High Court · 2025

CMA No. 2863 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2863 of 20241. SUGUMARS/o. Perumal, Jeganathapuram Village, Alapakkam Post, Tindivanam Taluk.Appellant(s)Vs1. KamalakannanS/o. Sakarayutham, Old No.54, New No.4, North Boag Road, T.Nagar, Chenni-17.2.The Branch ManagerUnited India Insurance Co. Ltd, No.35,36, and 37, A.R.Plaza, 45-Feet Road, Balaji Nagar, Pondicherry. (The Respondent-1 remained exparte before the tribunal, Hence Notice may be dispensed with for R1 in this appeal)Respondent(s)PRAYERTo enhancement of compensation in the judgment and decree dt. 28.09.2022 made in MCOP No.1796/2019, on the file of Motor Accident Claims Tribunal TindivanamFor Appellant(s):Ma.P.ThangavelFor Respondent(s):Mr.D.Bhaskaran, Learned https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024Counsel Accepts Notice For R2 (in Sr Stage)R-1 Notice Dispense WithORDERToday, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellant(s).2. It is brought to the notice of this Court that some error has been crept in paragraph Nos.6 & 7 of the Judgement dated 05.08.2025. The said paragraph Nos.6 & 7 are to be replaced as follows:" 6. 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.1,00,000/-Rs. 1,00,000/-2.Loss of IncomeRs.63,000/-Rs.75,000/-3.Medical ExpensesNil Nil4.Transportation expensesRs.10,000/-Rs.15,000/-5.Extra NourishmentRs.10,000/-Rs.15,000/-6.Attender chargesRs.36,000/-Rs.36,000/-7.Damages to cloths and articleRs.2,000/-Rs.5,000/-8.Lost of amenitiesNil Nil9.For permanent disabilityRs.2,25,000/-Rs.3,60,000/-10TotalRs.4,46,000/-Rs.6,06,000/-7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 6,06,000/-. The 2nd https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024respondent 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 MCOP No.1796/2019, on the file of Motor Accident Claims Tribunal Tindivanam, 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. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s). Further, the interest for the default period is ordered to be waived. ”3. Registry is directed to incorporate the above paragraph Nos.6 & 7 quoted above and issue fresh order copy to the parties forthwith.4. In other respects, the order dated 05.08.2025 shall remain unaltered.17-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Norri https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024To1. The Motor Accident Claims Tribunal Tindivanam.2. The Section officer, V.R Section, High Court, Madras.3.The Branch ManagerUnited India Insurance Co. Ltd, No.35,36, and 37, A.R.Plaza, 45-Feet Road, Balaji Nagar, Pondicherry. (The Respondent-1 remained exparte before the tribunal, Hence Notice may be dispensed with for R1 in this appeal) https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024T.V.THAMILSELVI J.rriCMA No. 2863 of 2024 17.09.2025 https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2863 of 20241. SUGUMARS/o. Perumal, Jeganathapuram Village, Alapakkam Post, Tindivanam Taluk.Appellant(s)Vs1. KamalakannanS/o. Sakarayutham, Old No.54, New No.4, North Boag Road, T.Nagar, Chenni-17.2.The Branch ManagerUnited India Insurance Co. Ltd, No.35,36, and 37, A.R.Plaza, 45-Feet Road, Balaji Nagar, Pondicherry. (The Respondent-1 remained exparte before the tribunal, Hence Notice may be dispensed with for R1 in this appeal)Respondent(s)CMA No. 2863 of 2024PRAYERTo enhancement of compensation in the judgment and decree dated 28.09.2022 made in MCOP No.1796/2019, on the file of Motor Accident Claims Tribunal TindivanamCMA No. 2863 of 2024For Appellant(s):Mr.Ma.P.ThangavelFor Respondent(s):Mr.D.Bhaskaran For R2 R-1 Notice Dispense With https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024JUDGEMENTThis Civil Miscellaneous Appeal has been filed for enhancement of compensation in the judgment and decree dated 28.09.2022 made in MCOP No.1796/2019, on the file of Motor Accident Claims Tribunal Tindivanam.2. On 09.03.2018, at about 03.00 p.m., the petitioner travelling as pillion rider in the motorcycle bearing registration No. TN 57 V 7365 in the Tindivanam - Pandi Road, when its passed through Menakshi Theater the motorcycle bearing registration No. TN 09 CT 9668 driven by its rider in a rash and negligent manner dashed against the petitioner, due to which he sustained injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The second respondent Insurance Company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation of Rs.4,46,000/-. Challenging the quantum of compensation, the claimant filed this appeal.3. The learned counsel for the appellant/claimant submits that the petitioner was referred to medical board, it certified that 45% disability but instead of adopting multiplier method the tribunal adopted per percentage method. Further, the petitioner was mason but the Tribunal awarded very less amount in other heads. Hence, he prays to enhance the compensation.4. The learned for the respondent submits that the tribunal has rightly fixed compensation which needs no interference. https://www.mhc.tn.gov.in/judis CMA No. 2863 of 20245. Considering the cost of living at the time of accident, this Court is inclined to fix Rs. 8,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.3,60,000/- under the head of disability. Further, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.75,000/- under the head of loss of income for five months. The claimant has sustained multiple injuries hence he requires extra nourishment. Hence, this Court is inclined to enhance the amount awarded under the head of extra nourishment from Rs.10,000/- to Rs.15,000/- and also for transportation expenses from Rs.10,000/- to Rs.15,000/-. Further, this Court is inclined to enhance the amount awarded under the head of loss of cloth from Rs.2,000/- to Rs.5,000/-. Except above modification, the award passed by the tribunal is remain unchanged. 6. 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.1,00,000/-Rs. 1,00,000/-2.Loss of IncomeRs.63,000/-Rs.75,000/-3.Medical ExpensesNil Nil4.Transportation expensesRs.10,000/-Rs.15,000/-5.Extra NourishmentRs.10,000/-Rs.15,000/-6.Attender chargesRs.36,000/-Rs.36,000/-7.Damages to cloths and articleRs.2,000/-Rs.5,000/-8.Lost of amenitiesNil Nil9.For permanent disabilityRs.2,25,000/-Rs.3,60,000/-10TotalRs.4,46,000/-Rs.5,82,000/- https://www.mhc.tn.gov.in/judis CMA No. 2863 of 20247. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 5,82,000/-. 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 MCOP No.1796/2019, on the file of Motor Accident Claims Tribunal Tindivanam, 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. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s). Further, the interest for the default period is ordered to be waived. 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 05-08-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1. The Motor Accident Claims Tribunal Tindivanam.2. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 2863 of 2024T.V.THAMILSELVI J. pblCMA No. 2863 of 2024 05-08-2025