High Court · 2025

C.M.A.No.2695 of 2024C.M.A.No. 2695 of 2024T.V.THAMILSELVI, J. This matter was taken up for hearing under the caption “For Being Mentioned” today at the instance of the learned counsel for the appellant. 2. The learned counsel for appellant would submit that this Court by Judgment dated 18.07.2025 partly allowed the above Civil Miscellaneous Appeal. However, he would submit that in para 4, 5th line, the amount awarded under the head of disability was wrongly calculated. He would also submit that instead of mentioning the medical expenses granted by the tribunal at Rs.6,00,268/-, it was wrongly mentioned as Rs.2,000/- as well as Rs.50,000/-. He would also submit that instead of mentioning the amount awarded by the tribunal towards permanent partial disability at Rs.5,18,400/-, it was wrongly mentioned as Rs.6,00,268/- and the amount awarded by this court under the said head is also to be modified. Hence, he prayed to modify the calculation column and requested to issue fresh order copy. 3. Heard the contentions of learned counsel for appellant and perused the order. 1/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 20244.Considering his submissions, Registry is directed to substitute the amount mentioned in para 4, 5th line viz., Rs.20,73,600/- as Rs.12,96,000/-. (i) Registry is also directed to substitute calculation column in para 5 of judgment as follows:-S.NoCompensation awarded under the headAmount awarded by Tribunal(in Rs.)Amount(in Rs.)Award confirmed or granted or enhanced1.Pain and sufferings2,00050,000enhanced2. Medical expenses6,00,2686,00,268confirmed3.Future Medical expenses2,00050,000enhanced4.Transportation expenses2,00010,000enhanced5.Extra nourishment2,00010,000enhanced6.Attender charges2,00015,000enhanced7.Damages to cloths and articlenilnilconfirmed8.Loss of amenities2,00025,000enhanced9. For permanent disability(16000 x 12 x 9 x 75%)5,18,40012,96,000enhancedTotal11,30,66820,56,268enhancedLess : 10% of contributory negligence1,13,0662,05,626Compensation awarded10,17,60218,50,642enhanced(ii) Registry is also directed to substitute para 6 of the order as 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024follows:-“6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.18,50,642/-. 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 MCOP.No.291 of 2019 on the file of the Motor Accident Claims Tribunal/Addl. District Judge, Hosur 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.”5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.2695 of 2025 dated 18.07.2025 and issue fresh order copy to the appellant.10.10.2025rppT.V.THAMILSELVI, J.3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024rpp C.M.A. No.2695 of 202410.10.2025IN THE HIGH COURT OF JUDICATURE AT MADRAS4/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024DATED: 18.07.2025CORAM: THE HON'BLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2695 of 2024Munireddy... AppellantVs.1. Singadurai. A2.The Branch Manager, United India Insurance Company Limited, No.1/127A, Trunk Road, Poonamalle, Chennai – 600 056....Respondents PRAYER: This Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, to modify the order dated 25.08.2022 passed in MCOP No. 291 of 2019 on the file of MACT/Additional District Judge, Hosur.For Appellant : Mr. Pa. Sudesh KumarFor R2 : Mr.D. Venkatachalam.None appeared for R1 JUDGMENTThis Civil Miscellaneous Appeal has been filed to modify the 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024order dated 25.08.2022 passed in MCOP No. 291 of 2019 on the file of MACT/Additional District Judge, Hosur( in short tribunal).2. On 30.09.2018, at about 01.20 p.m., the claimant after filling petrol to his motorcycle bearing registration No. TN 70 J 6376, in the Sapthagiri Fuel Station petrol bunk, at Andhivadi check post – TVS road he was entering on main road with indicator, at that time the vehicle bearing registration No. TN 12 F 8448, driven by its driver in a rash and negligent manner dashed against the claimant. Due to which, the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The second respondent contested the case by filing counter. After considering the oral and documentary evidence tribunal awarded compensation. Challenging the quantum of compensation the appellant filed this appeal.3. The learned counsel for the appellant/claimant submits that due to the said accident the claimant left leg was amputated so the claimant being the agriculture coolie his entire livelihood is affected without considering the above fact the tribunal awarded very less amount as compensation. Hence, he prays to enhance the compensation. On the other side, the learned counsel for the second respondent submits that the tribunal 6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024has rightly passed the award which needs no interference. Hence, he prays to dismiss this appeal.4.Considering the fact that the claimant leg was amputated and also the medical board assessed 75% disability and also the cost of living at the time of the accident this Court is inclined to fix Rs.16,000/- as the notional income of the claimant. Accordingly, the claimant is entitled to Rs.20,73,600/-(16000x12x9x75/100) under the head of disability. Further, this court is inclined to fix Rs.50,000/- under head of pain and sufferings. Further, the claimant leg was amputated hence he would have taken extra nourishment and amputation may cause future medical expenses. Hence, this Court is inclined to fix Rs.50,000/- for future medical expenses and Rs.10,000/- for extra nourishment. Further, this Court is inclined to fix Rs.25,000/- for loss of amenities. The claimant has taken treatment of 17 days. Hence, this Court is inclined to fix Rs.10,000/- transportation expenses and Rs.15,000/- for attender charges. Except above modification, the award passed by the tribunal in other heads remain unchanged. 5. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- 7/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.2,000/-RS.50,000/-2.Medical expensesRs.2,000/-Rs.50,000/-3.Future Medical ExpensesRs.2,000/-Rs.50,000/-4.Transportation expensesRs.2,000/-Rs.10,000/-5.Extra NourishmentRs.2,000/-Rs.10,000/-6.Attender chargesRs.2,000/-Rs.15,000/-7.Damages to cloths and articleNil Nil8.Lost of amenitiesRs.2,000/-Rs.25,000/-9.For permanent disabilityRs.6,00,268/-Rs.20,73,600/-10TotalRs.10,17,602/-Rs.22,83,600/-6. After decuting 10% for contributory negligence, the claimant is entitled to Rs. 20,55,240/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 20,55,240/- . 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 MCOP No. 291 of 2019 on the file of MACT/Additional District Judge, Hosur, 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 8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024formal application before the Tribunal. 7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.18.07.2025pblTo1. The MACT/Additional District Judge, Hosur.2. The Section Officer, V.R Section, High Court, Madras. T.V.THAMILSELVI,J.9/10 https://www.mhc.tn.gov.in/judis C.M.A.No.2695 of 2024PblCMA No. 2965 of 202418.07.202510/10