High Court · 2025

C.M.A.No.3525 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIC.M.A.No.3525 of 2024A.Ranjith @ Ranjithkumar ...Appellant Vs.1.N.Perumal2. The United India Insurance Company Limited,Silinga Building, No.134,Greams Road, Chennai-600 006. ...Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Order dated 12.06.2024 made in M.C.O.P.No.3415 of 2019 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.For Appellant: Mr.S.RavikumarFor Respondents: Mr.J.Chandran, for R2 R1 Dispensed with vide order dated 13.12.20241/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024JUDGMENTChallenging the judgment and decree dated 12.06.2024 made in M.C.O.P.No.3415 of 2019 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, the claimant has come up with this appeal.2. Mr.J.Chandran, learned counsel takes notice on behalf of the 2nd respondent.3. It is the case of the claimant that, on 03.05.2019, at about 13.30 Hrs., when the petitioner was riding the motor cycle bearing Reg.No.TN-05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai at that time a motor cycle bearing Reg.No.TN-18-AM-6241 proceeding from the opposite direction driven in a rash and negligent manner at a high speed dashed against the petitioner's motor cycle, due to which the petitioner was sustained right leg fracture and grievous injuries all over the body, immediately he was taken to Government Stanley Hospital, Chennai. The driver of the motor cycle bearing Reg.No.TN-18-AM-6241 is responsible for the above said 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024accident. Therefore, the respondents are being the owner and insurer of the motor cycle bearing Reg.No.TN-18-AM-6241 are liable to pay compensation to the petitioner. Therefore, the appellant filed a claim petition in M.C.O.P.No.3415 of 2019 claiming a compensation of Rs.10,00,000/-. 4. Before the Tribunal, the petitioner was examined himself as P.W.1 and marked Exs.P1 to P8 and no witnesses and documents were examined and marked on the side of the respondents and Disability Certificate issued by the Medical Board was marked as Ex.C1. 5. After trial, though the Tribunal, on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place solely due to the negligence on the part of the 1st respondent, however, awarded a meagre amount of Rs.1,69,100/- towards compensation for the claimant. 6. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant/claimant has come up with this appeal 3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024seeking enhancement of compensation.7. The learned counsel for the appellant submitted that at about 1.30 p.m., when the petitioner was riding the motor cycle bearing Reg.No.TN-05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai, at that time, the driver of the 1st respondent vehicle driven by the rider of the vehicle bearing Reg.No.TN 18-AM-6241 in a rash and negligent manner and dashed against the appellant, due to which, the petitioner sustained grievous injuries all over the body. In the present case, Medical Board was assessed 20% as disability and the year of the accident is 2019, the Tribunal has awarded only Rs.5,000/- per percentage, which is very low. Therefore, the same has to be enhanced. Criminal case was filed as against the rider of the 1st respondent vehicle, insured with the 2nd respondent, marked as Ex.P1, however, the claims Tribunal without any evidence had been fixed 20% contributory negligence is not sustainable. The Tribunal fixed contributory negligence, only on the basis of the evidence. Accordingly, he prayed for appropriate orders.8. Per contra, the learned counsel appearing on behalf of the 2nd 4/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024respondent-Insurance Company contended that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal. 9. This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.10. The factum and manner of the accident is not disputed by the parties and therefore, this Court is not venturing into the same. 11. Insofar as the quantum of compensation fixed by the tribunal is concerned, the accident is of the year 2019 and at the time of accident, the petitioner was working as a collection executive and the Tribunal fixed Rs.5000/- per percentage of disability is on the lower side. Hence, the same has to be fixed as Rs.8000/- per percentage for disability, then it would come to 20% X Rs.8000/- = Rs.1,60,000/-. 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 202412. Insofar as the compensation awarded under the other heads are concerned, a sum of Rs.20,000/- has been awarded under the head Loss of pain and sufferings, which is on the lower side and thereby, the same is enhanced to Rs.50,000/- and a sum of Rs.4,000/- is awarded under the head of Transportation, the same is to enhanced to Rs.10,000/- and a sum of Rs.10,000/- awarded towards Extra Nourishment is enhanced to Rs.25,000/- and the amount awarded for Rs.3,000/- under the head of Attender Charges is enhanced to Rs.10,000/-. The amount awarded under the head of loss of amenities is now rejected. All other aspects, the award passed by the Tribunal are reasonable, therefore, needs no interference.13. In the above circumstances, the compensation awarded by the Tribunal is modified as under :-HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)Disability1,00,000/-1,60,000/-For Pain and Sufferings20,000/-50,000/-For Transportation4,000/-10,000/-For Medical Expenses35,418/-35,418/-For Extra 10,000/-25,000/-6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)NourishmentFor Attender Charges3,000/-10,000/-For Damage to Clothes1,000/-1,000/-For Loss of Amenities10,000/--For Loss of Earnings28,000/-28,000/-Total Compensation is fixed at2,11,418/-3,19,418/-80% of the Compensation1,69,134/-2,55,534/-Rounded off1,69,100/-2,55,500/-14. Accordingly, this Civil Miscellaneous Appeal stands allowed in part and the impugned award passed by the Tribunal in M.C.O.P.No.3415 of 2019 is modified by enhancing the compensation amount from Rs.1,69,100/- to Rs.2,55,500/-. The 2nd respondent Insurance Company is directed to deposit the said amount to the credit of M.C.O.P.No.3415 of 2019 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. The 7/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024appellant is entitled to get the award amount with proportionate interest and costs. On such deposit being made, the Tribunal is directed to transfer the compensation amount to the claimant/appellant directly to the bank account through RTGS within a period of two (2) weeks thereafter, upon production of proof with regard to payment of Court fee on the enhanced compensation. It is underscored that the appellant is not entitled to any interest for the default period, if any. No costs.09.01.2025ssnNCC: Yes/NoIndex: Yes/NoSpeaking Order : Yes/No To:1. The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.2. The Section Officer, V.R. Section, High Court, Madras.8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024M.DHANDAPANI, J.,ssnC.M.A.No.3525 of 20249/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 202409.01.202510/10

C.M.A.No.3525 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIC.M.A.No.3525 of 2024A.Ranjith @ Ranjithkumar ...Appellant Vs.1.N.Perumal2. The United India Insurance Company Limited,Silinga Building, No.134,Greams Road, Chennai-600 006. ...Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Order dated 12.06.2024 made in M.C.O.P.No.3415 of 2019 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.For Appellant: Mr.S.RavikumarFor Respondents: Mr.J.Chandran, for R2 R1 Dispensed with vide order dated 13.12.20241/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024JUDGMENTChallenging the judgment and decree dated 12.06.2024 made in M.C.O.P.No.3415 of 2019 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, the claimant has come up with this appeal.2. Mr.J.Chandran, learned counsel takes notice on behalf of the 2nd respondent.3. It is the case of the claimant that, on 03.05.2019, at about 13.30 Hrs., when the petitioner was riding the motor cycle bearing Reg.No.TN-05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai at that time a motor cycle bearing Reg.No.TN-18-AM-6241 proceeding from the opposite direction driven in a rash and negligent manner at a high speed dashed against the petitioner's motor cycle, due to which the petitioner was sustained right leg fracture and grievous injuries all over the body, immediately he was taken to Government Stanley Hospital, Chennai. The driver of the motor cycle bearing Reg.No.TN-18-AM-6241 is responsible for the above said 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024accident. Therefore, the respondents are being the owner and insurer of the motor cycle bearing Reg.No.TN-18-AM-6241 are liable to pay compensation to the petitioner. Therefore, the appellant filed a claim petition in M.C.O.P.No.3415 of 2019 claiming a compensation of Rs.10,00,000/-. 4. Before the Tribunal, the petitioner was examined himself as P.W.1 and marked Exs.P1 to P8 and no witnesses and documents were examined and marked on the side of the respondents and Disability Certificate issued by the Medical Board was marked as Ex.C1. 5. After trial, though the Tribunal, on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place solely due to the negligence on the part of the 1st respondent, however, awarded a meagre amount of Rs.1,69,100/- towards compensation for the claimant. 6. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant/claimant has come up with this appeal 3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024seeking enhancement of compensation.7. The learned counsel for the appellant submitted that at about 1.30 p.m., when the petitioner was riding the motor cycle bearing Reg.No.TN-05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai, at that time, the driver of the 1st respondent vehicle driven by the rider of the vehicle bearing Reg.No.TN 18-AM-6241 in a rash and negligent manner and dashed against the appellant, due to which, the petitioner sustained grievous injuries all over the body. In the present case, Medical Board was assessed 20% as disability and the year of the accident is 2019, the Tribunal has awarded only Rs.5,000/- per percentage, which is very low. Therefore, the same has to be enhanced. Criminal case was filed as against the rider of the 1st respondent vehicle, insured with the 2nd respondent, marked as Ex.P1, however, the claims Tribunal without any evidence had been fixed 20% contributory negligence is not sustainable. The Tribunal fixed contributory negligence, only on the basis of the evidence. Accordingly, he prayed for appropriate orders.8. Per contra, the learned counsel appearing on behalf of the 2nd 4/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024respondent-Insurance Company contended that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal. 9. This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.10. The factum and manner of the accident is not disputed by the parties and therefore, this Court is not venturing into the same. 11. Insofar as the quantum of compensation fixed by the tribunal is concerned, the accident is of the year 2019 and at the time of accident, the petitioner was working as a collection executive and the Tribunal fixed Rs.5000/- per percentage of disability is on the lower side. Hence, the same has to be fixed as Rs.8000/- per percentage for disability, then it would come to 20% X Rs.8000/- = Rs.1,60,000/-. 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 202412. Insofar as the compensation awarded under the other heads are concerned, a sum of Rs.20,000/- has been awarded under the head Loss of pain and sufferings, which is on the lower side and thereby, the same is enhanced to Rs.50,000/- and a sum of Rs.4,000/- is awarded under the head of Transportation, the same is to enhanced to Rs.10,000/- and a sum of Rs.10,000/- awarded towards Extra Nourishment is enhanced to Rs.25,000/- and the amount awarded for Rs.3,000/- under the head of Attender Charges is enhanced to Rs.10,000/-. The amount awarded under the head of loss of amenities is now rejected. All other aspects, the award passed by the Tribunal are reasonable, therefore, needs no interference.13. In the above circumstances, the compensation awarded by the Tribunal is modified as under :-HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)Disability1,00,000/-1,60,000/-For Pain and Sufferings20,000/-50,000/-For Transportation4,000/-10,000/-For Medical Expenses35,418/-35,418/-For Extra 10,000/-25,000/-6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)NourishmentFor Attender Charges3,000/-10,000/-For Damage to Clothes1,000/-1,000/-For Loss of Amenities10,000/--For Loss of Earnings28,000/-28,000/-Total Compensation is fixed at2,11,418/-3,19,418/-80% of the Compensation1,69,134/-2,55,534/-Rounded off1,69,100/-2,55,500/-14. Accordingly, this Civil Miscellaneous Appeal stands allowed in part and the impugned award passed by the Tribunal in M.C.O.P.No.3415 of 2019 is modified by enhancing the compensation amount from Rs.1,69,100/- to Rs.2,55,500/-. The 2nd respondent Insurance Company is directed to deposit the said amount to the credit of M.C.O.P.No.3415 of 2019 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. The 7/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024appellant is entitled to get the award amount with proportionate interest and costs. On such deposit being made, the Tribunal is directed to transfer the compensation amount to the claimant/appellant directly to the bank account through RTGS within a period of two (2) weeks thereafter, upon production of proof with regard to payment of Court fee on the enhanced compensation. It is underscored that the appellant is not entitled to any interest for the default period, if any. No costs.09.01.2025ssnNCC: Yes/NoIndex: Yes/NoSpeaking Order : Yes/No To:1. The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.2. The Section Officer, V.R. Section, High Court, Madras.8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 2024M.DHANDAPANI, J.,ssnC.M.A.No.3525 of 20249/10 https://www.mhc.tn.gov.in/judis C.M.A.No.3525 of 202409.01.202510/10