Ganesan vs Ramsamy
2024 Latest Caselaw 461 Mad

Citation : 2024 Latest Caselaw 461 Mad
Judgement Date : 8 January, 2024

Madras High Court

Ganesan vs Ramsamy on 8 January, 2024

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                     C.M.A.No.2746 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 08.01.2024

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                C.M.A.No.2746 of 2023


                  Ganesan
                                                                                         ...Appellant
                                                          Vs

                  1.Ramsamy
                  2.The United India Insurance Co. Limited,
                    Ranga Building, 104A, II Floor,
                    Permanur Main Road,
                    Near Four Roads, Salem 636 007.
                                                                                  ... Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, to enhance the compensation amount made in order dated
                  23.08.2022 made in MCOP.No.749 of 2020 on the file of the Motor Accident
                  Claims Tribunal/Special Subordinate Judge No.1, Salem.


                                        For Appellant    : Mr.T.S.Arthanareeswaran
                                        For Respondents : Ms.I.Malar for R2
                                                          Notice dispensed with for R1



                  1/6


https://www.mhc.tn.gov.in/judis
                                                                                       C.M.A.No.2746 of 2023


                                                      JUDGMENT

This civil miscellaneous appeal has been filed challenging the quantum of

compensation awarded by the Tribunal.

2. The learned counsel for the claimant would submit that on 16.01.2020,

while the appellant was talking with his friends at Thiruchengodu Road, a two-

wheeler bearing Registration No.TN-52-J-4040, came in a rash and negligent

manner and dashed against the appellant, due to which, he had sustained

grievous injuries.

3. The learned counsel appearing for the appellant would submit that the

Tribunal had only taken 30% as functional disability and awarded a sum of

Rs.5,000/- per percentage, which is on lower side. Hence, he requests this Court

to enhance the same as a sum of Rs.7,000/- per percentage.

4. In reply, the learned counsel appearing for the insurance company

would submit that the amount awarded by the Tribunal is just and reasonable.

Hence, he requests this Court to confirm the same.

https://www.mhc.tn.gov.in/judis

5. Heard the learned counsel for the appellant and the respondents and

also perused the materials available on record.

6. In the present case, since the accident had occurred in the year 2020

and the Tribunal had not applied multiplier method to award compensation, this

Court feels that it will be just and reasonable to award a sum of Rs.6,000/- per

percentage. Accordingly, the compensation under the head “disability” is

calculated as follows:

Rs.6,000/- * 30 (functional disability) = Rs.1,80,000/-

7. Further, it appears that the Tribunal had not awarded any amount with

regard to the future medical expenses. Hence, this Court is inclined to award a

sum of Rs.20,000/- under the head Future Medical Expenses. Accordingly, the

compensation awarded by the Tribunal is modified as follows:

S.No Particulars Compensation Compensation awarded by the awarded by Tribunal this Court (Rs.) (Rs.) 1 Pain and Suffering 50,000 50,000 2 Transport Expenses 10,000 10,000 3 Extra Nourishments 20,000 20,000

https://www.mhc.tn.gov.in/judis

S.No Particulars Compensation Compensation awarded by the awarded by Tribunal this Court (Rs.) (Rs.) 4 Attender Charges 10,000 10,000 5 Cloth Damages 1,000 1,000 6 Medical Expenses 90,455 90,455 7 30% disability 1,50,000 1,80,000 8 Loss of Income 50,000 50,000 9 Loss of Amenities 10,000 10,000 10 Future Medical Expenses Nil 20,000 Total 3,91,455 4,41,455

8. Therefore, the amount awarded by the Tribunal is modified as a sum

of Rs.4,41,455/-. Accordingly, the award amount stands increased from a sum

of Rs.3,91,455/- to Rs.4,41,455/-. In all other aspects, the award of the Tribunal

stands confirmed.

9. In the result, this Civil Miscellaneous Appeal is partly allowed and the

2nd respondent/insurance company is directed to deposit a sum of Rs.4,41,455/-

along with interest and costs, less the amount already deposited, if any, within a

period of four weeks from the date of receipt of a copy of this judgment, to the

credit of MCOP.No.749 of 2020 on the file of the Special Subordinate Judge

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No.1, Motor Accident Claims Tribunal, Salem. Upon such deposit, the Tribunal

is directed to transfer the entire amount to their bank account of the appellant,