Madras High Court
K.Selvakumar vs P.Madesh on 8 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.2361 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.2361 of 2023
K.Selvakumar
...Appellant
Vs
1.P.Madesh
2.Shriram General Insurance Co. Ltd.,
I Floor, Plot No.5,
Ramachandra Street, Saravana Nagar,
Seevaram, Perungudi,
Chennai 600 096.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the decree and judgement dated 23.03.2023
made in MCOP.No.1591 of 2018 on the file of the Motor Accident Claims
Tribunal, I Additional Sub Court, Cuddalore.
For Appellant : Ms.Ramya V.Rao
For Respondents : Ms.C.Bhuvana Sundari, for R2
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.2361 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 26.10.2017,
while the appellant was riding his two-wheeler bearing Registration No.PY-01-
AY-0743 at Serakuppam Road with his daughter, a goods vehicle bearing TN-
29-AM-3835, came in a rash and negligent manner and dashed against the
appellant, due to which he had sustained grievous injuries. The medical board
examined the injured and and fixed the disability as 55%.
3. Further, he would submit that the Tribunal fixed the notional income
the injured as a sum of Rs.12,000/- for awarding the loss of income. Hence, he
would request this Court to enhance the compensation by taking the notional
income as Rs.14,000/-. Further, he also requested this Court to re-determine the
compensation awarded under the heads “loss of amenities” and “attender
charges”.
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4. In reply, the learned counsel for the respondent would fairly submit
that considering the facts and circumstances of the present appeal, this Court
may pass appropriate orders.
5. Heard the learned counsel for the appellant and the respondent and also
perused the materials available on record.
6. In a similar situation, the Hon'ble Division Bench of this Court had
awarded the compensation by taking the notional income of the injured as a sum
of Rs.18,000/-. However, in the present appeal, the appellant is pleading this
Court to consider the notional income only as a sum of Rs.14,000/-, which
appears to be just and reasonable. Hence, this Court is inclined to fix a sum of
Rs.14,000/- as notional income and accordingly, the loss of income will be
calculated as follows:
Rs.14,000 (income) + Rs.3,500 (future prospects 25%) * 13 (multiplier) *
12 (months) * 55/100 (disability) = Rs.15,01,500/-
https://www.mhc.tn.gov.in/judis
7. Further, this Court is also inclined to enhance the compensation
awarded under the heads “loss of amenities” and “attender charges” to a sum of
Rs.50,000/- each.
8. Accordingly, the compensation awarded by the Tribunal is modified as
follows:
S.No. Heads Compensation Compensation
awarded by Tribunal awarded by this
(Rs.) Court (Rs.)
1 Loss of income 12,87,000 15,01,500
2 Pain and Sufferings 1,00,000 1,00,000
3 Loss of Amenities 20,000 50,000
4 Extra Nourishment 24,000 24,000
5 Attender charges 24,000 50,000
6 Transport charges 24,000 24,000
7 Medical Bills 1,11,670 1,11,670
8 Future Medical 10,000 10,000
Expenses
Total Compensation is 16,00,670 18,71,170
fixed at
9. Therefore, the amount awarded by the Tribunal is modified as a sum of
Rs.18,71,170/-. Accordingly, the award amount stands increased from a sum of
Rs.16,00,670/- to Rs.18,71,170/-. In all other aspects, the award of the Tribunal
stands confirmed.
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10. In the result, this Civil Miscellaneous Appeal is partly allowed and the
2nd respondent/insurance company is directed to deposit a sum of
Rs.18,71,170/- 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.1591 of 2018 on the file of the I Additional
Sub Court, Motor Accident Claims Tribunal, Cuddalore. Upon such deposit, the
Tribunal is directed to transfer the entire amount to the bank account of the
appellant, by way of RTGS, within a period of three weeks from the deposit or
from the date of receipt of the Bank details obtained for the claimant or
application for withdrawal from the claimant, whichever is earlier. No costs.
08.01.2024
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
https://www.mhc.tn.gov.in/judis
KRISHNAN RAMASAMY,J.
nsa
To:
The Motor Accident Claims Tribunal,
I Additional Sub Court, Cuddalore.
08.01.2024
https://www.mhc.tn.gov.in/judis
