Research › Search › Judgment

Madras High Court · body

2025 DIGILAW 2872 (MAD)

N. Kannan v. P. Rajendran

2025-07-25

T.V.THAMILSELVI

body2025
JUDGMENT : T.V. THAMILSELVI, J. The appellant has filed this appeal against the award passed in M.C.O.P.No.2142 of 2020 on the file of the Motor Accident Claims Tribunal, Chennai (II Special Court, Small Causes Court, Chennai), dated 28.11.2024. 2. The brief facts of the case of the appellant/claimant i as follows : On 21.07.2020 when the appellant was walking near Murugan Idli shop, a two wheeler bearing Registration No. TN-05-AT-1483 dashed against the appellant, due to which the appellant sustained grievous injuries. The accident has occurred only due to the rash and negligent driving of the two wheeler. Therefore, he has filed M.C.O.P.No.2142 of 2020 on the file of the Motor Accident Claims Tribunal, Chennai (II Special Court, Small Causes Court, Chennai) seeking compensation. 3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.1,41,743/- as compensation, directing the second respondent to pay the said amount to the appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. 4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimants) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 . 5. Heard Mr.K. Balaji, learned counsel appearing for the appellant, and Mr.S.Senthil Kumar, learned counsel appearing for the second respondent. 6. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is not commensurate with the injuries sustained by the claimant. He, therefore, prayed for enhancement of compensation. 7. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be disturbed. 8 . On going through the amount awarded by the Tribunal, it is seen that 10 % was taken as disability and thereby awarded Rs.5,000/- per percentage and awarded Rs.50,000/- under the head Permanent Disability and loss of earning power. Considering the nature of injuries the same is enhanced to Rs.90,000/- (Rs.9,000 x 10%). Considering the earning power of the injured and the pain and sufferings suffered by him in the accident, this Court is inclined to the amount awarded under the head loss of partial income and pain and sufferings. Considering the nature of injuries the same is enhanced to Rs.90,000/- (Rs.9,000 x 10%). Considering the earning power of the injured and the pain and sufferings suffered by him in the accident, this Court is inclined to the amount awarded under the head loss of partial income and pain and sufferings. Hence, the loss of partial income arrived by the Tribunal at Rs.36,000/-(Rs.12,000 x 3) as the injured would have not gone for job for 3 months is enhanced to Rs.75,000/- ( Rs.15,000 x 5). The amount awarded under the head pain and sufferings is enhanced to Rs.25,000/- from Rs.15,000/-. No amount was awarded under the head loss of amenities and the same is taken note and Rs.20,000/- is awarded under the said head. Hence, the award passed by the Tribunal is modified accordingly. 9. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads: Sl. No Heads Amount (in Rs.) awarded by the Tribunal Amount (in Rs.) awarded by the High Court 1. Medical Expenses 10,743/- 10,743/- 2. Transportation 10,000/- 10,000/- 3. Extra Nourishment 10,000/- 10,000/- 4. Attendant Charges 10,000/- 10,000/- 5. Permanent Disability and loss of earning power 50,000/- 90,000/- 6. Partial loss of income 36,000/- 75,000/ 7. Pain and sufferings 15,000/- 25,000/- 8. Loss of amenities -Nil- 20,000/- Total Rs.1,41,743/- Rs.2,50,743 Thus, the compensation awarded by the Tribunal is enhanced from Rs. 1,41,743 /- to Rs. 2,50,743 /-, which shall carry interest at the rate of 7.5% per annum. 10. In the result: i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs. ii. The compensation awarded by the Tribunal is enhanced from Rs. 1,41,743 /- to Rs. 2,50,743 /-,. iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. iv. The second respondent, The Oriental Insurance Company Ltd, is directed to deposit the enhanced compensation amount, i.e., Rs. 1,41,743 /- to Rs. 2,50,743 /-,. iii. The appellant/claimant is directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee. iv. The second respondent, The Oriental Insurance Company Ltd, is directed to deposit the enhanced compensation amount, i.e., Rs. 2,50,743 /- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.C.O.P.No.2142 of 2020 on the file of the Motor Accident Claims Tribunal, Chennai ( II Special Court, Small Causes Court, Chennai), within a period of eight weeks from the date of receipt or uploading of a copy of this order. v. On such deposit being made, the appellant/claimant is at liberty to withdraw the same, after following due process of law. vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal.