High Court · 2025

CMA No. 1874 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1874 of 2024R. GandhiAppellantVs1. Vignesh2.M/s.Reliance Genereal Insurance Co. Ltd.No.1, 1st Floor, Dhanam Towers, Dinni Mail Road, Tirupur-6416013.M/s. Reliance General Insurance Co. Ltd.Sakthi Super Market near, Perundurai Main Road, Erode-638009RespondentsPRAYER :- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act, praying to enhance the compensation amount awarded in the order dt. 21.12.2022 made in MCOP No.348/2019 on the file of The Special District Court to Deal with MCOP Cases, Erode by allowing this CMA1/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 2024For Appellant:Mr.M.GuruprasadFor Respondents:Ms. G. Sugumari For RR 2 and 3JUDGMENTThe appellant/petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.348 of 2019, dated 21.12.2022 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 11.04.2019 at about 01.00 hours, when the petitioner was travelling as a pillion rider in a bike bearing Regn. No.TN-56 L-3134 with his younger brother Vignesh, near Veduvangadu, the 1st respondent drove the vehicle in a rash and negligent manner, dashed on him and caused an accident. Due to which, the petitioner sustained injuries, 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.10,00,000/-.2/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 20243.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 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.3,70,511/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Disability50,0002.Medial expenses2,24,5113.Loss of earning36,0004.Pain and sufferings50,0005.Extra nourishment5,0006.Transportation 5,000Total3,70,5114.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. 3/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 20246. The learned counsel for appellant would submit that the medical board had assessed the disability at 30% of partial disability, but without considering the partial disability sustained by the appellant, the tribunal had awarded only a sum of Rs.50,000/- towards disability. Hence, he prayed to enhance the compensation for 30% of partial disability. 7. The learned counsel for respondents 2 and 3 would submit that the tribunal has rightly awarded compensation with regard to disability on considering the nature of injury, 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 3 and perused materials available on record. 9. Considering both side submissions, the fact reveals that as per the discharge summary, medical board certified his disability as 30% of partial disability, but the tribunal has awarded only a sum of Rs.50,000/- towards disability. Considering that and also on considering the fact that the accident was happened in the year 2019 and he was an agricultural coolie, this Court is inclined to fix a sum of Rs.9000/- per percentage of disability. Furthermore, 4/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 2024considering the cost of living at that time as well as considering his age, this Court is inclined to enhance the notional monthly income from Rs.9,000/- per month to Rs.12,000/- per month. On considering the injuries as well as treatment period, the learned Tribunal fixed four months for loss of income, but the learned counsel for appellant argues that due to the injuries sustained, he was not able to move outside and nearly about six months, he was not able to attend his avocation. Hence, six months period is to be taken for loss of income. By relying the discharge summary, the learned counsel for respondent would submit that only 24 days, he is in hospital, but however on seeing the grievous injury, this Court is inclined to modify the period for loss of income as six months. As he had suffered with partial disability, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.5,000/- to Rs.10,000/-. Considering the fact that during the treatment period, he had incurred huge expenses towards transportation, this court is inclined to enhance the transportation charges from Rs.5,000/- to Rs.10,000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.5/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 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.)Amount confirmed or granted or enhanced1.Partial Disability(30% x Rs.9000) 50,0002,70,000enhanced2.Medical expenses2,24,5112,24,511confirmed3. Loss of income (Rs.12000 x 6)36,00072,000enhanced4.Pain and sufferings 50,00050,000confirmed5.Nourishment5,00010,000enhanced6.Transportation5,00010,000enhancedTotal3,70,5116,36,511Rounded off to 6,36,52011.The compensation awarded by the tribunal at Rs.3,70,511/- is enhanced to Rs.6,36,520/-. The 2nd and 3rd respondents 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. On such deposit, the appellant is permitted to withdraw 6/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 2024the 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.12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.24-07-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special District Court, Erode2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 1874 of 2024T.V.THAMILSELVI J.rppCMA No. 1874 of 2024 24-07-20258/8