High Court · 2025

CMA No. 1037 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1037 of 2024KumariAppellantVs1. N.Senthilkumar2.The Divisional ManagerReliance General Insurance Co. Ltd., Reliance House, 6th Floor, NO.6, Haddows Road, Nungambakkam, Chennai-6000063.R.Veeramani4.The Divisional ManagerUnited India Insurance Co. Ltd., 13-A, Nethaji Road, Manjakuppam, Cuddalore-607001Respondents1/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024PRAYERCivil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to enhance the award passed in MCOP No.11/2020, dt. 03.01.2024, on the file of the Motor Accidents Claims Tribunal, (Special District Court No.II to deal with MCOP cases) at CuddaloreFor Appellant:Mr.S.C.VishwanthFor Respondents:Mr.P.Suresh Srinivasan For R2Mr.C.Paranthaman For R4 RR1 and 3 -exparte JUDGMENTThe appellant/petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.11 of 2020, dated 03.01.2024 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 05.06.2019 at about 04.20 hours, when the petitioner along with other passengers were standing on the back side of auto and loading their utensil at back side of 3rd respondent's auto bearing Regn. No. TN-32 Q-2056 as per the instruction given by auto driver at 2/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024Chinnamudaliyar Chavadi, ECR Road, on the way to Kuwait beach, at that time, 1st respondent's vehicle bearing Regn. No.PY-01 AD-4199 came in the same direction in a rash and negligent manner, dashed on them and caused accident. Due to which, the petitioner sustained injuries, for which she underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.3.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/1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.15,23,300/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Permanent Disability8,64,0002.Pain and sufferings1,00,0003/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024S.NoCompensation awarded under the headAmount(in Rs.)3.Loss of comfort and amenities50,0004.Extra nourishment25,0005.Attender charges6,5006.Medical expenses3,92,8007.Transportation 25,0008.Loss of expectation of life50,0009. Loss of cloths and articlesnil10. Loss of income10,00011.Future medical expensesnlTotal15,23,3004.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 5.The appellant not being satisfied with the quantum of compensation awarded by the Tribunal has filed the present appeal before this Court seeking for enhancement of compensation. 6. The learned counsel for appellant would submit that due to said accident happened on 05.06.2019, her right hand upto elbow was amputated and 4/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024she was a fish selling woman, thereby she had earned a sum of Rs. 15,000/- per month, but the tribunal while awarding compensation, had fixed only a sum of Rs.6000/- as her notional monthly income. Hence, he prayed to enhance the compensation. 7. The learned counsel for respondents 2 and 4 would submit that admittedly, her right hand upto elbow was amputated, but there is no functional disability sustained by her and she is only a fish selling woman. So, on considering the nature of injury, the tribunal has rightly awarded compensation, which needs no interference of this court.8. Heard and considered rival submissions made by both learned counsel for appellant as well as respondents 2 and 4 and perused materials available on record. 9. Considering both side submissions, the fact reveals that admittedly, the appellant's right hand upto elbow was amputated and had undergone three surgeries and though she is a fish selling woman, she would have earned a sum of Rs.500/- per day and earned Rs.15,000/- per month. Considering that and 5/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024also on considering the fact that the accident was happened in the year 2019, considering her age as well as considering the cost of living at that time, this Court is inclined to enhance the notional monthly income from Rs.6,000/- to Rs.15,000/- per month. 10. Furthermore, as the appellant's right hand upto elbow was amputated and she had undergone three surgeries, for which she was in hospital as inpatient for more than 13 days, so she was in need of an attender. Hence, this Court is inclined to enhance the sum awarded towards attender charges from Rs.6,500/- to Rs.12,000/- and also this court is inclined to award sum of Rs.25,000/- under the head of future medical expenses and a sum of Rs.3000/- is awarded for loss of cloths and articles. 11. Moreover, since her right hand upto elbow was amputated and she had undergone three surgeries, the multiplier method was adopted by the tribunal, and the sum awarded by the tribunal under heads of loss of comfort and amenities, loss of income and the loss of expectation of life would not arise. 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 No. 1037 of 202412.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.)Amount confirmed or granted or enhanced1.Permanent DisabilityRs.15,000/- x 12 = Rs.1,80,000/-Rs.1,80,000/-x15 =Rs.27,00,000/-Rs.27,00,000/- x 80% = Rs.21,60,000/-8,64,00021,60,000enhanced2.Pain and sufferings1,00,0001,00,000confirmed3. Loss of comfort and amenities50,000Would not arise4.Extra Nourishment25,00025,000confirmed5.Attender charges6,50012,000enhanced6.Medical expenses3,92,8003,92,800confirmed7. Transport expenses25,00025,000confirmed8.Loss of expectation of life50,000Would not arise9.Loss of cloths and articlesnil3,000awarded10. Loss of income10,000Would not arise11.Future medical expensesnil25,000awardedTotal15,23,30027,42,800enhanced13.The compensation awarded by the tribunal at Rs.15,23,300/- is enhanced to Rs.27,42,800/-. The 2nd respondent insurance company is directed to deposit the enhanced compensation, less the amount already deposited, 7/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024together 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. On such deposit, the appellant is permitted to withdraw the enhanced award amount now determined by this court along with interest and costs, less the amount if any, already withdrawn. 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.14.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.29-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special District Court No.II, Cuddalore.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 1037 of 2024T.V.THAMILSELVI J.rppCMA No. 1037 of 2024 29-08-20259/9