Rajalingam v. J.Kolanchinathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. RAJALINGAM S/o. Late.Mandru No.1/195, Road Street, Vadaveekam Village, Thandalai Post, Udaiyarpalayam Taluk, Ariyalur Dist. 621 803 Appellant(s) Vs
1. J.Kolanchinathan S/o. Jayaraman, No. 1/88E Vadaveekam Village, Thandalai Post, Udaiyarpalayam Taluk, Ariyalur Dist. 621 803 2.The Manager M/s.United India Insurance Co Ltd. No.
134, Silingi Buildings 4th Floor, Greams Road, Chennai 06.
Respondent(s) PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to enhance the compensation in MCOP No. 6208 of 2019 dated 18.06.2024 on the file of the Motor Accidents Claims Tribunal in the II Judge, Court of Small Causes, Chennai.
For Appellant(s):
Mr.R.Mohan Babu For Respondent(s):
Mr.R.Vijaya Kamala For R2 R1 - No Appearance
JUDGMENT
The appellant has filed this appeal praying to enhance the compensation awarded in MCOP No. 6208 of 2019 dated 18.06.2024 on the file of the Motor Accidents Claims Tribunal in the II Judge, Court of Small Causes, Chennai.
2. The brief facts of the case of the appellant/claimant are as follows: On 03.11.2019 at about 6.30 hrs, while the petitioner was standing in road on the left side from his destination, at Vedaveekam Village Road, near towards Vadeveekam big street Road bent, at that time a four wheeler namely Tata ace bearing registration No.TN-61-J-0456 came in same road, from West to East direction with rash and negligently and hit against the petitioner. As a result the petitioner had sustained fracture of Right knee as grievous bony injury and injuries to his all over the body. The said accident was caused only by the rash and negligent act of the driver of the 1 st respondent Tata Ace bearing
Registration No.TN-61-J-0456. The 1 st respondent is the owner of the vehicle and 2 nd respondent is the insurer of the vehicle.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.2,79,660/- 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 Medical Board assessed his partial permanent disability at 24%. The Tribunal did not find any functional disability, and therefore, awarded compensation at the rate of Rs.5,000/- per percentage of disability. However, considering the claimant's age (57 years at the time of accident) and the nature of injuries sustained, it would be appropriate to enhance the compensation to Rs.8,000/- per percentage. Accordingly, a sum of Rs.1,92,000/- (Rs.8,000 x 24%) is awarded towards partial permanent disability.
8. The claimant is working as a farmer and earning Rs.15,000/- per month. However, the appellant has not produced any document to prove his income. Considering the nature of employment and the absence of documentary proof, this Court is of the opinion that fixing the notional monthly income of the
injured at Rs.12,000/- would meet the ends of justice. Due to the accident, the appellant would have been unable to attend to his regular work for at least six months. Therefore, a sum of Rs.72,000/- (Rs.12,000 x 6 months) is awarded towards loss of income during the period of treatment and recovery. Additionally, the amount awarded by the Tribunal under the heads of Pain and suffering, Transportation and Extra Nourishment are enhanced to Rs.50,000/-, Rs.10,000/- and Rs.15,000/- respectively. The compensation awarded under the other heads by the Tribunal is confirmed.
9. 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.
Loss of income 20,000 72,000 2.
Pain and suffering 20,000 50,000 3.
Loss of amenities 20,000 20,000 4.
Transportation 2,000 10,000 5.
Extra nourishment 5,000 15,000 6.
Medical Expenses 92,660 92,660 7.
Disability 1,20,000 1,92,000 Total 2,79,660 4,51,660
Thus, the compensation awarded by the Tribunal is enhanced from Rs.2,79,660/- to Rs.4,51,660/-, which shall carry interest at the rate of 7.5% per annum.
10. 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.2,79,660/- to Rs.4,51,660/-.
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. iv. The second respondent, United India Insurance Co.Ltd., Chennai, is directed to deposit the enhanced compensation amount, i.e., Rs.4,51,660/- (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. 6208 of 2019 on the file of the Motor Accidents
Claims Tribunal (in the II 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. 21-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.J.Kolanchinathan S/o. Jayaraman, No. 1/88E Vadaveekam Village, Thandalai Post, Udaiyarpalayam Taluk, Ariyalur Dist.
621 803 2.The Manager M/s.United India Insurance Co Ltd. No.
134, Silingi Buildings 4th Floor, Greams Road, Chennai 06.
3.The Motor Accidents Claims Tribunal in the II Judge, Court of Small Causes, Chennai.
4.The Section Officer, VR-Section, High Court of Madras.
T.V.THAMILSELVI J.
rri 21-08-2025