Anbalagan v. Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Anbalagan Appellant Vs

1. Venkatesan 2.Vinayaka Medical Care Centre Private Ltd D.No.44A, IInd Agraharam, Salem District - 001.

3.The United India Insurance Co., Ltd.

Branch Office-III, Arjuna Towers, 248/164, Cherry Road, salem-636001 Respondents PRAYER:- Civil Miscellaneous Appeal filed under Sec. 173 of Motor Vehicle Act, praying to allow the above CMA and enhance the award in the order dated 19.12.2022 made in MCOP No.1342 of 2019, on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge No.I, Salem. 1/10

For Appellant:

Mr.C. Paraneedharan For Respondents:

Mr.D.Venkatachalam For R3

JUDGMENT

The petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.1342 of 2019, dated 19.12.2022 has preferred this appeal seeking for enhancement of compensation. 2.The case of the petitioner is that on 03.01.2019 at about 06.30 hours, when the petitioner tried to cross the road from north to south direction, at that time, the driver of a van bearing Regn. No. TN-54 A-4510 proceeding from Salem to Omalur road driven it in a rash and negligent manner, dashed on the petitioner and caused an accident. Due to which, the petitioner sustained injuries, for which he underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.15,00,000/-. 2/10

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 1 st and 2 nd respondents. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.2,74,552/- under various heads as follows:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Pain and sufferings 30,000 2.

Loss of income 18,000 3.

Medical expenses 85,552 4.

Transportation 10,000 5.

Extra nourishment 10,000 6.

Attender charges 10,000 7.

Damages to cloths 8.

Loss of amenities 10,000 9.

Permanent disability 1,00,000 Total 2,74,552 4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

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5.The petitioner not being satisfied with the quantum of compensation awarded by the Tribunal has filed the present appeal before this Court seeking for enhancement of compensation.

6. The learned counsel for appellant would submit that at the time of accident, he was aged about 52 years and he was working as a highway road helper and earning a sum of Rs.12,000/- per month, but the tribunal taken income only as Rs.9000/-. He would also submit that though the medical board assessed 25% of permanent disability, the tribunal has arrived the disability as 20% and fixed a sum of Rs.5000/- towards per percentage and the same is to be enhanced. Hence, he prayed to enhance the compensation.

7. The learned counsel for 3 rd respondent would submit that at the time of accident, he was working as highway road helper and earned a sum of Rs.12,000/-, but there is no proof adduced for the income derived by him. Hence, the tribunal has rightly fixed the income of the petitioner, which needs no interference of this court.

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8. Heard and considered rival submissions made by both learned counsel for appellant as well as 3 rd respondent and perused materials available on record.

9. Considering both side submissions, the fact reveals that admittedly, he was highway road helper at the time of accident, which was happened in the year 2019. The tribunal had fixed only a sum of Rs.9,000/- towards notional income. Therefore, on considering the cost of living at that time as well as considering his age, this Court is inclined to enhance the notional income from Rs.9,000/- per month to Rs.14,000/- per month. On considering the injuries as well as treatment period, the learned Tribunal fixed two months for loss of income, but the learned counsel for appellant argues that due to the injuries sustained, he was not able to move outside and nearly about six months, he was not able to drive the car. Hence, six months period is to be taken for loss of income. By relying the discharge summary, the learned counsel for respondent would submit that only 18 days, he is in hospital, but however on seeing the grievous injury, this Court is inclined to modify the period for loss of income as 5/10

four months. On seeing the facts, he had suffered with permanent disability of 20% , for which the tribunal has awarded a sum of Rs.5000/- per percentage. But, on considering the petitioner's age of 52 years and the accident was happened in the year 2019, this court is inclined to enhance the said sum as Rs.7000/-. As he had suffered with permanent disability, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.10,000/- to Rs.15,000/-. Considering the fact that during the treatment period, the petitioner required an attender, for which the tribunal has awarded a sum of Rs.10,000/-, which is on the lower side. Hence, this court is inclined to enhance the attender charges from Rs.10,000/- to Rs.12,000/-.

Considering the nature of injury and the period of treatment, this Court is inclined to enhance the sum awarded towards loss of amenities from Rs.10,000/- to Rs.20,000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 10.

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S.No Compensation awarded under the head Amount awarded by the tribunal (in Rs.) Amount (in Rs.) Amount confirmed or granted or enhanced 1.

Permanent Disability (20% x Rs.7000) 1,00,000 1,40,000 enhanced 2.

Pain and sufferings 30,000 30,000 confirmed 3.

Loss of income (Rs.14000 x 4) 18,000 56,000 enhanced 4.

Transportation 10,000 10,000 confirmed 5.

Medical expenses 85,552 85,552 confirmed 6.

Extra nourishment 10,000 15,000 enhanced 7.

Attender charges 10,000 12,000 enhanced 8.

Damages to cloths 1,000 1,000 confirmed 9.

Loss of amenities 10,000 20,000 enhanced Total 2,74,552 3,69,552 Rounded off to 3,69,560 11.The compensation awarded by the tribunal at Rs.2,74,552/- is enhanced to Rs.3,69,560/-. The 3 rd respondent insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of eight weeks from the date of receipt of copy of this judgment. On such deposit, the appellant is permitted to withdraw the enhanced 7/10

compensation. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.

14-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Motor Accident Claims Tribunal/Special Subordinate Judge No.I, Salem.

2. Section Officer, VR Section, Madras High Court. 8/10

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T.V.THAMILSELVI J.

rpp 14-07-2025 10/10