✦ High Court of India · 08 Aug 2025

High Court · 2025

Case Details High Court of India · 08 Aug 2025
Court
High Court of India
Decided
08 Aug 2025
Bench
T V THAMILSELVI
Length
1,482 words

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 2nd respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.”5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1529 of 2025 dated 14.07.2025 and issue fresh order copy to the appellant.08.08.2025rppT.V.THAMILSELVI, J.4/13 https://www.mhc.tn.gov.in/judis rpp C.M.A. No.1529 of 202508.08.2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-07-2025CORAM5/13 https://www.mhc.tn.gov.in/judis THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1529 of 20251. P. KannanS/o. Palayam, No. 2/87, Gandhi Street, Bharathi Nagar, Tharapakkam, Thandalam, Chennai 122Appellant(s)Vs1. M. SuryaS/o. Manivannan, No. 17, Vinayaga Nagar, 1st Main Road, Kamarajapuram, Anakaputhur, Chennai 702.United India Insurance Company LimitedSilling Building, 4th Floor, No. 134, Greams Road, Chennai 006Respondent(s)CMA No. 1529 of 2025PRAYERTo enhancing the compensation awarded in the Judgment and Decree, dated 25.09.2024 passed in M.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai)6/13 https://www.mhc.tn.gov.in/judis CMA No. 1529 of 2025For Appellant(s):Mr.K.BalajiFor Respondent(s):Mr.K.Swaminathan For R2 R1 -notice Sent Service AwaitedJUDGEMENTThis Civil Miscellaneous Appeal has been filed to enhance the compensation awarded in the Judgment and Decree, dated 25.09.2024 passed in M.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai) ( in short''tribunal'').

2. On 09.12.2018 at about 21.15 hours while the claimant was riding the motorcycle bearing registration No. TN 11 R 0752 proceeding at the left side of the Gandhi Main road near Malar medical shop, Pammal, at that time another motorcycle bearing registration No. TN 85 H 0443 ridden by its rider in a rash and negligent manner came from opposite side and hit the claimant motorcycle due to which claimant fell down and sustained grevious injuries. Thereafter, the appellant filed the petition before the tribunal claiming compensation. The second respondent Insurance company contested the case by filing counter. After considering the oral and 7/13 https://www.mhc.tn.gov.in/judis documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the appellant submits that the appellant is trimmer and earned Rs.15,000/- per month but the tribunal has fixed only Rs.12,000/- as income of the appellant. Further, he submits that without any evidence the tribunal has erroneously fixed 20% contributory negligence upon the appellant. Further, the claimant has sustained 35% permanent disability instead of adopting multiplier method the tribunal has awarded Rs.7,000/- per percentage of disability. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent insurance compensation submits that the tribunal has rightly fixed compensation which needs no interference.

5. Considering the date of the accident and also cost of living at the time of the accident, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Further, the claimant has sustained permanent disability hence this Court is inclined to adopt multiplier method, the claimant is aged about 36 years at the time of the accident. Therefore, the 8/13 https://www.mhc.tn.gov.in/judis multiplier is 16 and 40% future prospects. Accordingly, the claimant is entitled to Rs.6,91,200/- {15,000+3000x12x16x20/100} under the head of disability. Further, the respondent counsel claimed that the claimant was inebriated at the time of the accident, however except A.R copy there is no medical proof adduced on the side of the respondent to prove that the claimant was in inebriated mood at the time of the accident. Hence, this Court is inclined to fix 10% contributory negligence on the part of the claimant. Further, this Court amount awarded under the head of attender charge, loss of amenities and extra nourishment are very meagre. Hence, this Court is inclined to fix Rs.14,000/- for attender charges and Rs.10,000/- for transportation and Rs.15,000/- for loss of amenities and Rs.15,000/- for extra nourishment. Except above modification, the award passed by the tribunal in other heads remain unchanged.

6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.40,000/-Rs.40,000/-9/13 https://www.mhc.tn.gov.in/judis S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 2.Loss of IncomeRs.36,000/-Rs.36,000/-3.Medical ExpensesNilNil4.Transportation expensesRs.5,000/-Rs.10,000/-5.Extra NourishmentRs.10,000/-Rs.15,000/-6.Attender chargesRs.7,000/-Rs.14,000/-7.Damages to cloths and articleNilNil8.Lost of amenitiesRs.10,000/-Rs.15,000/-9.For disabilityRs.2,45,000/-Rs.6,91,200/- 10TotalRs.3,53,000/-Rs.8,21,200/-10% deducted for contributory negligence = Rs.7,39,080/- rounded off to Rs.7,39,100/-7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.7,39,100/-. 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 ofM.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V 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 amount has already deposited before the tribunal. 10/13 https://www.mhc.tn.gov.in/judis In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.14-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No11/13 https://www.mhc.tn.gov.in/judis CMA No. 1529 of 2025To1.M. SuryaS/o. Manivannan, No. 17, Vinayaga Nagar, 1st Main Road, Kamarajapuram, Anakaputhur, Chennai 702.United India Insurance Company LimitedSilling Building, 4th Floor, No. 134, Greams Road, Chennai 006.

3. The Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai).

4. The Section Officer, V.R Section, High Court, Madras.12/13 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. pblCMA No. 1529 of 2025 14-07-202513/13

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 2nd respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.”5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1529 of 2025 dated 14.07.2025 and issue fresh order copy to the appellant.08.08.2025rppT.V.THAMILSELVI, J.4/13 https://www.mhc.tn.gov.in/judis rpp C.M.A. No.1529 of 202508.08.2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-07-2025CORAM5/13 https://www.mhc.tn.gov.in/judis THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1529 of 20251. P. KannanS/o. Palayam, No. 2/87, Gandhi Street, Bharathi Nagar, Tharapakkam, Thandalam, Chennai 122Appellant(s)Vs1. M. SuryaS/o. Manivannan, No. 17, Vinayaga Nagar, 1st Main Road, Kamarajapuram, Anakaputhur, Chennai 702.United India Insurance Company LimitedSilling Building, 4th Floor, No. 134, Greams Road, Chennai 006Respondent(s)CMA No. 1529 of 2025PRAYERTo enhancing the compensation awarded in the Judgment and Decree, dated 25.09.2024 passed in M.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai)6/13 https://www.mhc.tn.gov.in/judis CMA No. 1529 of 2025For Appellant(s):Mr.K.BalajiFor Respondent(s):Mr.K.Swaminathan For R2 R1 -notice Sent Service AwaitedJUDGEMENTThis Civil Miscellaneous Appeal has been filed to enhance the compensation awarded in the Judgment and Decree, dated 25.09.2024 passed in M.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai) ( in short''tribunal'').

2. On 09.12.2018 at about 21.15 hours while the claimant was riding the motorcycle bearing registration No. TN 11 R 0752 proceeding at the left side of the Gandhi Main road near Malar medical shop, Pammal, at that time another motorcycle bearing registration No. TN 85 H 0443 ridden by its rider in a rash and negligent manner came from opposite side and hit the claimant motorcycle due to which claimant fell down and sustained grevious injuries. Thereafter, the appellant filed the petition before the tribunal claiming compensation. The second respondent Insurance company contested the case by filing counter. After considering the oral and 7/13 https://www.mhc.tn.gov.in/judis documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the appellant submits that the appellant is trimmer and earned Rs.15,000/- per month but the tribunal has fixed only Rs.12,000/- as income of the appellant. Further, he submits that without any evidence the tribunal has erroneously fixed 20% contributory negligence upon the appellant. Further, the claimant has sustained 35% permanent disability instead of adopting multiplier method the tribunal has awarded Rs.7,000/- per percentage of disability. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent insurance compensation submits that the tribunal has rightly fixed compensation which needs no interference.

5. Considering the date of the accident and also cost of living at the time of the accident, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Further, the claimant has sustained permanent disability hence this Court is inclined to adopt multiplier method, the claimant is aged about 36 years at the time of the accident. Therefore, the 8/13 https://www.mhc.tn.gov.in/judis multiplier is 16 and 40% future prospects. Accordingly, the claimant is entitled to Rs.6,91,200/- {15,000+3000x12x16x20/100} under the head of disability. Further, the respondent counsel claimed that the claimant was inebriated at the time of the accident, however except A.R copy there is no medical proof adduced on the side of the respondent to prove that the claimant was in inebriated mood at the time of the accident. Hence, this Court is inclined to fix 10% contributory negligence on the part of the claimant. Further, this Court amount awarded under the head of attender charge, loss of amenities and extra nourishment are very meagre. Hence, this Court is inclined to fix Rs.14,000/- for attender charges and Rs.10,000/- for transportation and Rs.15,000/- for loss of amenities and Rs.15,000/- for extra nourishment. Except above modification, the award passed by the tribunal in other heads remain unchanged.

6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.40,000/-Rs.40,000/-9/13 https://www.mhc.tn.gov.in/judis S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 2.Loss of IncomeRs.36,000/-Rs.36,000/-3.Medical ExpensesNilNil4.Transportation expensesRs.5,000/-Rs.10,000/-5.Extra NourishmentRs.10,000/-Rs.15,000/-6.Attender chargesRs.7,000/-Rs.14,000/-7.Damages to cloths and articleNilNil8.Lost of amenitiesRs.10,000/-Rs.15,000/-9.For disabilityRs.2,45,000/-Rs.6,91,200/- 10TotalRs.3,53,000/-Rs.8,21,200/-10% deducted for contributory negligence = Rs.7,39,080/- rounded off to Rs.7,39,100/-7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.7,39,100/-. 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 ofM.C.O.P. No. 1842 of 2019 on the file of the Motor Accidents Claims Tribunal (In the V 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 amount has already deposited before the tribunal. 10/13 https://www.mhc.tn.gov.in/judis In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.14-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No11/13 https://www.mhc.tn.gov.in/judis CMA No. 1529 of 2025To1.M. SuryaS/o. Manivannan, No. 17, Vinayaga Nagar, 1st Main Road, Kamarajapuram, Anakaputhur, Chennai 702.United India Insurance Company LimitedSilling Building, 4th Floor, No. 134, Greams Road, Chennai 006.

3. The Motor Accidents Claims Tribunal (In the V Court of Small Causes, Chennai).

4. The Section Officer, V.R Section, High Court, Madras.12/13 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. pblCMA No. 1529 of 2025 14-07-202513/13

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