Madras High CourtCMA/2850/2023partly allowed

C. Selvamani v. J. Karthik

2025-06-06Honourable Mrs Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. C. Selvamani S/o. Chidambaram, No.6A, Bhaktha Nagar, 1 st Street, Abatharanapuram, Vadalur, Kurinjipadi Taluk.

Appellant(s) Vs

1. J. Karthik S/o. Jayaraman, 16, Anthoniarkoil St, Kumaragurupallam, Venkata Nagar, Puducherry.

2.T. Saravanan 170, Chetty St, Puducherry 605 001.

3.Cholamandalam MS Gen.Ins.Co.Ltd., Rashmi Towers, II Floor, No.1, Village, Road, Nungampakkapm, Chennai 34.

Respondent(s)

PRAYER To allow the appeal and enhance the compensation in MCOP No.1481 of 2015 dated 31.07.2023 on the file of the Motor Accidents Claims Tribunal Spl Sub Court, Cuddalore.

For Appellant(s):

Ramya V. Rao For Respondent(s):

M/s. R.Sree Vidhya- For R3 Rr1 And 2 Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation in MCOP No.1481 of 2015 dated 31.07.2023 on the file of the Motor Accidents Claims Tribunal Spl Sub Court, Cuddalore.

2. The brief facts of the case:

On 27.02.2015, at about 7.45 p.m, the claimant drove the two wheeler bearing registration number TN 31 AA 0667 in Cuddalore-Viruthachalam main road towards East to West at that time vehicle bearing registration number PY 01 AW 3579 coming from the opposite direction driven by the first respondent

in a rash and negligent manner dashed against the claimant. Due to which, the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the Motor Accidents Claims Tribunal Spl Sub Court, Cuddalore ( in short 'tribunal') claiming compensation of Rs.50,00,000/-. After considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.10,16,421/- as compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the claimant/appellant submits that the claimant sustained 65% permanent disability and taken treatment for more than 65 days in hospital without considering the above the tribunal awarded nothing under the head of temporary loss of income. Hence, he prays to enhance the compensation.

4. The learned counsel for the Insurance company submits that the petitioner is working as a wire man in the Tamil Nadu Electricity Board hence there is no loss of income for the claimant which was rightly appreciated by the tribunal needs no interference.

5. Considering the fact that the claimant had taken inpatient treatment for more than 80 days and drawn salary of Rs.20,130/-. Hence, this Court inclined to award Rs.60,000/- towards loss of income(3x20,000). The compensation awarded by tribunal in other heads remain unchanged. Accordingly, the award passed by the Tribunal is modified as follows:- S.

N o.

Heads Compensation awarded by the tribunal Compensation awarded by this Court

1. For partial permanent disability Rs.2,60,000/- Rs.2,60,000/-

2. For pain and sufferings Rs.1,00,000/- Rs.1,00,000/-

3. For Loss of income Rs.70,000/- Rs.70,000/-

4. Loss of Amenities Rs.15,000/- Rs.15,000/-

5. Extra Nourishment Rs.15,000/- Rs.15,000/-

6. Transport charges Rs.5,000/- Rs.5,000/-

7. For Temporary loss of income Nil Rs.60,000/-

8. For Medical Expenses Rs.5,41,421/- Rs.5,41,421/-

9. Future Medical expenses Rs.10,000/- Rs.10,000/- Total Rs.10,16,421/- Rs.10,76,421/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.10,76,421/-. the 3rd respondent/Insurance Company is directed to deposit the enhanced award amount of Rs.10,76,421/-

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.1481 of 2015 on the file of the Motor Accidents Claims Tribunal Spl Sub Court, Cuddalore within a period of six weeks from the date of receipt of copy of this judgment. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed 06-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.J. Karthik S/o. Jayaraman, 16, Anthoniarkoil St, Kumaragurupallam, Venkata Nagar, Puducherry.

2.T. Saravanan 170, Chetty St, Puducherry 605 001.

3.Cholamandalam MS Gen.Ins.Co.Ltd., Rashmi Towers, II Floor, No.1, Village, Road, Nungampakkapm, Chennai 34.

4. The Motor Accidents Claims Tribunal Spl Sub Court, Cuddalore.

T.V.THAMILSELVI J.

pbl 06-06-2025