K.Selvam v. I. Kaja Moideen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. K.Selvam S/o. Kanniyappan, No.41, Kamarajar Street, Kalivanthapattu, Maraimalai Nagar, Kayarambedu, Chengalpet District - 202.

Appellant(s) Vs

1. I. Kaja Moideen S/o. Ibrahim Gany, No. 18/19, Royal Flat, Abdul Farook Sahib Street, Pallavaram, Chennai 043.

2.S. SELVAM (As per Insurance) No.18, Periyar Ayyaoo Naicker, Rajiv Gandhi Nagar, Alapakkam, Chennai - 116.

3.Reliance General Insurance Co.Ltd R.O. Legal Dept., Reliance House, 6th Floor, No.5, Haddows Road, Nungambakkam, Chennai - 006.

Respondent(s) PRAYER To allow this CMA by enhancing the compensation awarded in the Judgment and Decree, dated 02.09.2024, passed in MCOP No.1344 of 2021, on the file of the Motor Accident Claims Tribunal (Special Sub Court NO.1, Motor Accidents Claims Petitions) Small causes Court, Chennai. For Appellant(s):

K.Balaji For Respondent(s):

Mr.P.Suresh Srinivasan For R3 R1 - No Appearance R2 - Addressee Cannot Be Located

ORDER

It is brought to the notice of this Court that some typographical error crept in para 10 & 11 of the order dated 01.07.2025 and the same may be replaced as follows:

10.....

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

Disability/loss of earning during the treatment period Rs.17,000/- (add 40% future prospects) =17000 + 6800 = 23800 23800 x 12 x 18 (multiplier) x 10% 3,02,400 5,14,080 enhanced

S.No Compensation awarded under the head Amount awarded by the tribunal (in Rs.) Amount (in Rs.) Amount confirmed or granted or enhanced = Rs.5,14,080/- 2.

Pain and sufferings 30,000 60,000 enhanced 3.

Transportation 4,000 10,000 enhanced 4.

Medical expenses 16,152 16,152 confirmed 5.

Extra nourishment 10,000 20,000 enhanced 6.

Attender charges 25,000 enhanced 7.

Loss of amenities 10,000 50,000 enhanced Total 3,73,452 6,95,232 Less : 10% of contributory negligence 37,345 69,523 Compensated awarded rounded off to 3,36,106.80 3,36,500 6,25,709 6,25,710 11.The compensation awarded by the tribunal at Rs.3,36,500/- is enhanced to Rs.6,25,710/-. The third 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. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

2. Registry is directed to issue fresh order copy to the parties after carrying out the above corrections in the order copy dated 01.07.2025. 08-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

1. Special Court-I, Motor Accident Claims Tribunal, Chennai.

2. Section Officer, VR Section, Madras High Court.

T.V.THAMILSELVI J.

08-07-2025