High Court · 2025

CMA No. 2506 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2506 of 2024S.NanthakumarAppellantVs1. S.Mani2.Rajaguru Spinning Mills Private LimitedNo.3/249, Sankari main Road, Vediarasampalayam, Pallipalayam, Komarapalayam Taluk, Namakkal District-6380083.United India Insurance Company LimtiedBranch Office at No.104-A, Ranga Building, Peramanur Main Road, Near Four Roads, Salem-636 0071/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 20244.United India Insurance Company LimitedDivisional Office at Muthiah Complex, No.1170, Mettur Road, Erode-11, Erode Taluk and DistrictRespondent(s)PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to enhance the compensation amount and fix the entire liability on the 3rd respondent made in Judgment and decree dated 21.11.2022 made in MCOP No.111/2020 dated on the file of the Motor Accidents Claims Tribunal Special subordinate Judge, Erode.For Appellant:Mr.S.P.YuarajFor Respondents:RR1 and 2 - Notice Dispensed With Mr. D.Venkatachalam For RR3 and 4JUDGMENTThe petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.111 of 2020, dated 21.11.2022 has 2/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 2024preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 13.01.2020 at about 06.20 a.m., when the petitioner was crossing the road from east to west direction on the Pallipalayam to Sankagiri road at Pallipalayam, in front of Cheran hospital, at that time, the driver of a van bearing Regn. No. TN-34 H-4008 from north to south direction, driven it in a rash and negligent manner, dashed on the petitioner and caused an accident. Due to which, the petitioner fell down on the road and sustained bone fracture and multiple grievous 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.30,00,000/-.3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that 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 3/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 2024Tribunal fixed the total compensation payable at Rs.6,44,000/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Loss of earnings36,0002.Transport to hospital5,0003.Extra nourishment7,0004.Attender charges10,0005.Future medical expensesnil6.Damages for cloths and articles2,0007.Medical expenses3,49,0008.Pain and sufferings50,0009.Permanent disability and loss of earning power1,85,000Total6,44,0004.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 5.The petitioner 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. 4/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 20246. The learned counsel for appellant would submit that the petitioner was doing centering and stage decoration works and was earning a sum of Rs.20,000/- per month and the accident was happened in the year 2020. But, the tribunal has fixed only a sum of Rs.9,000/- as notional monthly income and the same is to be enhanced. Furthermore, the tribunal had fixed only a sum of Rs.5000/- per percentage of disability and the same is also to be enhanced. Hence, he prayed to enhance the compensation. 7. The learned counsel for respondents 3 and 4 would submit that to prove the income of petitioner, he has not produced any document to corroborate the same. Hence, the tribunal has rightly fixed the income of the petitioner as well as percentage of disability, which needs no interference of this court. 8. Heard and considered rival submissions made by both learned counsel for appellant as well as respondents 3 and 4 and perused materials available on record. 9. Considering both side submissions, the fact reveals that admittedly, the petitioner was doing centering and decoration work at the time of accident, which was happened in the year 2020. The tribunal had fixed only a sum of 5/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 2024Rs.9,000/- towards notional income. Therefore, on considering cost of living at that time, he would have earned per day a sum of Rs.500/-, this Court is inclined to enhance the notional income from Rs.9,000/- per month to Rs.15,000/- per month. On seeing the facts, he has undergone surgeries during the treatment period and also took treatment as outpatient for some days in various hospitals. Considering that, the sum awarded for extra nourishment is to be increased from Rs.7,000/- to Rs.10,000/- . Considering the fact that as he has taken treatment period for 14 days, the petitioner required an attender. Hence, the attender charges is to be arrived at Rs.400 x 16 = Rs.6,400/-. 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 five months, he was not able to attend his centering work. Hence, five months period is to be taken for loss of income. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.6/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 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.Loss of earning during the treatment period Rs.15,000/- x 5 = 75,00036,00075,000enhanced2.Transport to hospital5,0005,000confirmed3.Extra nourishment7,00010,000enhanced4.Attender charges10,0006,400reduced5.Future medical expensesnilnil6.Damages for cloths and articles2,0002,000confirmed7.Medical expenses3,49,0003,49,000confirmed8.Pain and sufferings50,00050,000confirmed9.Permanent disability and loss of earning power (Rs.9000/- x 37% = 3,33,000)1,85,0003,33,000enhancedTotal6,44,008,30,40011.The compensation awarded by the tribunal at Rs.6,44,000/- is enhanced to Rs.8,30,400/-. The respondents 3 and 4 are 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 7/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 2024a period of eight weeks from the date of receipt of copy of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the petitioner. 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.08-07-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Judge, Erode. 2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 2506 of 2024T.V.THAMILSELVI J.rppCMA No. 2506 of 2024 08-07-20259/9