Karunakaran v. Chinnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. KARUNAKARAN S/o. Mahalingam, Varuvur mariamman Koil Street, Vandipalayam, Cuddalore Taluk Appellant(s) Vs

1. CHINNASAMY S/o. Chinna Gounder, No.14/B, Thamizh Magal Street, Rajiv Gandhi nagar, Puducherry 2.The New India Assurance Co.Ltd., No.30, Jawaharlal Nehru Street, pondicherry Respondent(s) PRAYER To enhancement of the compensation in the award dated 31-08-2023 made in MCOP.No.554/2017 on the file of MACT/Special Sub Court at Cuddalore

For Appellant(s):

Mr.Ma.P.Thangavel For Respondent(s):

Mr. R. Sreevidhya For R2 R1 - Notice Not Necessary JUDGEMENT This Civil Miscellaneous Appeal has been filed for the enhancement of the compensation in the award dated 31-08-2023 made in MCOP.No.554/2017 on the file of MACT/Special Sub Court at Cuddalore.

2. On 07.08.2016 at about 03.30 p.m when the claimant was trying to deboard from the front steps of the bus bearing registration No.PY 01 CM 3700 at Thirupadupuliyur bus stand, the driver of the bus driven the bus in a rash and negligent manner due to which the claimant fell down and the back tyre of the said bus ran over the left leg of the claimant and thereafter he was taken to the JIPMER hospital where external fixator was fixed on the claimant's left leg. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The second respondent contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned counsel for the claimant submits that the Doctor has assessed 50% permanent disability on the claimant but the tribunal has awarded compensation by following per percentage method which is erroneous and liable to be set aside and also awarded very amount in other heads. Hence, he prays to allow this appeal.

4. The learned counsel for the respondent submits that the tribunal has rightly fixed compensation which needs no interference.

5. Considering the fact that the accident was happened in the year 2016 and also the claimant sustained partial disability Hence, this Court is inclined to fix Rs.7,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.3,50,000/- under the head of disability. Further, the claimant has admitted in the hospital on various occasion from the year 2016 to 2017 hence, this Court is inclined to fix Rs.12,000/- as notional income of the claimant for a eight months. Accordingly, the claimant is entitled to Rs.96,000/- under the head of loss of income. Except above modification, the award passed by the tribunal under other heads remain unchanged.

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.1,00,000/- Rs.1,00,000/- 2.

Loss of Income Rs.72,000/- Rs.96,000/- 3.

Medical Expenses NIl Nil 4.

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

Extra Nourishment Rs.10,000/- Rs.10,000/- 6.

Attender charges Rs.10,000/- Rs.10,000/- 7.

Damages of clothes Nil Nil 8.

Lost of amenities Rs.50,000/- Rs.50,000/- 9.

For permanent disability Rs.2,50,000/- Rs.3,50,000/- Total Rs.4,97,000/- Rs. 6,21,000/-

7. Therefore, the compensation payable to the claimant is enhanced to Rs.6,21,000/-. The 2 nd respondent/Insurance company is directed to deposit the said amount with interest ordered by the tribunal to the credit of MCOP.No.554/2017 on the file of MACT/Special Sub Court at Cuddalore,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. 10-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Section Officer, V.R Section, High Court, Madras. The MACT/Special Sub Court at Cuddalore.

T.V.THAMILSELVI J.

10-07-2025