High Court · 2025
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CMA No. 1847 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1847 of 2022ChandrababuAppellantVs1. A.Kalaiarasan2.The New India Assurance CO.Ltd.,No.45, Moore Street, V Floor, Chennai-1RespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to set aside the Judgment and Decree dated 15.11.2021 made in MACT.O.P.No. 2533 of 2015, on the file of the Special Court II (Motor Accidents Claims Tribunal) Chennai.For Appellant:Mr. N.M.MuthurajanFor Respondents:Mr.T.Jayaraman For R2 R1 - Exparte1/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022JUDGMENTThe petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.2533 of 2015, dated 15.11.2021 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 21.08.2014 at about 12.30 hours, the petitioner was travelling as a pillion rider in a two wheeler bearing Regn. No. TN-85-6448 from Guindy to Chrompet along GST Road, north to south direction, and one Nandhakumar was riding his two wheeler and when they were waiting for traffic signal at Areva Signal point, Pallavaram, at that time, a lorry bearing Regn. No. TN-73-0496 driven by its driver in a rash and negligent manner, dashed on the two wheeler and caused accident. Due to which, the petitioner fell down and 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.55,00,000/-.3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion 2/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022that 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.5,17,800/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Disability 1,00,0002.Pain and sufferings40,0003.Transportation5,0004.Medical expenses3,24,7005.Extra nourishment10,0006.Attender charges11,1007.Loss of amenities27,000Total5,17,8004.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 5.The claimant 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. 3/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 20226. The learned counsel for appellant would submit that the appellant sustained grievous fractures all over the body and even after treatment, he was affected with functional disability and the medical board had certified the disability as 25% of permanent disability, but the tribunal has erroneously fixed a sum of Rs.4000/- per percentage of disability. Hence, he prayed to enhance the compensation. 7. The learned counsel for 2nd respondent raised objections stating that there is no supporting document to prove the permanent disability. Hence, the tribunal has rightly fixed the compensation, which needs no interference of this court. 8. Heard and considered rival submissions made by both learned counsel for appellant as well as 2nd respondent and perused materials available on record. 9. Considering both side submissions, the fact reveals that as per Ex.P2 discharge summary, the appellant suffered with following injury :-Comminuted displaced fracture of ilateral iliac bones involving sacrioliac joint articulating surace.4/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022Undisplaced fracture of left sacral ala and S1 to S4 vertebral lateral mass.Displaced fracture of right superior and inferior public rami.Dislocation of pubic symphasis with widened pubic symphasis and perivesical hamatoma, left inguinal abdominal wall hamatoma.”The aforesaid injuries are grievous injuries and medical board had assessed the disability as 25% of permanent disability. Till date, he is taking treatment according to the appellant. Further, due to the injury sustained in the accident, he lost his matrimonial life according to the appellant. So, the disability fixed by the tribunal as such is sustainable one, which needs no interference. 10. Admittedly, the accident was happened in the year 2014, he had sustained aforesaid grievous injuries, he was aged about 36 years and due to the injuries sustained in the accident, he lost his matrimonial life and also suffered with total loss of earning power and depending upon his brother's income. Considering that, this court is inclined to apply the multiplier of 16 and also 40% of future prospects is to be arrived. 5/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 202211. Furthermore, on perusal of records, he was worked as a Supervisor in a Avineshwaran Craft Co. and earned a sum of Rs.15,000/- per month at the time of accident, which was happened in the year 2014. The tribunal had fixed only a sum of Rs.9,000/- towards notional monthly income. Therefore, considering his age, considering the cost of living at that time as well as considering his income, this Court is inclined to enhance the notional income from Rs.9,000/-to Rs.12,000/- per month. 12. On seeing the facts, he had sustained grievous injuries and also took treatment for more than 37 days in a private hospital, as a result of which, he sustained severe pain and suffering. Considering that, the sum awarded for pain and suffering is to be increased from Rs.40,000/- to Rs.1,00,000/- and the transportation charges is also enhanced from Rs.5,000/- to Rs.10,000/-. Considering the fact that during the treatment period, he required an attender, the same is enhanced from Rs.11,100/- to Rs.18,000/-. As he had suffered with grievous injuries due to the accident, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.10,000/- to Rs.25,000/-. The compensation 6/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022that has been fixed under the head of medical expenses is reasonable and does not require the interference of this Court.13.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.12,000/- (add 40% future prospects) =12000 + 4800 = 1680016800 x 12 x 16 (multiplier) = Rs.32,25,600 Rs. 32,25,600/- x 25%= Rs.8,06,400/- 1,00,0008,06,400enhanced2.Pain and sufferings40,0001,00,000enhanced3.Transportation5,00010,000enhanced4.Medical expenses3,24,7003,24,700confirmed5.Extra nourishment10,00025,000enhanced6.Attender charges11,10018,000enhanced7.Loss of earnings27,000nilTotal5,17,80012,84,100enhanced14.The compensation awarded by the tribunal at Rs.5,17,800/- is enhanced to Rs.12,84,100/-. The second respondent insurance company is directed to deposit the enhanced compensation, less the amount already 7/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022deposited, 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 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.15.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.14-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Court-II, Court of Small Causes, Chennai.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022T.V.THAMILSELVI J.rppCMA No. 1847 of 2022 14-08-20259/9
CMA No. 1847 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1847 of 2022ChandrababuAppellantVs1. A.Kalaiarasan2.The New India Assurance CO.Ltd.,No.45, Moore Street, V Floor, Chennai-1RespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to set aside the Judgment and Decree dated 15.11.2021 made in MACT.O.P.No. 2533 of 2015, on the file of the Special Court II (Motor Accidents Claims Tribunal) Chennai.For Appellant:Mr. N.M.MuthurajanFor Respondents:Mr.T.Jayaraman For R2 R1 - Exparte1/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022JUDGMENTThe petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.2533 of 2015, dated 15.11.2021 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 21.08.2014 at about 12.30 hours, the petitioner was travelling as a pillion rider in a two wheeler bearing Regn. No. TN-85-6448 from Guindy to Chrompet along GST Road, north to south direction, and one Nandhakumar was riding his two wheeler and when they were waiting for traffic signal at Areva Signal point, Pallavaram, at that time, a lorry bearing Regn. No. TN-73-0496 driven by its driver in a rash and negligent manner, dashed on the two wheeler and caused accident. Due to which, the petitioner fell down and 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.55,00,000/-.3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion 2/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022that 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.5,17,800/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Disability 1,00,0002.Pain and sufferings40,0003.Transportation5,0004.Medical expenses3,24,7005.Extra nourishment10,0006.Attender charges11,1007.Loss of amenities27,000Total5,17,8004.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 5.The claimant 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. 3/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 20226. The learned counsel for appellant would submit that the appellant sustained grievous fractures all over the body and even after treatment, he was affected with functional disability and the medical board had certified the disability as 25% of permanent disability, but the tribunal has erroneously fixed a sum of Rs.4000/- per percentage of disability. Hence, he prayed to enhance the compensation. 7. The learned counsel for 2nd respondent raised objections stating that there is no supporting document to prove the permanent disability. Hence, the tribunal has rightly fixed the compensation, which needs no interference of this court. 8. Heard and considered rival submissions made by both learned counsel for appellant as well as 2nd respondent and perused materials available on record. 9. Considering both side submissions, the fact reveals that as per Ex.P2 discharge summary, the appellant suffered with following injury :-Comminuted displaced fracture of ilateral iliac bones involving sacrioliac joint articulating surace.4/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022Undisplaced fracture of left sacral ala and S1 to S4 vertebral lateral mass.Displaced fracture of right superior and inferior public rami.Dislocation of pubic symphasis with widened pubic symphasis and perivesical hamatoma, left inguinal abdominal wall hamatoma.”The aforesaid injuries are grievous injuries and medical board had assessed the disability as 25% of permanent disability. Till date, he is taking treatment according to the appellant. Further, due to the injury sustained in the accident, he lost his matrimonial life according to the appellant. So, the disability fixed by the tribunal as such is sustainable one, which needs no interference. 10. Admittedly, the accident was happened in the year 2014, he had sustained aforesaid grievous injuries, he was aged about 36 years and due to the injuries sustained in the accident, he lost his matrimonial life and also suffered with total loss of earning power and depending upon his brother's income. Considering that, this court is inclined to apply the multiplier of 16 and also 40% of future prospects is to be arrived. 5/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 202211. Furthermore, on perusal of records, he was worked as a Supervisor in a Avineshwaran Craft Co. and earned a sum of Rs.15,000/- per month at the time of accident, which was happened in the year 2014. The tribunal had fixed only a sum of Rs.9,000/- towards notional monthly income. Therefore, considering his age, considering the cost of living at that time as well as considering his income, this Court is inclined to enhance the notional income from Rs.9,000/-to Rs.12,000/- per month. 12. On seeing the facts, he had sustained grievous injuries and also took treatment for more than 37 days in a private hospital, as a result of which, he sustained severe pain and suffering. Considering that, the sum awarded for pain and suffering is to be increased from Rs.40,000/- to Rs.1,00,000/- and the transportation charges is also enhanced from Rs.5,000/- to Rs.10,000/-. Considering the fact that during the treatment period, he required an attender, the same is enhanced from Rs.11,100/- to Rs.18,000/-. As he had suffered with grievous injuries due to the accident, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.10,000/- to Rs.25,000/-. The compensation 6/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022that has been fixed under the head of medical expenses is reasonable and does not require the interference of this Court.13.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.12,000/- (add 40% future prospects) =12000 + 4800 = 1680016800 x 12 x 16 (multiplier) = Rs.32,25,600 Rs. 32,25,600/- x 25%= Rs.8,06,400/- 1,00,0008,06,400enhanced2.Pain and sufferings40,0001,00,000enhanced3.Transportation5,00010,000enhanced4.Medical expenses3,24,7003,24,700confirmed5.Extra nourishment10,00025,000enhanced6.Attender charges11,10018,000enhanced7.Loss of earnings27,000nilTotal5,17,80012,84,100enhanced14.The compensation awarded by the tribunal at Rs.5,17,800/- is enhanced to Rs.12,84,100/-. The second respondent insurance company is directed to deposit the enhanced compensation, less the amount already 7/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022deposited, 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 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.15.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.14-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Court-II, Court of Small Causes, Chennai.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 1847 of 2022T.V.THAMILSELVI J.rppCMA No. 1847 of 2022 14-08-20259/9