✦ High Court of India · 25 Aug 2025

High Court · 2025

Case Details High Court of India · 25 Aug 2025
Court
High Court of India
Decided
25 Aug 2025
Bench
T.V.THAMILSELVI
Length
1,027 words

CMA No. 2344 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2344 of 2025S.KumarAppellantVs1. Neela,2.United India Insurance Company Limited,Sillingi Building, New No.134, Old No.40-45, Greams Road, Chennai -600 006.RespondentsPRAYERCivil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to enhance the compensation awarded int he Judgment and Decree dated 31.07.2024 passed in M.C.O.P No. 972 of 2022 on the file of the Motor Accidents Claims Tribunal (II Special Court, Small Causes Court, Chennai)For Appellant:Mr.K.BalajiFor Respondents:Mr.K.Swaminathan For R21/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025JUDGMENTThe petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.972 of 2022, dated 31.07.2024 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 31.01.2022 at about 13.50 hours, when the petitioner was riding his two wheeler bearing Regn. No.TN-13 E-6305 proceeding towards Anna Salai MTC Cooperative Society from north to south direction at Teynampet, Anna Salai, near L.R.Samy building, at that time, the driver of a auto bearing Regn. No. TN-07 L-1743 came from opposite direction driven it in a rash and negligent manner, dashed on the petitioner and caused accident. Due to which, the petitioner sustained 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.15,00,000/-.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 2/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025accident 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 Tribunal fixed the total compensation payable at Rs.1,46,256/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Medical expenses41,2562.Transportation10,0003.Extra nourishment5,0004.Attender charges10,0005.Disability/loss of income60,0006.Lass of partial incomenil7.Pain and sufferings20,000Total1,46,2564.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. 3/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 20256. The learned counsel for appellant would submit that the medical board certified his disability 12% of permanent disability, but the tribunal had awarded a sum of Rs.5,000/- towards per percentage of disability. He would also submit that though the accident was happened in the year 2022, pain and sufferings as well as as other heads also not been properly considered by the tribunal. Hence, he prayed to enhance the compensation. 7. The learned counsel for 2nd respondent raised objections stating that he was a driver of Metropolitan Transport Corporation, Chennai and the tribunal has rightly awarded compensation to the appellant towards his disability as well as other heads, which needs no interference of this court.8. Heard and considered rival submissions made by both learned counsel for appellant as well as 2nd respondent and perused materials available on record. 9. Considering both side submissions, the fact reveals that admittedly, he sustained grievous injury and the medical board had certified his disability as 12% of permanent disability, but without assigning any reason, the tribunal has awarded only a sum of Rs.5,000/- per percentage of disability. Therefore, on 4/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025considering the 12% of permanent disability as well as considering his age and the accident was happened in the year 2022, this Court is inclined to enhance the sum awarded towards per percentage of disability from Rs.5,000/- to Rs.10,000/-. 10. Furthermore, on seeing the facts, he had suffered with 12% of permanent disability and he took treatment for more than 22 days, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.5,000/- to Rs.25,000/-. Considering the fact that during the treatment period, he was admitted as inpatient for more than 22 days, the petitioner required an attender, for which the tribunal has awarded a sum of Rs.10,000/-, which is on the lower side. Hence, this court is inclined to enhance the attender charges from Rs.10,000/- to Rs.15,000/- and the transportation charges is also to be enhanced from Rs.10,000/- to Rs.15,000/-. On seeing the nature of injury and the period of treatment, he would have suffered with severe pain. Hence, this Court is inclined to enhance the sum awarded towards pain and sufferings from Rs.20,000/- to Rs.50,000/-. Moreover, the tribunal has not awarded any sum 5/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025towards loss of amenities. Hence, this court is inclined to award a sum of Rs.60,000/- under the said head. The compensation that has been fixed under the head of medical expenses is reasonable and does not require the interference of this Court.11.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.Medical expenses41,25641,256confirmed2.Transportation10,00015,000enhanced3.Extra nourishment5,00025,000enhanced4.Attender charges10,00015,000enhanced5.Permanent disability(Rs.10,000/- x 12%)60,0001,20,000enhanced6.Partial loss of incomenilnil7.Pain and sufferings20,00050,000enhanced8.Loss of amenities60,000awardedTotal1,46,2563,26,256Rounded off to 1,46,5003,26,26012.The compensation awarded by the tribunal at Rs.1,46,500/- is enhanced to Rs.3,26,260/-. The 2nd respondent insurance company is directed to 6/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025deposit 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 a period of eight weeks from the date of receipt of copy of this judgment. On such deposit, the appellant is permitted to withdraw the enhanced award amount now determined by this court along with interest and costs, less the amount if any, already withdrawn. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.13.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.25-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Court-II, Small Causes Court, Chennai.2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025T.V.THAMILSELVI J.rppCMA No. 2344 of 2025 25-08-20258/8

CMA No. 2344 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2344 of 2025S.KumarAppellantVs1. Neela,2.United India Insurance Company Limited,Sillingi Building, New No.134, Old No.40-45, Greams Road, Chennai -600 006.RespondentsPRAYERCivil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to enhance the compensation awarded int he Judgment and Decree dated 31.07.2024 passed in M.C.O.P No. 972 of 2022 on the file of the Motor Accidents Claims Tribunal (II Special Court, Small Causes Court, Chennai)For Appellant:Mr.K.BalajiFor Respondents:Mr.K.Swaminathan For R21/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025JUDGMENTThe petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.972 of 2022, dated 31.07.2024 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 31.01.2022 at about 13.50 hours, when the petitioner was riding his two wheeler bearing Regn. No.TN-13 E-6305 proceeding towards Anna Salai MTC Cooperative Society from north to south direction at Teynampet, Anna Salai, near L.R.Samy building, at that time, the driver of a auto bearing Regn. No. TN-07 L-1743 came from opposite direction driven it in a rash and negligent manner, dashed on the petitioner and caused accident. Due to which, the petitioner sustained 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.15,00,000/-.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 2/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025accident 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 Tribunal fixed the total compensation payable at Rs.1,46,256/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Medical expenses41,2562.Transportation10,0003.Extra nourishment5,0004.Attender charges10,0005.Disability/loss of income60,0006.Lass of partial incomenil7.Pain and sufferings20,000Total1,46,2564.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. 3/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 20256. The learned counsel for appellant would submit that the medical board certified his disability 12% of permanent disability, but the tribunal had awarded a sum of Rs.5,000/- towards per percentage of disability. He would also submit that though the accident was happened in the year 2022, pain and sufferings as well as as other heads also not been properly considered by the tribunal. Hence, he prayed to enhance the compensation. 7. The learned counsel for 2nd respondent raised objections stating that he was a driver of Metropolitan Transport Corporation, Chennai and the tribunal has rightly awarded compensation to the appellant towards his disability as well as other heads, which needs no interference of this court.8. Heard and considered rival submissions made by both learned counsel for appellant as well as 2nd respondent and perused materials available on record. 9. Considering both side submissions, the fact reveals that admittedly, he sustained grievous injury and the medical board had certified his disability as 12% of permanent disability, but without assigning any reason, the tribunal has awarded only a sum of Rs.5,000/- per percentage of disability. Therefore, on 4/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025considering the 12% of permanent disability as well as considering his age and the accident was happened in the year 2022, this Court is inclined to enhance the sum awarded towards per percentage of disability from Rs.5,000/- to Rs.10,000/-. 10. Furthermore, on seeing the facts, he had suffered with 12% of permanent disability and he took treatment for more than 22 days, he was in need of more nourishment. Hence, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.5,000/- to Rs.25,000/-. Considering the fact that during the treatment period, he was admitted as inpatient for more than 22 days, the petitioner required an attender, for which the tribunal has awarded a sum of Rs.10,000/-, which is on the lower side. Hence, this court is inclined to enhance the attender charges from Rs.10,000/- to Rs.15,000/- and the transportation charges is also to be enhanced from Rs.10,000/- to Rs.15,000/-. On seeing the nature of injury and the period of treatment, he would have suffered with severe pain. Hence, this Court is inclined to enhance the sum awarded towards pain and sufferings from Rs.20,000/- to Rs.50,000/-. Moreover, the tribunal has not awarded any sum 5/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025towards loss of amenities. Hence, this court is inclined to award a sum of Rs.60,000/- under the said head. The compensation that has been fixed under the head of medical expenses is reasonable and does not require the interference of this Court.11.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.Medical expenses41,25641,256confirmed2.Transportation10,00015,000enhanced3.Extra nourishment5,00025,000enhanced4.Attender charges10,00015,000enhanced5.Permanent disability(Rs.10,000/- x 12%)60,0001,20,000enhanced6.Partial loss of incomenilnil7.Pain and sufferings20,00050,000enhanced8.Loss of amenities60,000awardedTotal1,46,2563,26,256Rounded off to 1,46,5003,26,26012.The compensation awarded by the tribunal at Rs.1,46,500/- is enhanced to Rs.3,26,260/-. The 2nd respondent insurance company is directed to 6/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025deposit 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 a period of eight weeks from the date of receipt of copy of this judgment. On such deposit, the appellant is permitted to withdraw the enhanced award amount now determined by this court along with interest and costs, less the amount if any, already withdrawn. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.13.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.25-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Court-II, Small Causes Court, Chennai.2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 2344 of 2025T.V.THAMILSELVI J.rppCMA No. 2344 of 2025 25-08-20258/8

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