High Court · 2025

CMA No. 1887 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.11.2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1887 of 20251. DOSSS/o. Munivel No. 1028, Vengalkuppam Village, Vengal Post, Thiruvallur Dist. 601 103Appellant(s)Vs1. A.KavimaniS/o. T.Aarumugam New No. 28, Old No. 17/10, 20th Street, Thiru Nagar, Villivakkam, Chennai 0492.National Insurance Co Ltd.No. 751, Anna Salai, Chennai 001Respondent(s)CMA No. 1887 of 2025PRAYERTo appeal may be allowed for enhancement of compensation Rs.2,00,000/- decree and judgement dated 8-08-2023 passed in MCOP.1295 of 2015 by the before the Honble MACT at chennai (in the V Court of Small Causes Chennai).CMA No. 1887 of 2025For Appellant(s):Mr.S.BaskarFor Respondent(s):Mr.S.Senthil Kumar For R2ORDERThis matter is listed under the caption for ''Being Mentioned'' at the https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025instance of learned counsel for the parties.2. It is brought to the notice of this Court that some typographical error in para 9 of the order dated 22.07.2025 and the same may be replaced as follows:'' 9. After deducting 20% contributory negligence, the claimant is entitled to Rs.2,32,400-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 2,32,400/-. 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 in MCOP No. 1295 of 2015 on the file of the MACT at chennai (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. ''3. Registry is directed to carry out above correction in the judgement dated 22.07.2025 and issue fresh copy to the parties. 12.11.2025pblTo1. The MACT at chennai (in the V Court of Small Causes Chennai)2.The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1887 of 20251. DOSSS/o. Munivel No. 1028, Vengalkuppam Village, Vengal Post, Thiruvallur Dist. 601 103Appellant(s)Vs1. A.KavimaniS/o. T.Aarumugam New No. 28, Old No. 17/10, 20th Street, Thiru Nagar, Villivakkam, Chennai 0492.National Insurance Co Ltd.No. 751, Anna Salai, Chennai 001Respondent(s)CMA No. 1887 of 2025PRAYERTo appeal may be allowed for enhancement of compensation Rs.2,00,000/- decree and judgement dated 8-08-2023 passed in MCOP.1295 of 2015 by the before the Honble MACT at chennai (in the V Court of Small Causes Chennai).CMA No. 1887 of 2025For Appellant(s):Mr.S.BaskarFor Respondent(s):Mr.S.Senthil Kumar For R2JUDGEMENTThis Civil Miscellaneous Appeal has been filed to enhance the award https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025passed by the MACT at chennai (in the V Court of Small Causes Chennai) in MCOP No. 1295 of 2015.2. On 09.11.2014 at about 14.40 hours the claimant was riding his motorcycle bearing registration No. TN 18 C 1401 from Vengal Kuppam to near Kommathamman Koil, at that time a Honda Amaze VX car bearing registration No. TN 02 AZ 5880 came from the opposite direction in a rash and negligent manner dashed against the claimant, due to which the claimant sustained 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, the tribunal awarded compensation of Rs.1,20,250/-. Challenging the award passed by the tribunal the claimant filed this appeal.3. The submission of the claimant is that due to the said accident the claimant has sustained grevious injuries had taken treatment for 71 days but without considering the above facts the tribunal awarded very less compensation. Further, the tribunal has erroneously fixed 50% contributory upon the claimant for the reason that the claimant has not possessed valid driving licence which is very excessive hence he prays to reduce the contributory negligence fixed upon the claimant. 4. The submission of the respondent's counsel is that the claimant has consumed alcohol and driven the vehicle without any valid licence hence the https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025tribunal rightly fixed 50% contributory negligence upon the claimant which needs no interference.5. Heard the submission of the learned counsel for the claimant and respondent.6. As per discharge summary, it reveals that the claimant has sustained grevious injuries and taken treatment for 71 days in the hospital therefore he would have lost his income for five months. Considering the cost of living at the time of the accident, this Court is inclined to fix Rs.12,000/- as notional of the claimant. Accordingly, the claimant is entitled to Rs.60,000/- under the head of loss of income. Further, this Court is inclined to enhance the award passed under the head of pain and suffering from Rs.25,000/- to Rs.40,000/- and also this Court inclined to enhance amount for transportation from Rs.5,000/- to Rs.10,000/-.7. The tribunal has fixed 50% contributory negligence upon the claimant, by holding that the claimant was under influence of alcohol at the time of the accident and he has not possessed valid driving licence at the time of the accident. But on seeing the facts of the case, the respondent has not produced any evidence to prove that the claimant was under the influence of the alcohol at the time of the accident. Therefore, this Court is inclined to reduce the contributory negligence fixed upon the claimant from 50% to 20%.8 . In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025S.No.HeadCompensation awarded by the Tribunal Compensation awarded by this Court 1.Pain and sufferingsRs.25,000/- Rs.40,000/-2.Loss of IncomeRs.30,000/-Rs.60,000/-3.Medical ExpensesNilNil4.Transportation expensesRs.5,000/-Rs.10,000/-5.Extra NourishmentRs.20,000/-Rs.20,000/-6.Attender chargesRs.35,500/-Rs.35,500/-7.Damages to cloths and articleRs.1000/-Rs.1,000/-8.Lost of amenitiesRs.20,000/-Rs.20,000/-9.For disabilityRs.1,04,000/-Rs.1,04,000/-10TotalRs.2,40,500/-Rs.2,90,500/-9. After deducting 20% contributory negligence, the claimant is entitled to Rs.2,61,450/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 2,61,450/-. 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 in MCOP No. 1295 of 2015 on the file of the MACT at chennai (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. 10. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. https://www.mhc.tn.gov.in/judis CMA No. 1887 of 202522-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1. The MACT at chennai (in the V Court of Small Causes Chennai)2. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025T.V.THAMILSELVI J. PBLCMA No. 1887 of 2025 22-07-2025 https://www.mhc.tn.gov.in/judis CMA No. 1887 of 2025T.V.THAMILSELVI J. PBLCMA No. 1887 of 2025 12.11.2025