Jaiganesh v. Jeevanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI & CMP No.24992 of 2023

1. JAIGANESH S/o.Rajendran, D.No.25, Jawahar Road, Madurai (South Saragam) 625 020 Now residing at D.No.5/4, Poovagounder Line, 5 - Roads, Salem District 636 004.

Appellant(s) Vs

1. JEEVANATHAN S/o.Sundaram, Residing at D.No.153, Kalaimathi, Mettutheru, Bethaniapuram, Madurai District 625 016.

2.The United India Insurance Co, Ltd Branch Office HUB Ranga Building, peramanur Main Road, Peramanur, Salem District 636 007 Respondent(s)

PRAYER To allow the above Civil Miscellaneous Appeal and enhance the award in the Order dated 23.12.2022 made in MCOP No.390 of 2017 on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge, No.1, Salem. For Appellant(s):

M/s.C.Paraneedharan For Respondent(s):

M/s. I. Malar For The R2 R1 - Dispensed With JUDGEMENT This appeal has been filed to enhance the award in the Order dated 23.12.2022 made in MCOP No.390 of 2017 on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge, No.1, Salem.

2. On 22.12.2015n at about 11.30 a.m, the claimant has driving the Suzuki Max 100 two wheeler in Madurai - Sivangangai main road nearby Gomathipuram St.mary's church at that time, in the same direction TATA ACE vehicle bearing registration number TN58 P 5622 driven by the first respondent in rash and negligent manner hit against the claimant's vehicle. Due to which the claimant sustained injury. Hence, he filed the petition before the Tribunal claiming Rs.15,00,000/- as compensation. On considering the oral and

documentary evidence, the tribunal awarded a sum of Rs.6,04,526/- as compensation. Challenging the quantum of the compensation the claimant preferred this appeal.

3. The learned counsel for the appellant submits that the claimant sustained multiple injuries but the Tribunal failed to taken into consideration of the above fact awarded very meagre compensation. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the tribunal has rightly awarded the compensation which needs no interference. Hence, he prays to dismiss this petition.

5. Considering the facts of the case, the accident was happened in the year 2015 and considering the cost of living at the time of the accident. This Court is inclined to enhance the monthly income of the claimant to Rs.12,000/- from Rs.9,000/-. Further, the amount awarded for pain and sufferings is enhanced to Rs.1,00,000/-.

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.1,00,000/- 2.

Loss of Income Rs.27,000/- Rs.72,000/- 3.

Medical Expenses Rs.3,31,526/- Rs.3,31,526/- 4.

Transportation expenses Rs.20,000/- Rs.20,000/- 5.

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

Attender charges Rs.20,000/- Rs.20,000/- 7.

Damages to cloths and article Rs.1,000/ Rs.1,000/- 8.

Lost of amenities Rs.20,000/- Rs.20,000/- 9.

For permanent disability Rs.1,15,000/- Rs.1,15,000/- Total Rs.6,04,526/- Rs.6,99,526/-

7. Therefore, the compensation payable to the claimant is enhanced to Rs.6,99,526/-. The respondent/Insurance company is directed to deposit the said amount to the credit of MCOP No. 390 of 2017 on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge, No.1, Salem,within a period of eight weeks from the date of receipt of a copy of this judgment. On Such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

8. With the above directions, the Civil Miscellaneous Appeal is partly allowed. No costs. Pending miscellaneous petition(s), if any, is/are closed. 06-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Motor Accident Claims Tribunal/Special Subordinate Judge, No.1, Salem 2.The United India Insurance Co, Ltd Branch Office HUB Ranga Building, peramanur Main Road, Peramanur, Salem District 636 007

T.V.THAMILSELVI J.

pbl & CMP No.24992 of 06-06-2025