High Court · 2026

CMA No. 1663 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-01-2026CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1663 of 20251. DhanasekarS/o. Balasundaram, No.110, Kanniyamman Kovil Street, Kasimedu, Chennai 013.Appellant(s)Vs1. PradeebanS/o. Manivasagam, No.270, 1st Block, VOC Nagar, Tondiarpet, Chennai 081. (Since R1 remained exparte before the Tribunal his presence may be dispensed with)2.IFFCO-TOKIO General Insurance Co.Ltd.,IFFCO Bhavan, 4th Floor, No.128, Abibulla Road, T. Nagar, Chennai 017.Respondent(s)CMA No. 1663 of 2025PRAYERTo set aside the Judgement dated 12.07.2023 and made in MACT OP No.5804 of 2016 on the file of the Motor Accidents Claims Tribunal IV Court of Small Causes, Chennai.CMA No. 1663 of 2025For Appellant(s):Mr.G. DineshFor Respondent(s):Mr.B.Siva Kollapan For M/s. S and S Legal For R2 R1 - No Such Door Number https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025ORDERThe matter is listed today under the caption “For Being Mentioned” at the instance of the learned counsel for the petitioner.2.It is brought to the notice of this Court that some typographical error has been crept in para No.8 of the judgement dated 26.08.2025 and the same shall be replaced as follows:8. In view of the discussions made earlier, this Court is inclined to award compensation of Rs. 2,83,000/- to the appellant. At the time of the accident, the first respondent's vehicle was insured with the second respondent Insurance Company. Hence, the 2nd respondent is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MACT OP No.5804 of 2016 on the file of the Motor Accidents Claims Tribunal IV Court of Small Causes, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. 4. Registry is directed to carry out the necessary correction in the judgement dated 26.08.2025 and issue a fresh copy to the learned counsel for the parties.29-01-2026PblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025T.V.THAMILSELVI J. pblCMA No. 1663 of 2025 29.01.2026 https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1663 of 20251. DhanasekarS/o. Balasundaram, No.110, Kanniyamman Kovil Street, Kasimedu, Chennai 013.Appellant(s)Vs1. PradeebanS/o. Manivasagam, No.270, 1st Block, VOC Nagar, Tondiarpet, Chennai 081. (Since R1 remained exparte before the Tribunal his presence may be dispensed with)2.IFFCO-TOKIO General Insurance Co.Ltd.,IFFCO Bhavan, 4th Floor, No.128, Abibulla Road, T. Nagar, Chennai 017.Respondent(s)CMA No. 1663 of 2025PRAYERTo set aside the Judgement dated 12.07.2023 and made in MACT OP No.5804 of 2016 on the file of the Motor Accidents Claims Tribunal IV Court of Small Causes, Chennai.CMA No. 1663 of 2025For Appellant(s):Mr.G. DineshFor Respondent(s):Mr.B.Siva Kollapan For M/s. S https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025and S Legal For R2 R1 - No Such Door NumberJUDGEMENTThis Civil Miscellaneous Appeal has been filed to set aside the Judgement dated 12.07.2023 and made in MACT OP No.5804 of 2016 on the file of the Motor Accidents Claims Tribunal IV Court of Small Causes, Chennai.2. The brief facts of the case:On 16.08.2016 at about 11.30 p.m., while the petitioner was pedestrian at a place in S.N.Chetty Street, opposite of SSS Varukadalai, Kasimedu, a car bearing registration No. TN 22 AT 8253 driven by its driver in a very rash and negligent manner dashed against the claimant/appellant herein, due to which the appellant sustained grievous injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation and the second respondent contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation, the claimant/appellant filed this appeal. 3. The learned counsel for the appellant submits that at time of the accident the appellant was pedestrain due to the rash and negligent driving of the said car, the accident was happened but the tribunal erroneously concluded that the appellant attempted to cross the centre median thereby he invented the accident. Accordingly, dismissed the petition. Challenging the same, the appellant/claimant filed this appeal. https://www.mhc.tn.gov.in/judis CMA No. 1663 of 20254. The learned counsel for the respondent submits that tribunal passed the award which needs no interference.5. Heard, the submission of the learned counsel for the appellant and the respondent.6. On perusal of the records and on seeing the manner of the accident, it reveals that at the time of the accident the appellant/claimant was pedestrian, and the road divided by centre median when he attempted to cross the road the car bearing registration No. TN 22 AT 8253 was hit against him. Therefore, this Court is of the view that the accident was happened due to the rash and negligent driving of the car and also there is negligence on the side of the appellant also. Hence, this Court is inclined to fix 80% negligence upon the driver of the car and 20% upon the appellant. As per the records, the appellant sustained two fractures. The appellant was taken to medical college hospital where he had taken treatment from 17.08.2016 to 20.08.2016. According to Discharge summary/Ex.P2, he sustained two fractures and the medical board certified that the claimant/appellant has sustained 28% disability. Hence, this Court is inclined to adopt per percentage method. Accordingly, the appellant is entitled to Rs.1,68,000/- under the head of disability. 7. Considering the nature of injuries suffered by the petitioner and also claimant had taken treatment for three days. Hence, this Court is inclined to fix Rs.25,000/- under the head of pain and sufferings and Rs. 5000/- for transportation. Extra nourishment is require for his recovery. Accordingly, the https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025appellant is entitled to Rs.10,000/- under the head of extra nourishment. This Court is inclined to award Rs.10,000/- under the head of loss of amenities. Further, this Court is inclined to fix Rs.5,000/- for transportation. Further, due to the injury, the claimant would have lost his income for 8 months. Considering the cost of living at the time of the accident, this Court is inclined to award Rs. 12,000/- as notional income. Accordingly, the claimant is entitled to Rs.96,000/- under the head of loss of income for 8 months.S.No.HeadCompensation awarded by this Court1.Pain and sufferingsRs. 25,000/-2.Loss of IncomeRs.96,000/-3.Medical ExpensesNil4.Transportation expensesRs.5,000/-5.Extra NourishmentRs.10,000/-6.Attender chargesNil7.Damages to cloths and articleNil8.Lost of amenitiesRs.10,000/-9.For permanent disabilityRs.1,68,000/-10TotalRs.3,14,000/- (After deducting 20% towards contributory negligence, the appellant/claimant is entitled to Rs. 2,82,600/-)8. In view of the discussions made earlier, this Court is inclined to award compensation In view of the discussions made earlier, this Court is inclined to award compensation of Rs. 2,83,000/- to the appellant. At the time of the accident, the first respondent's vehicle was insured with the second respondent Insurance Company. Hence, the 2nd respondent is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025claim petition to the date of realisation, to the credit of MACT OP No.5804 of 2016 on the file of the Motor Accidents Claims Tribunal IV Court of Small Causes, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any excessive amount has already been deposited before the tribunal.9. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.26-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo2. The Section officer, V. R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025 https://www.mhc.tn.gov.in/judis CMA No. 1663 of 2025T.V.THAMILSELVI J. pblCMA No. 1663 of 2025 26-08-2025