High Court · 2025
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CMA No. 2360 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2360 of 2025 and CMA No. 1577 of 2025 of 2025 and CMP No. 13924 of 20241. SHENBAGAVALLIW/o. Sasikumar, No. 8, Vinayagar Koil Street, Thilaspet, Puducherry-008.Appellant(s)Vs1. UbathiyaS/o. Rajasekaran, No.C/C36, Police Quarters, Danvanthry Nagar, Puducherry-006.2.PraveenS/o. Muthukrishnan, No. 7, 10th Cross Street, Ilango Nagar, Orleanpet, Puducherry-113.The Branch ManagerACKO General Insurance Co. Ltd., No. 31, Mohammed Hussain Street, Bharathi Slai, Royapettah, Chennai-14.Respondent(s) https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025For Appellant in CMA No. 2360 of 2025For First respondent in CMA No. 1577 of 2025(s):Mr.P.SudagarFor Respondent third respondent in CMA No. 2360 of 2025For Appellant in CMA No. 1577 of 2025: Mr.B.Sivakollappan PRAYER IN CMA NO. 1577 OF 2025:To set aside the judgement and decree dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.CMA No. 1577 of 20255The Branch ManagerACKO General Insurance Co. Ltd., No. 31, Mohammed Hussain Street, Bharathi Slai, Royapettah, Chennai-14. ... Appellant1. SHENBAGAVALLIW/o. Sasikumar, No. 8, Vinayagar Koil Street, Thilaspet, Puducherry-008.1. UbathiyaS/o. Rajasekaran, No.C/C36, Police Quarters, Danvanthry Nagar, Puducherry-006. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 20252.PraveenS/o. Muthukrishnan, No. 7, 10th Cross Street, Ilango Nagar, Orleanpet, Puducherry-11 ...RespondentsPRAYER IN CMA NO. 2360 OF 2025:To set aside award dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.COMMON JUDGEMENTThese Civil Miscellaneous Appeals have been filed to set aside the judgement and decree dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.2. Since the issue raised in these appeals are the same, the parties are also same and also challenge the same judgement passed by the tribunal, hence the appeals are being disposed of by the common judgment.3. On 09.09.2022 at about 05.30 p.m., when the claimant was riding her TVS Jupiter Scooter bearing Registration No. PY 05 L 2486 at Vazhudavur Road, Gundupalayam, opposite to Hot Chips, Puducherry from West to East direction, the first respondent came in his Yamaha FZ Motorcycle bearing https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025registeration No. PY 01 CM 8106 in the same direction and in a rash and negligent manner dashed against the claimant, due to which, the claimant sustained multiple grievous injuries all over the body and thereafter she was taken to the hospital. Thereafter the claimant filed the petition before the triabunal claiming compensation. The respondents contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the award passed by the tribunal the Insurance company filed this appeal and on the other side the claimant also filed the separate appeal to enhance the compensation. Since both the appeals are challenging the same judgement hence this Court pass the common judgement4. For the sake of convenience, the parties are denoted as Insurance company and claimant.5. The learned counsel for the appellant Insurance Company submits that at the time of the accident victim ridden the two wheeler without any valid driving licence but it has not been considered by the tribunal and there is a contributory negligence on the part of the victim. Further, he pointed out that https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025even in her evidence P.W.1/victim stated that she has no loss of income in spite of that the tribunal awarded exorbitant amount under the head of loss of income as well as it awarded Rs.3 lakhs for pain and sufferings as such is liable to be set aside. Hence, he prays to set aside the award passed by the tribunal.6. The learned counsel for the claimant submits that due to the said accident the claimant sustained fracture for which she underwent a surgery for ORIF with plating CC Titanium Screw and taken inpatient treatment for 19 days. Further, the medical board assessment is in support with discharge summary. Further, he submits that the claimant had taken treatment in the JIPMER Hospital, Puducherry, based on the follow up medical records tribunal fixed Rs.3 lakhs under the head of pain and sufferings. Though the claimant produced medical bills to the tune of Rs.3,90,000/-, tribunal awarded only Rs.3,50,000/- under the head of medical bills. Hence, he prays to enhance the compensation.7. Heard the submission of the learned counsel for the Insurance Company and the learned counsel for the claimant. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 20258. On perusal of the records, it reveals that the claimant has sustained grievous injuries and taken treatment for 19 days in hospital and also considering the cost of living at time of the accident this Court is inclined to fix Rs.9,000/- per percentage of disability. Accordingly, the award passed under the head of disability is enhance to Rs.2,25,000/- for disability of 25%. 9. In respect of medical bill, the tribunal has rightly made the reason for declining the bill amount in para 19 of award. Before the tribunal, the Insurance Company has not raised any objection with regard to marking the medical bill therefore the objection raised by the Insurance Company at this stage is not acceptable one. But, In respect of pain and sufferings, the tribunal has awarded Rs.3,00,000/- under the head of pain and sufferings which is exorbitant. Hence, this Court is inclined to reduce the award passed by the tribunal under the head of pain and sufferings from Rs.3 lakhs to Rs.2 lakhs. Further, the claimant also contributed the accident, hence this Court is inclined to fix 10% contributory negligence upon the claimant. Except above modification, the award passed by the tribunal in other heads remain unchanged. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.3,00,000/-Rs.2,00,000/-2.Loss of IncomeRs.1,00,000/-Rs.1,00,000/-3.Medical ExpensesRs.3,50,000/-Rs.3,50,000/-4.Transportation expensesRs.20,000/-Rs.20,000/-5.Extra NourishmentRs.20,000/-Rs.20,000/-6.Attender chargesRs.40,000/-Rs.40,000/-7.Damages to cloths and articleNil Nil8.Lost of amenitiesRs.20,000/-Rs.20,000/-9.For permanent disabilityRs.1,25,000/-Rs.2,25,000/-10TotalRs.9,75,000/-Rs.9,75,000/-10. After deducting 10% towards contributory negligence the claimant is entitled to Rs.8,77,500/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 8,77,500/-. The 3rd respondent in CMA No. 2360 of 2025 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 realization, to the credit of MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025excessive amount, if any, deposited before the tribunal.11. With the above direction, the Civil Miscellaneous Appeals are partly allowed. No costs. Pending petition(s), if any, is/are closed. 14-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No1.The Additional Motor Accident Claims Tribunal, Puducherry.2. The Section Officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025T.V.THAMILSELVI J. pblCMA No. 2360 and CMA No. 1577 of 2025 of 2025 and CMP No. 13924 of 2024 14.08.202514-08-2025
CMA No. 2360 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2360 of 2025 and CMA No. 1577 of 2025 of 2025 and CMP No. 13924 of 20241. SHENBAGAVALLIW/o. Sasikumar, No. 8, Vinayagar Koil Street, Thilaspet, Puducherry-008.Appellant(s)Vs1. UbathiyaS/o. Rajasekaran, No.C/C36, Police Quarters, Danvanthry Nagar, Puducherry-006.2.PraveenS/o. Muthukrishnan, No. 7, 10th Cross Street, Ilango Nagar, Orleanpet, Puducherry-113.The Branch ManagerACKO General Insurance Co. Ltd., No. 31, Mohammed Hussain Street, Bharathi Slai, Royapettah, Chennai-14.Respondent(s) https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025For Appellant in CMA No. 2360 of 2025For First respondent in CMA No. 1577 of 2025(s):Mr.P.SudagarFor Respondent third respondent in CMA No. 2360 of 2025For Appellant in CMA No. 1577 of 2025: Mr.B.Sivakollappan PRAYER IN CMA NO. 1577 OF 2025:To set aside the judgement and decree dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.CMA No. 1577 of 20255The Branch ManagerACKO General Insurance Co. Ltd., No. 31, Mohammed Hussain Street, Bharathi Slai, Royapettah, Chennai-14. ... Appellant1. SHENBAGAVALLIW/o. Sasikumar, No. 8, Vinayagar Koil Street, Thilaspet, Puducherry-008.1. UbathiyaS/o. Rajasekaran, No.C/C36, Police Quarters, Danvanthry Nagar, Puducherry-006. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 20252.PraveenS/o. Muthukrishnan, No. 7, 10th Cross Street, Ilango Nagar, Orleanpet, Puducherry-11 ...RespondentsPRAYER IN CMA NO. 2360 OF 2025:To set aside award dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.COMMON JUDGEMENTThese Civil Miscellaneous Appeals have been filed to set aside the judgement and decree dated 27.04.2024 made in MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry.2. Since the issue raised in these appeals are the same, the parties are also same and also challenge the same judgement passed by the tribunal, hence the appeals are being disposed of by the common judgment.3. On 09.09.2022 at about 05.30 p.m., when the claimant was riding her TVS Jupiter Scooter bearing Registration No. PY 05 L 2486 at Vazhudavur Road, Gundupalayam, opposite to Hot Chips, Puducherry from West to East direction, the first respondent came in his Yamaha FZ Motorcycle bearing https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025registeration No. PY 01 CM 8106 in the same direction and in a rash and negligent manner dashed against the claimant, due to which, the claimant sustained multiple grievous injuries all over the body and thereafter she was taken to the hospital. Thereafter the claimant filed the petition before the triabunal claiming compensation. The respondents contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the award passed by the tribunal the Insurance company filed this appeal and on the other side the claimant also filed the separate appeal to enhance the compensation. Since both the appeals are challenging the same judgement hence this Court pass the common judgement4. For the sake of convenience, the parties are denoted as Insurance company and claimant.5. The learned counsel for the appellant Insurance Company submits that at the time of the accident victim ridden the two wheeler without any valid driving licence but it has not been considered by the tribunal and there is a contributory negligence on the part of the victim. Further, he pointed out that https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025even in her evidence P.W.1/victim stated that she has no loss of income in spite of that the tribunal awarded exorbitant amount under the head of loss of income as well as it awarded Rs.3 lakhs for pain and sufferings as such is liable to be set aside. Hence, he prays to set aside the award passed by the tribunal.6. The learned counsel for the claimant submits that due to the said accident the claimant sustained fracture for which she underwent a surgery for ORIF with plating CC Titanium Screw and taken inpatient treatment for 19 days. Further, the medical board assessment is in support with discharge summary. Further, he submits that the claimant had taken treatment in the JIPMER Hospital, Puducherry, based on the follow up medical records tribunal fixed Rs.3 lakhs under the head of pain and sufferings. Though the claimant produced medical bills to the tune of Rs.3,90,000/-, tribunal awarded only Rs.3,50,000/- under the head of medical bills. Hence, he prays to enhance the compensation.7. Heard the submission of the learned counsel for the Insurance Company and the learned counsel for the claimant. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 20258. On perusal of the records, it reveals that the claimant has sustained grievous injuries and taken treatment for 19 days in hospital and also considering the cost of living at time of the accident this Court is inclined to fix Rs.9,000/- per percentage of disability. Accordingly, the award passed under the head of disability is enhance to Rs.2,25,000/- for disability of 25%. 9. In respect of medical bill, the tribunal has rightly made the reason for declining the bill amount in para 19 of award. Before the tribunal, the Insurance Company has not raised any objection with regard to marking the medical bill therefore the objection raised by the Insurance Company at this stage is not acceptable one. But, In respect of pain and sufferings, the tribunal has awarded Rs.3,00,000/- under the head of pain and sufferings which is exorbitant. Hence, this Court is inclined to reduce the award passed by the tribunal under the head of pain and sufferings from Rs.3 lakhs to Rs.2 lakhs. Further, the claimant also contributed the accident, hence this Court is inclined to fix 10% contributory negligence upon the claimant. Except above modification, the award passed by the tribunal in other heads remain unchanged. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.3,00,000/-Rs.2,00,000/-2.Loss of IncomeRs.1,00,000/-Rs.1,00,000/-3.Medical ExpensesRs.3,50,000/-Rs.3,50,000/-4.Transportation expensesRs.20,000/-Rs.20,000/-5.Extra NourishmentRs.20,000/-Rs.20,000/-6.Attender chargesRs.40,000/-Rs.40,000/-7.Damages to cloths and articleNil Nil8.Lost of amenitiesRs.20,000/-Rs.20,000/-9.For permanent disabilityRs.1,25,000/-Rs.2,25,000/-10TotalRs.9,75,000/-Rs.9,75,000/-10. After deducting 10% towards contributory negligence the claimant is entitled to Rs.8,77,500/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 8,77,500/-. The 3rd respondent in CMA No. 2360 of 2025 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 realization, to the credit of MCOP No. 1365 of 2022, on the file of Additional Motor Accident Claims Tribunal, Puducherry, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025excessive amount, if any, deposited before the tribunal.11. With the above direction, the Civil Miscellaneous Appeals are partly allowed. No costs. Pending petition(s), if any, is/are closed. 14-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No1.The Additional Motor Accident Claims Tribunal, Puducherry.2. The Section Officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 2360 of 2025T.V.THAMILSELVI J. pblCMA No. 2360 and CMA No. 1577 of 2025 of 2025 and CMP No. 13924 of 2024 14.08.202514-08-2025