Madras High Court
G.Shankar Babu vs Hot Chips Restaurants Pvt. Ltd on 22 December, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1593 of 2014
G.Shankar Babu .. Appellant/Claimant
Vs.
1. Hot Chips Restaurants Pvt. Ltd.,
No.1, First Floor, Srijees Flats,
No.177, Avvai Shanmugam Salai,
Royapettah, Chennai-14.
2. The New India Assurance Co. Ltd.,
No.45, First Lane Beach Road,
Moore Street, Chennai-1. .. Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to enhance the amount awarded in MCOP.No.5892 of
2014 dated 05.09.2019 on the file of the Motor Accidents Claims Tribunal,
Small Causes Court, Special Sub Judge No.1, Chennai.
For Appellant : Mr.K.Varadha Kamaraj
For Respondents : Mr.Ramesh Babu
R1 – No appearance
JUDGMENT
This appeal has been filed by the appellant/claimant seeking
enhancement of the compensation awarded by the Motor Accident Claims
Tribunal, Tiruchengode vide order dated 05.09.2019.
https://www.mhc.tn.gov.in/judis
2. The brief facts of the case are as hereunder :-
On 29.01.2014 at about 21.00 hours, when the appellant was riding his
motor cycle bearing registration No.TN 22 AD 2833 in service road of Rajiv
Gandhi Road, Tharamani, at that time, a motor cycle bearing registration
No.TN 06 H 4872 came in the opposite direction which was riden by its rider
in a rash and negligent manner, hit against the appellant. As a result, the
appellant was sustained injuries. Alleging that the accident was due to
negligent driving of the motor cycle, the appellant/claimant has filed a claim
Petition before the Motor Accidents Claims Tribunal, Chennai under Section
166 of the Motor Vehicle Act, claiming compensation of Rs.8,00,000/- against
the owner of the motor cycle and its insurer and the same was taken on file in
MCOP. No.5892 of 2014.
3. Before the Tribunal, during trial, in order to prove the case of the
claimant, he himself has examined as a witness (PW1) and marked 10
documents viz., Exs.P1 to P10. On the side of the respondents, two witnesses
were examined and seven documents were marked. The Tribunal, after
hearing the arguments on either side and after considering the oral and
https://www.mhc.tn.gov.in/judis
documentary evidences, has come to the conclusion that the accident occurred
only due to negligent driving of the driver of the motor cycle. As the first
respondent's motor cycle was insured with the second respondent insurance
company, the Tribunal held that the second respondent is liable to compensate
the claimant. After considering the oral and documentary evidence, the
Tribunal has awarded a sum of Rs.1,0,500/- as compensation to the claimant
with interest at the rate of 7.5% per annum from the date of petition till the
date of realization.
4. Aggrieved by the said award, the appellant/claimant has filed this
appeal before this Court for enhancement of the compensation.
5. The learned Counsel for the appellant submitted that admittedly, at
the relevant point of time, the Doctor, who treated the appellant, has assessed
the disability at 20% and the Tribunal has awarded only Rs.3,000/- per
percentage towards disability, which is very meager. The appellant has
suffered grievous injuries and the Doctor has wrongly assessed the disability,
which warrants interference. Further, the other heads awarded by the Tribunal
is also meager and he prays for enhancement of the compensation.
https://www.mhc.tn.gov.in/judis
6. The learned counsel for the second respondent Insurance Company
submitted that the award amount passed by the Tribunal is highly excessive.
Hence, the learned counsel prayed to dismiss the order of the Tribunal.
7.Heard the learned counsel for the appellant/claimant as well as the
learned counsel for the respondent Insurance Company and also perused the
materials available on record.
8. On perusal of the impugned order, it is seen that the claimant has
suffered 20% as partial permanent disability and he was taken treatment for
16 days as in-patient. The accident has happened in the year 2014 and
considering the injuries sustained by the appellant, this Court is inclined to
increase the amount at Rs.4,000/- per percentage. The Tribunal has awarded
Rs.15,000/- for pain and suffering, which is sustained and this Court is
inclined to enhance the same to Rs.50,000/-, which the appellant is entitled
for. Further, the amount of Rs.4,000/- and Rs.5000/- towards transportation
and attender charges, which was awarded by the Tribunal, are very meager
and this Court enhances the same to Rs.10,000/- and Rs.10,000/- respectively.
https://www.mhc.tn.gov.in/judis
The other heads awarded by the Tribunal are just and reasonable.
9. The amount of compensation is modified as follows:
Amount Amount awarded
Sl.No. Description awarded by the
Tribunal (Rs.) by this Court (Rs.)
80,000
1 Loss of disability 60,000
(20% x Rs.4000)
Pain and
2 25,000 50,000
sufferings
3 Tranportation 5,000 10,000
4 Medical Expenses 5,500 5,500
Extra
5 15,000 15,000
Nourishment
6 Attender Charges 4,000 10,000
7 Loss of earnings 16,000 16,000
Loss of future
8 20,000 20,000
prospectus
Total 1,50,500 2,06,500
10. With the above modification, the appeal is allowed and the
compensation awarded by the Tribunal at Rs.1,50,500/- is hereby enhanced
to Rs.2,06,500/-, with interest at the rate of 7.5% per annum from the date of
petition till the date of realization. The second respondent is directed to
deposit the enhanced amount with interest, less the amount already deposited,
https://www.mhc.tn.gov.in/judis
if any, within a period of six weeks from the date of receipt of a copy of this
order. On such deposit, the appellant is permitted to withdraw the award
amount with interest, by filing necessary applications before the Tribunal. No
costs.
22.12.2023
Index : Yes / No
Speaking Order : Yes/ No
rli
To
The Judge,
Motor Accidents Claims Tribunal, Small Causes Court,
Special Sub Judge No.1, Chennai.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI.,J.
rli
22.12.2023
https://www.mhc.tn.gov.in/judis
