High Court · 2025

CMA No. 858 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 858 of 2024A.KumaresanAppellantVs1. A.Arun2.United India Insurance Co.Ltd,Motor Third Party Claims Cell, No.134, Grems Road, Chennai 600 006.RespondentsPRAYERCivil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to enhance the award amount passed by the Motor Accident Claims Tribunal V Small Causes Court Judge at Chennai, in MCOP.No.5425 of 2015 dated 21.04.2023.For Appellant:Mr.A. KumarFor Respondents:Mr.V.Dakshanamoorthy For R2 R1 -no Appearance1/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024JUDGMENTThe appellant/petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.5425 of 2015, dated 21.04.2023 has preferred this appeal seeking for enhancement of compensation.2.The case of the petitioner is that on 31.01.2015 at about 09.30 hours, when the petitioner was travelling as a pillion rider in a two wheeler bearing Regn. No.TN-20 CV-6626 from Nazarathpettai to Poonamallee West to east direction, near telephone exchange, at that time, a dog suddenly crossed, the rider of two wheeler applied sudden brake, thereby they fell down 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.20,00,000/-.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 accident had taken place only due to the rash and negligent driving on the part of the rider/1st respondent. Having come to such a conclusion, the Tribunal fixed 2/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024the total compensation payable at Rs.8,57,200/- after deducting 50% of contributory negligence under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Disability12,77,7602.Medial expenses2,61,6743.Loss of income44,0004.Pain and sufferings50,0005.Transportation expenses10,0006.Nutrition expenses25,0007.Damages to cloths1,0008.Attender charges4,8009.Loss of amenities20,00010. Mental agony20,000Total17,14,234Less : 50% contributory negligence8,57,117Net compensationrounded off8,57,1178,57,2004.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 3/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 20245.The appellant 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. 6. The learned counsel for appellant would submit that the appellant was only a pillion rider and due to non-wearing of helmet, the tribunal fixed 50% of contributory negligence upon him as such is exorbitant one and the same is liable to be set aside, however, there is no negligence on his part. Further, he would submit that he had incurred medical expenses for more than Rs.3,00,000/-, to that effect, medical bills were marked under Ex.P11 as well as additional bills was also produced, but it was not considered and only a sum of Rs.2,61,674/- was awarded by the tribunal. Hence, he prayed to enhance the compensation. 7. The learned counsel for 2nd respondent raised objections stating that the non-wearing of helmet is a policy condition. Therefore, fixing of 50% contributory negligence is sustainable one. He would also submit that the medical expenses was sufficiently considered by the tribunal, which needs no interference. 4/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 20248. 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 the appellant was a pillion rider and he has not wore helmet at the time of accident, which is a violation of rules, for which, the tribunal had fixed 50% of contributory negligence upon him. However, considering the fact that he was a pillion rider, 10% of contributory negligence can be fixed upon the appellant. With regard to medical expenses marked under Ex.P11 shows that he had spent a sum of Rs.3,00,000/- towards total medical expenses. Therefore, this Court is inclined to award total medical expenses of Rs.3,00,000/- spent by the appellant. 10. On perusal of records, it would further reveals that he was a turner in a private concern, thereby, he would have earned a sum of Rs.13,700/- per month, but there is no income proof produced to that effect. However, considering the fact that the accident happened in the year 2015, considering his profession as a Turner, considering his age as well as considering the cost of 5/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024living at that time, this Court is inclined to enhance his notional monthly income from Rs.11,000/- per month to Rs.13,000/- per month. 11. Due to the injury sustained in the accident, his left leg below knee has been amputated, as a result of which, he sustained severe pain. Considering that, this Court is inclined to enhance the sum awarded towards pain and sufferings from Rs.50,000/- to Rs.75,000/- and also the sum awarded towards damages to cloths is enhanced from Rs.1000/- to Rs.2000/-. Since the multiplier was applied, the awarding of compensation under the heads of loss of income and loss of amenities would not arise. Furthermore, as the appellant's left leg below was amputated, necessarily he has to use artificial leg by spending huge amount. Considering that, this Court is inclined to award a sum of Rs. 1,00,000/- for fixing of artificial limb. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.12.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:6/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024S.NoCompensation awarded under the headAmount awarded by the tribunal(in Rs.)Amount(in Rs.)Amount confirmed or granted or enhanced1.DisabilityRs.13,000/- (add 10% future prospects)= 13000 + 1300 = 1430014300 x 12 x 11 (multiplier) x 80% = 15,10,080 12,77,76015,10,080enhanced2.Medical expenses2,61,6743,00,000enhanced3.Loss of income44,000Would not arise4.Pain and sufferings 50,00075,000enhanced5.Transportation expenses10,00010,000confirmed6.Nutrition expenses25,00025,000confirmed7.Damages to cloths1,0002,000enhanced8.Attender charges4,8004,800confirmed9.Loss of amenities20,000Would not arise10.Mental agony20,00020,000confirmed11.For fixing artificial limb1,00,000awardedTotal17,14,23420,46,880enhancedLess : 10% of contributory negligence8,57,1172,04,688Net compensationRounded off to 8,57,1178,57,20018,42,19218,42,20013.The compensation awarded by the tribunal at Rs.8,57,200/- is enhanced to Rs.18,42,200/-. The 2nd respondent insurance company is directed 7/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024to deposit 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.14.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.28-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, V Judge, Court of Small Causes, Chennai.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 858 of 2024T.V.THAMILSELVI J.rppCMA No. 858 of 2024 28-08-20259/9