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2025 DIGILAW 2514 (MAD)

Ramanathan (51), S/o. Sengodan v. Sankar, S/o. Ramasamy

2025-06-02

T.V.THAMILSELVI

body2025
JUDGMENT : T.V. THAMILSELVI, J. This Civil Miscellaneous Appeal has been filed Challenging the award passed by the Motor Vehicle Accident Claims Tribunal/Subordinate Judge Court, Sankari, made in M.A.C.T.O.P.No.29 of 2016 dated 11.12.2019. 2. The appellant/claimant filed a claim petition under Section 166 of the Tamil Nadu Motor Accident Claims Tribunal rules and claiming a compensation of Rs.15,00,000/- for the injuries sustained by him in a road accident. 3. The learned Tribunal after hearing both sides and upon considering the oral and documentary evidence has granted compensation Rs.1,80,000/- in the following manner:- Sl.No. Description Amount awarded by Tribunal 1. For loss of income Rs.1,00,000/- 2. For medical bills Rs.1,12,000/- 3. Transportation Rs.10,000/- 4. Nourishments Rs.10.000/- 5. For loss of materials Rs.5,000/- 6. Pain and suffering Rs.25,000/- Total Rs.2,62,000/- 4. The Tribunal has directed the 2 nd respondent to pay 70% of compensation to the appellant/claimant with interest at the rate of 7.5% p.a. 5. The appellant/claimant, not being satisfied with the compensation awarded by the Tribunal, has filed this appeal seeking enhancement of compensation. 6. The learned counsel appearing for the appellant submitted that the appellant was driver of the transport corporation and due to the negligent act on the part of the 1st respondent, grievous injury sustained by the petitioner but the Tribunal failed to consider 40% disability sustained by the appellant. He further submitted that the Tribunal has erroneously fixed the liability and contributed negligent on the part of the appellant. He further submitted that the appellant has produced the disability certificate and the same was not considered by the Tribunal. Hence, he prayed to enhance the compensation award amount. 7. The learned counsel for the second respondent submitted that the Medical board issued 40% disability certificate and not specifically mentioned that the appellant is permanent disability. He further submitted that the Tribunal has not taken into consideration of Ex.P10 and award the compensation. 8. On perusal of the Ex.P10 certificate issued by the Medical board and considering the age of the appellant, this Court is granted loss of disability 40x5000= Rs.2,00,000/- to the appellant. In other aspects, the amount awarded by the Tribunal appears to be reasonable. Therefore, the Compensation award by the Tribunal is reworked as tabulated below:- Sl.N o Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or granted or enhanced or reduced 1. In other aspects, the amount awarded by the Tribunal appears to be reasonable. Therefore, the Compensation award by the Tribunal is reworked as tabulated below:- Sl.N o Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or granted or enhanced or reduced 1. For loss of income Rs.1,00,000/- Rs.1,00,000/- confirmed 2. For medical bills Rs.1,12,000/- Rs.1,12,000/- confirmed 3. Transportation Rs.10,000/- Rs.10,000/- confirmed 4. Nourishments Rs.10.000/- Rs.10,000/- confirmed 5. For loss of materials Rs.5,000/- Rs.5,000/- onfirmed 6. Pain and suffering Rs.25,000/- Rs.25,000/- confirmed 7. For disability (40x5000) Rs.2,00,000/- granted Total Rs.2,62,000/- Rs.4,62,000/- 9. In the result, this Civil Miscellaneous Appeal is disposed of and the compensation awarded by the Tribunal at Rs.2,62,000/- is hereby enhanced to Rs.4,62,000/- together with interest @ 7.5% per annum from the date of filing of claim petition till the date of deposit. The 2 nd respondent is directed to deposit 70% of the award amount now determined by this Court along with interest, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this Judgment, to the credit of MACTOP.No.29 of 2016 on the file of the Motor Vehicle Accidents Claims Tribunal/Subordinate Judge Court, Sankari. On such deposit, the appellant is permitted to withdraw 70% of the award amount now determined by this Court, along with interest, less the amount, if any, already withdrawn, as per the apportionment fixed by the Tribunal by making proper application before the Tribunal. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs.