N.Dhanabal v. K.Jagangeer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. N.Dhanabal S/o. Narayanasamy, No. 2/294, Barathi Nagar, M.G.R.Streett, Mettu Thandalam, Thiruporur, Chengalpattu District 603 110.
Appellant(s) Vs
1. K.Jagangeer S/o. G.A.Kaber, No. 21, Dr.Malik Street, Subramaniyapuram, Trichy 620 020.
2.The Manager United India Insurance Company Limited, Silingi Building, 4th Floor, No. 134, Greams Road, Chennai 6.
Respondent(s) PRAYER:To enhance the amount awarded in MCOP.No. 5199 of 2021 dated 19.12.2023 on the file of Motor Accident Claims Tribunal (II Judge, Court of Small Causes) Chennai.
For Appellant(s):
M/s. K.Varadha Kamaraj For Respondent(s):
M/s. T.K. Premkumar For R2 R1 - Dispensed With
JUDGMENT
The appellant has filed this appeal praying to enhance the compensation awarded in MCOP No.5199 of 2021 dated 19.12.2023 on the file of Motor Accident Claims Tribunal (II Judge, Court of Small Causes) Chennai.
2. The brief facts of the case of the appellant/claimant are as follows: On 23.11.2021 at about 9.00 hours, while the appellant / petitioner was riding the Motorcycle bearing Registration No.TN-45-AM-6309 proceeding near Arun Excello Apartment, Thandalam, Chengalpattu District, at the time the car bearing Registration No.TN-45-AM-6309 driven by its driver, drove in a very rash and negligent manner endangering to the public safety and hit against the above said motorcycle and the petitioner. Due to the above said accident the petitioner sustained grievous injuries. The accident happened only due to negligent manner of the driver of the above said car bearing Reg.No.TN-45AM-6309. Therefore, the 1 st respondent as legal representative of the owner and
the 2 nd respondent as insurer of the offending vehicle.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.16,19,300/- 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, in full excluding the period of default if any with proportionate costs.
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 claimant is working as a Security and earning Rs.20,000/- per month. However, the appellant has not produced any document to prove his income. Considering the cost of living in the year 2021 and partial permanent disability, this Court reasonably fixes the monthly income at Rs. 18,000/- per month. The compensation awarded under the other heads by the Tribunal is confirmed.
Calculation Notional Income = Rs.18,000/- Loss of earning capacity = 18,000 x 12m x 5 x 85/100 = Rs.9,18,000/-
8. 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.
Disability 5,10,000 9,18,000 2.
Pain and suffering 1,00,000 1,00,000 3.
Loss of earning NIL NIL 4.
Medical Expenses 6,84,246, 6,84,246, 5.
Artificial Leg Expenses 2,00,000 2,00,000 6.
Loss of Amenities 1,00,000 1,00,000 7.
Attender Charges 50,000 50,000 8.
Transportation Charges 25,000 25,000 9.
Extra Nourishment 50,000 50,000 Total 16,19,246 21,27,246 (It is seen from the tabulation of computation of compensation awarded by the Tribunal that the total compensation comes to Rs.17,19,246/-, whereas it has been wrongly mentioned in the total as Rs.16,19,246.) Thus, the compensation awarded by the Tribunal is enhanced from Rs.16,19,246/- to Rs.21,27,246/-, which shall carry interest at the rate of 7.5% per annum.
9. 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. 16,19,246/- to Rs.21,27,246/-.
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 2nd respondent, United India Insurance Co.Ltd., Chennai, is directed to deposit the enhanced compensation amount, i.e., Rs.21,27,246/- (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. 5199 of 2021 on the file of the Motor Accident Claims Tribunal (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, as per the apportionment fixed by the Tribunal, 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. 02-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.K.Jagangeer S/o. G.A.Kaber, No. 21, Dr.Malik Street, Subramaniyapuram, Trichy 620 020.
2.The Manager United India Insurance Company Limited, Silingi Building, 4th Floor, No. 134, Greams Road, Chennai 6.
3.The Motor Accident Claims Tribunal, (II Judge, Court of Small Causes), Chennai.
4. The Section Officer, VR-Section, High Court of Madras.
T.V.THAMILSELVI J.
rri 02-07-2025