High Court · 2025

CMA Nos. 2130 & 67 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-06-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2130 of 2024 & CMA No.67 of 2024andCMP No. 16312 of 2024United India Insurance Company Ltd.,Shiva Madical B Stair, Calicur Road, Gudalur, Nilgiris District 643 212.AppellantVs1. Arshid2. P.RayinRespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec. 173 of Motor Vehicles Act, praying to set aside award and decree dated 28.08.2023 made in M.C.O.P.No.100 of 2019 on the file of the Motor Accidents Claims Tribunal(Subordinate Judge), Sathyamangalam. CMA NO. 67 OF 2024ArshidAppellant1/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024Vs1. P. Rayin (Owner)No.11/375, Cherambadi, Cherngode, Nilgris Dt, ( 1 Respondent remained Exparte in Lower Court, Hence Given Up)2.United India Insurance Co.Ltd.,Shiva Medical B Stair, Circular Road, Gudalur, Nilgris Dt.RespondentsPRAYER :- Civil Miscellaneous Appeal filed under Sec. 173 of Motor Vehicles Act, praying to set aside the award of the Motor Accidents Claims Tribunal, (Subordinate Judges Court) Sathyamangalam and made in MCOP No.100/2019 dated 28.08.2023.CMA No. 2130 of 2024For Appellant:Mr. D.BhaskaranFor Respondents:Ms.P.T.Saleem Fathima For R1 R2 - Notice Dispensed WithCMA No. 67 of 2024For AppellantMs. P.T.Saleem FathimaFor Respondents :Mr. D. Bhaskaran For R2 Batta Due for R12/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024COMMON JUDGMENT Challenging the impugned award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Sathyamangalam in MCOP No.100 of 2019, dated 28.08.2023, the appellant/2nd respondent insurance company preferred Civil Miscellaneous Appeal in C.M.A.No. 2130 of 2024 and the petitioner preferred an appeal in C.M.A.No. 67 of 2024.2. For the sake of convenience, the parties are denoted as per the ranking in the claim petition. 3. The case of the petitioner is that on 08.01.2019 at about 10.15 hrs. the petitioner was riding the auto bearing Regn. No. TN-43 Y-5807 on 3rd mail curve deversolai to Gudalur Road, Gudalur, at that time, the driver drove the tipper lorry bearing Regn. No.TN-43 Y-9997 came from Deversolai opposite direction with high speed in a rash and negligent manner without any signal or sound, hit against auto. Due to which, the petitioner fell down from the auto 3/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024and sustained grievous injuries on the head, fracture in the right leg and injuries all over the body, for which he underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.20,00,000/-.4. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.25,70,980/- under various heads and the said compensation was directed to be paid with interest at the rate of 7.5% per annum. 5.The Insurance Company as well as the petitioner aggrieved by the quantum of compensation fixed by the Tribunal has filed the present appeals before this Court.4/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 20246. The learned counsel for 2nd respondent insurance company argues that the petitioner was aged about 22 years and he had claimed compensation of Rs.20,00,000/-, but the tribunal had erroneously awarded a sum of Rs.25,70,980/- above the compensation claimed by him. He would also submit that the tribunal has not assigned any reason for applying multiplier method and the tribunal had erroneously fixed the disability at 50%. Therefore, the learned counsel prayed to set aside the award passed by the tribunal. 7. The learned counsel for petitioner argues that the accident was happened in the year 2019, but without considering the cost of living at that time, the tribunal had fixed the notional income as Rs.16,000/-. Hence, he prayed for enhancement of compensation. 8. Heard both sides.9.Considering submissions of both sides and on perusal of medical records, the fact reveals that the petitioner sustained severe traumatic brain injury with open skull fracture and multiple contusions, for which, he took treatment as inpatient and undergone two surgeries. According to the claimant, due to injury sustained in the accident, he was not able to continue his 5/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024avocation. However, the 2nd respondent insurance company has not disputed the injury sustained by him on the head and right leg fracture, which was evacuated the period of treatment under three phases and the ultimate result, he sustained permanent disability. Furthermore, at the time of filing the petition, the petitioner was mentally unstable and for mental stability, the medical board assessed disability at 50% however, the disability can be taken into consideration at 30%. Accordingly, this Court is inclined to fix the disability at 30%. Considering the place of accident and the location of hospital, the tribunal awarded a sum of Rs.5000/- towards transportation and the same was enhanced to Rs.20,000/-. Considering the nature of injuries and duration of treatment in hospital, the amount awarded towards extra nourishment is enhanced from Rs.5000/- to Rs.30,000/- and the attender charges is also to be enhanced from Rs.5000/- to Rs.25,000/-. Furthermore, considering the fact that the petitioner underwent two surgeries and even now taking treatment, this court is inclined to enhance the sum awarded towards pain and sufferings from Rs.90,000/- to Rs.1,00,000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.6/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 202410.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:S.NoCompensation awarded under the headAmount awarded by the tribunal(in Rs.)Amount(in Rs.)Award confirmed or granted or enhanced1. Loss of earningsNilnilconfirmed2.Transport to hospital500020,000enhanced3.Extra nourishment5,00030,000enhanced4.Attender charges5,00025,000enhanced5.Future medical expensesnilnil6.Damages for cloths and articles3,0003,000confirmed7.Medical expenses43,78043,780confirmed8.Pain and sufferings90,0001,00,000enhanced9.Permanent disability and loss of earning powerRs.16000/- (add 40% future prospects)Rs.16000+6400 = 22400Rs.22400 x 12 x 18 x 30% = Rs.14,51,520/-24,19,20014,51,520reducedTotal25,70,980/-16,73,300reduced11. Accordingly, the Civil Miscellaneous Appeal filed by the appellant insurance company in C.M.A.No.2130 of 2024 is partly allowed and modified. Furthermore, the Civil Miscellaneous Appeal filed by the 1st respondent is not 7/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024sustainable in view of findings rendered in the above Civil Miscellaneous Appeal. Accordingly, the Civil Miscellaneous Appeal filed by the 1st respondent in C.M.A.No. 67 of 2024 is dismissed. There shall be a direction to the appellant Insurance Company to deposit the entire 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 judgement. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 25-06-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Sub-Judge, Sathyamangalam.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA Nos. 2130 & 67 of 2024T.V.THAMILSELVI J.rppCMA Nos. 2130 & 67 of 2024 25-06-2025(2/2)9/9