycle. The first respondent, being the owner of the motorcycle, and the second respondent, being the insurer of the said vehicle.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.2,18,230/- as compensation, directing the 2 nd respondent to pay the said amount to the
appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.
4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimant) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is not commensurate with the injuries sustained by the claimant. He, therefore, prayed for enhancement of compensation.
6. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on wellsettled principles of law applicable at the time of the order, and therefore, it need not be interfered.
7. The claimant is working as a Manager at Wens Roadways and earning Rs.20,000/- per month. However, the appellant has not produced any document to prove his income. Considering the cost of living in the year 2023 and partial permanent disability, this Court reasonably fixes the monthly income at Rs. 18,000/- per month. However, considering the nature of injuries, this Court is
inclined to fix disability at 25% and awarded Rs.10,000/- per percentage. Accordingly, a sum of Rs. 2,50,000/- (Rs. 10,000 x 25%) is awarded towards partial permanent disability. Loss of income for 3 months is calculated as Rs.18,000 × 3 = Rs.54,000/-. For pain and suffering, Rs.50,000/- is awarded. The compensation awarded under the other heads by the Tribunal is confirmed.
8. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads: Sl.
No Heads Amount (in Rs.) awarded by the Tribunal Amount (in Rs.) awarded by the High Court 1.
Medical Expenses 10,730 10,730 2.
Transportation 8,000 8,000 3.
Extra nourishment 7,000 7,000 4.
Attender charges 10,000 10,000 5.
Disability 1,30,000 2,50,000 6.
Loss of Income 37,500 54,000 7.
Pain and suffering 15,000 50,000 Total 2,18,230 3,89,730 Rounded off 3,89,800 Thus, the compensation awarded by the Tribunal is enhanced from
Rs.2,18,230/- to Rs.3,89,800/-, which shall carry interest at the rate of 7.5% per annum.
9. In the result:
i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.
ii. The compensation awarded by the Tribunal is enhanced from Rs.2,18,230/- to Rs.3,89,800/-.
iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. nd respondent, Royal Sundharam General Insurance Co.Ltd., is iv. The 2 directed to deposit the enhanced compensation amount, i.e., Rs.3,89,800/- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realization, to the credit of M.C.O.P. No. 928 of 2023 on the file of Motor Accident Claims
Tribunal, Chennai, (II Special Judge Court of Small Causes, Chennai), within a period of eight weeks from the date of receipt or uploading of a copy of this order.
v. On such deposit being made, the appellant/claimant is at liberty to withdraw the same, after following due process of law. vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 20-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.Varadharajan Piradeep Kumar Old No. 99, New No. 2, 1st Floor, Gill Nagar, Chennai 094 2.Royal Sundharam General Insurance Co.Ltd.
No.1, 2nd Floor, Subramanyam Building, Club House Road, Chennai 002
3. The Motor Accident Claims Tribunal, Chennai, (II Special Judge Court of Small Causes, Chennai)
T.V.THAMILSELVI J.
rri 20-06-2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. SANMUGAM S/o. Thulasingam, Old No. 30, New No. 35, Vellala Street, Kodambakkam, Chennai District 600 024 Appellant(s) Vs
1. Varadharajan Piradeep Kumar Old No. 99, New No. 2, 1st Floor, Gill Nagar, Chennai 094 2.Royal Sundharam General Insurance Co.Ltd.
No.1, 2nd Floor, Subramanyam Building, Club House Road, Chennai 002 Respondent(s) PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to enhance the amount awarded in MCOP No. 928 of 2023 on the file of the Motor Accidents Claims Tribunal (In the II Special
Judge Court of Small Causes, Chennai).
For Appellant(s):
U.Chithambaram For Respondent(s):
R2 - No Appearance R1- Want For Correct Address
O R D E R
Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellant. 2.It is brought to the notice of this Court that some typographical error has been crept in Paragraph Nos.7, 8 and 9 of the Order dated 20.06.2025. The said Paragraph Nos.7,8 and 9 is replaced as follows:
7. The claimant is working as a Manager at Wens Roadways and earning Rs.20,000/- per month. However, the appellant has not produced any document to prove his income. Considering the cost of living in the year 2023 and partial permanent disability, this Court reasonably fixes the monthly income at Rs. 18,000/- per month. However, considering the nature of injuries, this Court is inclined to fix disability at 26% and awarded Rs.10,000/- per percentage. Accordingly, a sum of Rs. 2,60,000/- (Rs. 10,000 x 26%) is awarded towards partial permanent disability. Loss of income for 3 months is calculated as Rs.18,000 × 3 = Rs.54,000/-. For pain and suffering, Rs.50,000/- is awarded.
The compensation awarded under the other heads by
the Tribunal is confirmed.
8. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads:
Sl.
No Heads Amount (in Rs.) awarded by the Tribunal Amount (in Rs.) awarded by the High Court 1.
Medical Expenses 10,730 10,730 2.
Transportation 8,000 8,000 3.
Extra nourishment 7,000 7,000 4.
Attender charges 10,000 10,000 5.
Disability 1,30,000 2,60,000 6.
Loss of Income 37,500 54,000 7.
Pain and suffering 15,000 50,000 Total 2,18,230 3,99,730 Rounded off 4,00,000/- Thus, the compensation awarded by the Tribunal is enhanced from Rs.2,18,230/- to Rs.4,00,000/-, which shall carry interest at the rate of 7.5% per annum.
9. In the result:
i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.
ii. The compensation awarded by the Tribunal is enhanced from Rs.2,18,230/- to Rs.4,00,000/-. iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court
fee.
nd respondent, Royal Sundharam General Insurance Co.Ltd., is directed to deposit the enhanced compensation amount, i.e., Rs.4,00,000/- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realization, to the credit of M.C.O.P. No. 928 of 2023 on the file of Motor Accident Claims Tribunal, Chennai, (II Special Judge Court of Small Causes, Chennai), within a period of eight weeks from the date of receipt or uploading of a copy of this order.
iv. The 2 v. On such deposit being made, the appellant/claimant is at liberty to withdraw the same, after following due process of law.
vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal.
3. Registry is directed to make out the necessary correction in the order copy and issue fresh order copy to the parties forthwith.
4. In other respects, the order dated 20.06.2025 shall remain unaltered. 13.10.2025 Index:Yes/No Speaking/Non-speaking order
Internet:Yes smn
To 1.Varadharajan Piradeep Kumar Old No. 99, New No. 2, 1st Floor, Gill Nagar, Chennai 094 2.Royal Sundharam General Insurance Co.Ltd.
No.1, 2nd Floor, Subramanyam Building, Club House Road, Chennai 002
3. The Motor Accident Claims Tribunal, Chennai, (II Special Judge Court of Small Causes, Chennai)
T.V.THAMILSELVI J.
smn 13.10.2025