Madrasdated High Court · 2025
Case Details
Vs1. The Commissioner Of PoliceVepery, Chennai - 007.2.The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai - 014.Respondent(s)CMA No. 2810 of 2024PRAYERTo set aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022 and thus render justice.CMA No. 3148 of 2024PRAYERTo enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai as prayed for with interest and costCMA No. 2810 of 2024For Appellant(s):Mr.C.Sathish Govt.AdvocateFor Respondent(s):Mr. K. Varadha Kamaraj https://www.mhc.tn.gov.in/judis COMMON JUDGEMENTCMA No. 2810 of 2024 has been filed by the Commissioner of Police, Vepery, Chennai, to et aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022.2. CMA NO. 3148 of 2024 has been filed by the claimant to enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai3. For the sake of convenience the parties are denoted as per CMA No. 3148 of 2024. The learned counsel for the appellant/claimant submits that the claimant has sustained very grevious injuries but the tribunal has awarded very meagre amount as compensation. Hence, he prays to enhance the compensation.4. The learned counsel for the respondent submits that the tribunal has erroneously fixed entire liability upon the respondent without taking note of the fact that there was a negligence on the part of the injured. On the other side, the https://www.mhc.tn.gov.in/judis appellant counsel submits that the injured was hit by the police jeep which was driven by its driver in a rash and negligent manner. Hence, he prays to dismiss the appeal.5. A perusal of the FIR, it reveals that at the time of the accident, when the injured was standing on side of the road he was hit by police jeep driven by its driver in a rash and negligent manner to disprove the same there is no evidence was produced on the side of the respondent. Therefore, the tribunal has rightly fixed liability on the respondent which needs no interference. Accordingly, CMA No. 3148 of 2024 is dismissed.6. In respect of appeal filed by the appellant for enhancement of compensation, the tribunal has fixed only 5,000/- per percentage of disability which is very meagre. Hence, this Court is inclined to fix Rs.8,000/- per percentage of disability. Accordingly, the appellant is entitled to Rs.2,40,000/- under the head of disability. Further, the appellant has sustained grevious injuries and taken inpatient treatment for 9 days. Hence, this Court is inclined to enhance the award amount from Rs.20,000/- to Rs.60,000/- for pain and sufferings, and Rs.60,000/- for loss of earnings and Rs.10,000/- for attender https://www.mhc.tn.gov.in/judis charges and Rs.10,000/- for transportation charges and Rs.60,000/- for loss of income. Except above modification, the order passed by the tribunal in other heads remain unchanged. 7. 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.20,000/-Rs.60,000/-2.Loss of IncomeRs.12,210/-Rs.60,000/-3.Medical ExpensesRs.10,39,329/-Rs.10,39,329/-4.Transportation expensesRs.3,000/-Rs.10,000/-5.Extra NourishmentRs.5,000/-Rs.5,000/-6.Attender chargesRs.3,000/-Rs.10,000/-7.Damages to cloths and articleNilNil8.Lost of amenitiesRs.10,000/-Rs.10,000/-9.For permanent disabilityRs.1.50,000/-Rs.2,40,000/-10TotalRs.12,42,539/-Rs.14,34,329/-Rounded off to Rs.14,34,400/-8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.14,34,400/-. The respondent in CMA No. 3148 of 2024 is directed to deposit the said amount together with interest at the rate https://www.mhc.tn.gov.in/judis of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No. 5598/2019, on the file of the Motor Vehicle Accident Claims Tribunal/II Judge, 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.9. With the above direction, CMA No. 3148 of 2024 is partly allowed. No costs. Pending petition(s), if any, is/are closed. 03-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis To1.K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005.2. The Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai.3. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. pblCMA No. 2810 of 2024AND CMP NO. 22787 OF 2024,CMA NO. 3148 OF 202403.07.2025 https://www.mhc.tn.gov.in/judis IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.08.2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2810 of 2024ANDCMP NO. 22787 OF 2024,CMA NO. 3148 OF 20241. The Commissioner Of PoliceVepery, Chennai 600 007.2. The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai 014D4, Jam Bazaar Police Station, Triplicane, Chennai.Appellant(s)Vs1. K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005Respondent(s)CMA No. 3148 of 20241. K.BalajiS/o. Kuppusamy, No.15, NKR Puram, Thiruvallakkeni, Chennai - 005.Appellant(s) https://www.mhc.tn.gov.in/judis Vs1. The Commissioner Of PoliceVepery, Chennai - 007.2.The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai - 014.Respondent(s)CMA No. 2810 of 2024PRAYERTo set aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022 and thus render justice.CMA No. 3148 of 2024PRAYERTo enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai as prayed for with interest and costCMA No. 2810 of 2024For Appellant(s):Mr.C.Sathish Govt.AdvocateFor Respondent(s):Mr. K. Varadha Kamaraj https://www.mhc.tn.gov.in/judis JUDGEMENTToday, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellant.2.It is brought to the notice of this Court that some error has been crept in paragraph No.5 of the Order dated 03.07.2025. The said paragraph No.5 is replaced as follows:"A perusal of the FIR, it reveals that at the time of the accident, when the injured was standing on side of the road he was hit by police jeep driven by its driver in a rash and negligent manner to disprove the same there is no evidence was produced on the side of the respondent. Therefore, the tribunal has rightly fixed liability on the respondent which needs no interference. Accordingly, CMA No. 2810 of 2024 is dismissed.”3. Apart from the above correction the appearance of the counsel in CMANo.3148 of 2024 was not mentioned in the order dated 03.07.2025. It is seen from records that Mr.K. Varadha Kamaraj appeared for the appellant and Mr.C.Sathish, Govt Advocate appeared for the respondent in CMANo.3148 of 2024. 3. Registry is directed to make out the necessary correction in the order copy and issue fresh order copy to the parties forthwith. https://www.mhc.tn.gov.in/judis
4. In other respects, the order dated 03.07.2025 shall remain unaltered.25-08-2025smnIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis To1.K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005.2. The Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai.3. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. smnCMA No. 2810 of 2024AND CMP NO. 22787 OF 2024,CMA NO. 3148 OF 202425.08. 2025
Vs1. The Commissioner Of PoliceVepery, Chennai - 007.2.The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai - 014.Respondent(s)CMA No. 2810 of 2024PRAYERTo set aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022 and thus render justice.CMA No. 3148 of 2024PRAYERTo enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai as prayed for with interest and costCMA No. 2810 of 2024For Appellant(s):Mr.C.Sathish Govt.AdvocateFor Respondent(s):Mr. K. Varadha Kamaraj https://www.mhc.tn.gov.in/judis COMMON JUDGEMENTCMA No. 2810 of 2024 has been filed by the Commissioner of Police, Vepery, Chennai, to et aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022.2. CMA NO. 3148 of 2024 has been filed by the claimant to enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai3. For the sake of convenience the parties are denoted as per CMA No. 3148 of 2024. The learned counsel for the appellant/claimant submits that the claimant has sustained very grevious injuries but the tribunal has awarded very meagre amount as compensation. Hence, he prays to enhance the compensation.4. The learned counsel for the respondent submits that the tribunal has erroneously fixed entire liability upon the respondent without taking note of the fact that there was a negligence on the part of the injured. On the other side, the https://www.mhc.tn.gov.in/judis appellant counsel submits that the injured was hit by the police jeep which was driven by its driver in a rash and negligent manner. Hence, he prays to dismiss the appeal.5. A perusal of the FIR, it reveals that at the time of the accident, when the injured was standing on side of the road he was hit by police jeep driven by its driver in a rash and negligent manner to disprove the same there is no evidence was produced on the side of the respondent. Therefore, the tribunal has rightly fixed liability on the respondent which needs no interference. Accordingly, CMA No. 3148 of 2024 is dismissed.6. In respect of appeal filed by the appellant for enhancement of compensation, the tribunal has fixed only 5,000/- per percentage of disability which is very meagre. Hence, this Court is inclined to fix Rs.8,000/- per percentage of disability. Accordingly, the appellant is entitled to Rs.2,40,000/- under the head of disability. Further, the appellant has sustained grevious injuries and taken inpatient treatment for 9 days. Hence, this Court is inclined to enhance the award amount from Rs.20,000/- to Rs.60,000/- for pain and sufferings, and Rs.60,000/- for loss of earnings and Rs.10,000/- for attender https://www.mhc.tn.gov.in/judis charges and Rs.10,000/- for transportation charges and Rs.60,000/- for loss of income. Except above modification, the order passed by the tribunal in other heads remain unchanged. 7. 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.20,000/-Rs.60,000/-2.Loss of IncomeRs.12,210/-Rs.60,000/-3.Medical ExpensesRs.10,39,329/-Rs.10,39,329/-4.Transportation expensesRs.3,000/-Rs.10,000/-5.Extra NourishmentRs.5,000/-Rs.5,000/-6.Attender chargesRs.3,000/-Rs.10,000/-7.Damages to cloths and articleNilNil8.Lost of amenitiesRs.10,000/-Rs.10,000/-9.For permanent disabilityRs.1.50,000/-Rs.2,40,000/-10TotalRs.12,42,539/-Rs.14,34,329/-Rounded off to Rs.14,34,400/-8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.14,34,400/-. The respondent in CMA No. 3148 of 2024 is directed to deposit the said amount together with interest at the rate https://www.mhc.tn.gov.in/judis of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No. 5598/2019, on the file of the Motor Vehicle Accident Claims Tribunal/II Judge, 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.9. With the above direction, CMA No. 3148 of 2024 is partly allowed. No costs. Pending petition(s), if any, is/are closed. 03-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis To1.K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005.2. The Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai.3. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. pblCMA No. 2810 of 2024AND CMP NO. 22787 OF 2024,CMA NO. 3148 OF 202403.07.2025 https://www.mhc.tn.gov.in/judis IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.08.2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2810 of 2024ANDCMP NO. 22787 OF 2024,CMA NO. 3148 OF 20241. The Commissioner Of PoliceVepery, Chennai 600 007.2. The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai 014D4, Jam Bazaar Police Station, Triplicane, Chennai.Appellant(s)Vs1. K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005Respondent(s)CMA No. 3148 of 20241. K.BalajiS/o. Kuppusamy, No.15, NKR Puram, Thiruvallakkeni, Chennai - 005.Appellant(s) https://www.mhc.tn.gov.in/judis Vs1. The Commissioner Of PoliceVepery, Chennai - 007.2.The Inspector Of PoliceD4, Jam Bazaar Police Station, Triplicane, Chennai - 014.Respondent(s)CMA No. 2810 of 2024PRAYERTo set aside the Judgment and Decree passed by the Honble Motor Vehicle Accident Claims Tribunal/ on the file of Honble Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai in MCOP No. 5598/2019 vide order dated 22.09.2022 and thus render justice.CMA No. 3148 of 2024PRAYERTo enhance the amount awarded in MCOP.No.5598/2019 dated 22-09-2022 on the file of Motor Accident Claims Tribuna(II Judge, Court of Small Causes, Chennai as prayed for with interest and costCMA No. 2810 of 2024For Appellant(s):Mr.C.Sathish Govt.AdvocateFor Respondent(s):Mr. K. Varadha Kamaraj https://www.mhc.tn.gov.in/judis JUDGEMENTToday, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellant.2.It is brought to the notice of this Court that some error has been crept in paragraph No.5 of the Order dated 03.07.2025. The said paragraph No.5 is replaced as follows:"A perusal of the FIR, it reveals that at the time of the accident, when the injured was standing on side of the road he was hit by police jeep driven by its driver in a rash and negligent manner to disprove the same there is no evidence was produced on the side of the respondent. Therefore, the tribunal has rightly fixed liability on the respondent which needs no interference. Accordingly, CMA No. 2810 of 2024 is dismissed.”3. Apart from the above correction the appearance of the counsel in CMANo.3148 of 2024 was not mentioned in the order dated 03.07.2025. It is seen from records that Mr.K. Varadha Kamaraj appeared for the appellant and Mr.C.Sathish, Govt Advocate appeared for the respondent in CMANo.3148 of 2024. 3. Registry is directed to make out the necessary correction in the order copy and issue fresh order copy to the parties forthwith. https://www.mhc.tn.gov.in/judis
4. In other respects, the order dated 03.07.2025 shall remain unaltered.25-08-2025smnIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis To1.K.BalajiS/o. Kuppusamy No.15, NKR Puram, Thiruvallikeni, Chennai 005.2. The Motor Vehicle Accident Claims Tribunal/II Judge, Court of Small Causes Chennai.3. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. smnCMA No. 2810 of 2024AND CMP NO. 22787 OF 2024,CMA NO. 3148 OF 202425.08. 2025