Madras High Court
Pushparaj vs Sridevi on 3 January, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.3505 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.3505 of 2024
Pushparaj ...Appellant
Vs.
1. Sridevi
2. The Divisional Manager,
The New India Assurance Co. Ltd,
No.1, Bharathi Road,
Arcot Woodlands Buildings Campus,
Cuddalore – 607 001. ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.1245 of
2020 dated 20.07.2023 on the file of Motor Accidents Claims Tribunal / (Chief
Judicial Magistrate, Cuddalore).
For Appellant : Mrs.Ramya.V.Rao
For Respondents : R1 (Ex-parte)
Mr.C.Johnson for R2
JUDGEMENT
Challenging the judgment and decree in M.C.O.P.No.1245 of 2020 dated
20.07.2023 on the file of Motor Accidents Claims Tribunal / (Chief Judicial
Magistrate, Cuddalore).
https://www.mhc.tn.gov.in/judis
2. Mr.C.Johnson, learned counsel takes notice on behalf of the 2nd
respondent. With the consent of the learned counsel appearing on either side,
the above appeal is taken up for final disposal based on the materials available
on records.
3. It is the case of the appellant/claimant that, on 11.10.2020 at about 7.30
p.m, when the appellant was travelling his motorcycle bearing Regn.No.TN-31-
CV-185, at that time, a two wheeler bearing Regn.No.TN-31-CX-0969 which
came in the opposite direction belonging to the first respondent driven by its
driver in a rash and negligent manner had hit the appellant, due to which the
claimant sustained grievous injuries all over his body. Thereby, the appellant
has filed a claim petition seeking compensation of Rs.20,00,000/-.
4. Before the tribunal, the claimant examined himself as P.W.1 and
marked exhibits P.1 to P.13 and on the side of respondents they examined
R.W.1 and Exhibit R1 was marked and the disability certificate issued by the
Medical Board was marked as court document Ex.C.1. After trial, the Tribunal,
on appreciation of oral and documentary evidence though came to a conclusion
that the accident had taken place solely due to the rash and negligent driving of
the driver of the 1st respondent vehicle, and had awarded a compensation of
https://www.mhc.tn.gov.in/judis
Rs.2,75,150/- to be payable by the second respondent/insurance company and
thereafter, the second respondent was directed to recover the said amount from
the first respondent / owner. Being not satisfied with the quantum of
compensation awarded by the Tribunal, the appellant/claimant has come up
with this appeal seeking enhancement of compensation.
5. Learned counsel appearing for the appellant submitted that admittedly,
the above said accident occurred solely due to the rash and negligent driving of
the driver of the 1st respondent, due to which, the appellant sustained grievous
injuries all over his body. Though the accident is of the year 2020, the tribunal
had taken only a sum of Rs.5,000/- per percentage instead of Rs.10,000/-, which
is not sustainable and the compensation awarded under the other heads are also
on lower side and the same has to necessarily be enhanced. Accordingly, she
prayed for appropriate orders.
6. Per contra, the learned counsel appearing for the 2nd respondent/
Insurance Company submitted that, by considering all the relevant documents,
the Tribunal has rightly awarded the compensation, which does not require any
enhancement. Accordingly, he prayed for dismissal of the appeal.
https://www.mhc.tn.gov.in/judis
7. Heard the learned counsel on either side and perused the materials
available on record.
8. The factum and manner of the accident is not disputed by the parties
and the claimant has not raised any issue on the aspect of negligence and
therefore, this Court is not venturing into the same. The major grievances of the
Appellant/claimant is with regard to the quantum of compensation awarded by
the Tribunal. It is claimed by the appellant that though the accident is of the
year 2020, however, the Tribunal had taken had erroneously taken a sum of
Rs.5,000/- per percentage of disability. However, as per the existing law at the
relevant point of time, the Tribunal ought to have fixed a sum of Rs.9,000/- per
percentage of disability. Hence, this Court is inclined to fix a sum of Rs.9,000/-
per percentage of disability. On a perusal of Ex.C.1, which is the disability
certificate issued by the Medical, it reveals that the appellant suffered disability
of 25%. Therefore, the amount under the head Disability stands enhanced to a
sum of Rs.2,25,000/- (25% x Rs.9,000/- = Rs.2,25,000/-).
9. A sum of Rs.26,000/- has been granted under the head “loss of
income” which is on the lower side and the same is enhanced to a sum of
Rs.30,000/-. A sum of Rs.35,000/- has been granted under the head “pain and
https://www.mhc.tn.gov.in/judis
suffering” which is very meagre and the same is enhanced to a sum of
Rs.75,000/-. A sum of Rs.5,000/- has been granted under the head “extra
nourishment” which is very meagre and the same is enhanced to a sum of
Rs.20,000/-. A sum of Rs.2,000/- has been granted under the head “damages to
clothes” which is highly excessive and the same is reduced to a sum of
Rs.1,000/-. A sum of Rs.5,000/- has been granted under the head
“Transportation” which is very low and the same is enhanced to a sum of
Rs.10,000/- and Rs.16,000/- has been granted under the head “attender charges,
which is very low and the same is enhanced to a sum of Rs.20,000/-. A sum of
Rs.61,147/- has been granted under the head “medical bills” which is hereby
confirmed.
10. In view of the above, the compensation awarded by the Tribunal is
modified as under :-
Heads Awarded by Awarded by
the Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
Disability 1,25,000/- 2,25,000/-
Loss of income 26,000/- 30,000/-
Pain and suffering 35,000/- 75,000/-
Medical Bills 61,147/- 61,147/-
Extra nourishment 5,000/- 20,000/-
Damages to clothes 2,000/- 1,000/-
Transportation 5,000/- 10,000/-
https://www.mhc.tn.gov.in/judis
Heads Awarded by Awarded by
the Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
Attender charges 16,000/- 20,000/-
Total 2,75,147/- 4,42,147/-
Rounded off 2,75,150/- 4,42,150/-
11. Accordingly, the appeal is partly allowed and the impugned award of
the Tribunal is modified enhancing the compensation amount from
Rs.2,75,150/- to Rs.4,42,150/-. The 2nd respondent/Insurance Company is
directed to deposit the said amount to the credit of MCOP.No.1245 of 2020
along with interest at the rate of 7.5% per annum from the date of claim petition
till the date of deposit and costs as awarded by the Tribunal, less, the amount, if
any already deposited, within a period of four (4) weeks from the date of receipt
of a copy of this judgment. On such deposit being made, the Tribunal is directed
to transfer the said amount directly to the bank account of the Appellant through
RTGS within a period of two (2) weeks thereafter, upon production of proof
with regard to payment of Court fee on the enhanced compensation by the
appellant. It is made clear that the pay and recovery ordered by the Tribunal is
hereby confirmed. It is underscored that the appellant is not entitled to any
interest for the default period, if any. There shall be no order as to costs in the
present appeal.
https://www.mhc.tn.gov.in/judis
03.01.2025
rap
Index : Yes / No
Speaking Order : Yes / No
Neutral Citation Case : Yes / No
To
1. Motor Accidents Claims Tribunal / (Chief Judicial Magistrate, Cuddalore).
2. The Section Officer,
V.R. Section, High Court, Madras.
M.DHANDAPANI, J.
https://www.mhc.tn.gov.in/judis
rap
03.01.2025
https://www.mhc.tn.gov.in/judis
