Madras High Court

K.Selvam vs I. Kaja Moideen on 1 July, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                       CMA No. 3491 of 2024




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01-07-2025

                                                         CORAM

                             THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                              CMA No. 3491 of 2024



                K.Selvam
                S/o. Kanniyappan

                                                                                       Appellant

                                                              Vs

                1. I. Kaja Moideen

                2.S. Selvam (As per Insurance)

                3.Reliance General Insurance Co.Ltd
                R.O. Legal Dept., Reliance House, 6th
                Floor, No.5, Haddows Road,
                Nungambakkam, Chennai - 006.

                                                                                       Respondents

                PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles
                Act, praying to allow this CMA by enhancing the compensation awarded in the
                Judgment and Decree, dated 02.09.2024, passed in MCOP No.1344 of 2021, on
                the file of the Motor Accident Claims Tribunal (Special Sub Court NO.1, Motor
                Accidents Claims Petitions) Small causes Court, Chennai.


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                                                                                             CMA No. 3491 of 2024




                                  For Appellant:             Mr. K.Balaji

                                  For Respondents:           Mr.P.Suresh Srinivasan For R3
                                                             R1 - No Appearance
                                                             R2 - Addressee cannot be located

                                                           JUDGMENT

The petitioner not being satisfied with the quantum of compensation

awarded by the Tribunal in MCOP No.1344 of 2021, dated 02.09.2024 has

preferred this appeal seeking for enhancement of compensation.

2.The case of the petitioner is that on 23.01.2021 at about 10.30 hours,

when the petitioner riding his two wheeler bearing Regn. No. TN-22 CM-2472

in Nandhivaram to Guduvancherry fish market, near Sivan Koil, at that time, a

load auto bearing Regn. No. TN-10-A-3042 driven by its driver in a rash and

negligent manner, dashed on the petitioner's two wheeler and caused an

accident. Due to which, the petitioner sustained injuries, for which he

underwent treatment in the hospital. Under these circumstances, the claim

petition came to be filed before the Tribunal seeking for payment of

compensation of Rs.22,00,000/-.

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3.The Tribunal on considering the facts and circumstances of the case and

on appreciation of oral and documentary evidence, came to a conclusion that the

accident had taken place only due to the rash and negligent driving on the part

of the rider of the 1st and 2nd respondents. Having come to such a conclusion, the

Tribunal fixed the total compensation payable at Rs.3,36,500/- under various

heads as follows:

                                  S.No    Compensation awarded under                              Amount
                                                  the head                                        (in Rs.)
                                   1.    Disability                                            3,02,400
                                   2.    Pain and sufferings                                     30,000
                                   3.    Transportation                                            4,000
                                   4.    Medical expenses                                        16,152
                                   5.    Extra nourishment                                       10,000

                                   7.    Loss of amenities                                       10,000
                                         Total                                                 3,73,452
                                         (90% of compensation after                             3,36,106.80
                                         deducting 10% of contributory
                                         negligence
                                         Rounded off to                                        3,36,500








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                `         4.The above compensation was directed to be paid with interest at the rate

                of 7.5% per annum.

5.The claimant not being satisfied with the quantum of compensation

awarded by the Tribunal has filed the present appeal before this Court seeking

for enhancement of compensation.

6. The learned counsel for appellant would submit that the petitioner was

qualified with ITI motor mechanical II year student and the accident was

happened in the year 2012. But, the tribunal has fixed only a sum of Rs.10,000/-

as notional monthly income and the same is to be enhanced. Furthermore, the

tribunal had erroneously fixed 10% of contributory negligence on the part of

petitioner, however there is no negligence on his part. Hence, he prayed to

enhance the compensation and to set aside the 10% contributory negligence

fixed upon the petitioner.

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7. The learned counsel for 3rd respondent would submit that at the time of

accident, he was only a II year student of studying I.T.I. and not having any

valid license. Hence, the tribunal has rightly fixed the income of the petitioner

as well as contributory negligence, which needs no interference of this court.

8. Heard and considered rival submissions made by both learned counsel

for appellant as well as 3rd respondent and perused materials available on record.

9. Considering both side submissions, the fact reveals that admittedly, he

had a right third toe amputation and he was an I.T.I. II year student at the time

of accident, which was happened in the year 2021. The tribunal had fixed only a

sum of Rs.10,000/- towards notional income. Therefore, on considering the cost

of living, this Court is inclined to enhance the notional income from Rs.10,000/-

per month to Rs.17,000/- per month. On seeing the facts, he has undergone

surgeries during the treatment period and also took treatment as outpatient for

some days in various hospitals. Considering that, the sum awarded for pain and

sufferings is to be increased from Rs.30,000/- to Rs.60,000/- and the

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transportation charges is also enhanced from Rs.4,000/- to Rs.10,000/-. As he

had suffered with amputation of 2nd, 3rd toe, he was in need of more

nourishment. Hence, this Court is inclined to enhance the sum awarded towards

extra nourishment from Rs.10,000/- to Rs.20,000/-. Considering the fact that

during the treatment period, the petitioner required an attender, the attender

charges is enhanced from Rs.900/- to Rs.25,000/-. Considering the nature of

injury and other relevant factors, this Court is inclined to enhance the sum

awarded towards loss of amenities from Rs.10,000/- to Rs.50,000/-. The

compensation that has been fixed under the other heads are reasonable and does

not require the interference of this Court.

10.In the light of the above discussion, the compensation awarded by the

tribunal is modified as follows:

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S.No Compensation awarded under Amount Amount Amount the head awarded by (in Rs.) confirmed or the tribunal granted or (in Rs.) enhanced

1. Disability/loss of earning during 3,02,400 5,14,080 enhanced the treatment period Rs.17,000/- (add 40% future prospects) =17000 + 6800 = 23800 23800 x 12 x 18 (multiplier) x 10% = Rs.5,14,080/-

2. Pain and sufferings 30,000 60,000 enhanced

3. Transportation 4,000 10,000 enhanced

4. Medical expenses 16,152 16,152 confirmed

5. Extra nourishment 10,000 20,000 enhanced

6. Attender charges 900 15,000 enhanced

7. Loss of amenities 10,000 50,000 enhanced Total 3,73,452 6,85,232

Less : 10% of contributory 37,345 68,523 negligence Compensated awarded 3,36,106.80 6,16,709 rounded off to 3,36,500 6,16,710

11.The compensation awarded by the tribunal at Rs.3,36,500/- is

enhanced to Rs.6,16,710/-. The second respondent insurance company is

directed to deposit the enhanced compensation, less the amount already

deposited, together with interest at 7.5% p.a. from the date of claim petition till

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the date of deposit within a period of eight weeks from the date of receipt of

copy of this judgment. Insofar as the enhanced compensation is concerned, the

deficit court fee, if not paid, shall be paid by the claimants. The other directions

issued by the Tribunal with regard to the mode of payment of compensation

remains unaltered.

12.In the result, the Civil Miscellaneous Appeal is partly allowed. No

costs.