Madras High Court
Chandran vs Sasibharath on 16 June, 2025
Author: T.V. Thamilselvi
Bench: T.V. Thamilselvi
C.M.A.No.1314 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM:
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
C.M.A.No.1314 of 2025
Chandran ...Appellant/Petitioner
Vs.
1.Sasibharath
2.Magma HDI General Insurance Company Limited,
Navins Presidium, III Floor,
Nelson Manickam Road,
New No.17/19, Old No.103,
B Block,
3A, N.M.Road,
Chennai – 600 029. ... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the Award and Decree dated 22.07.2024 passed in
M.A.C.T.O.P.No.5537 of 2022 on the file of the learned IV Judge, Small
Causes Court, Motor Accidents Claims Tribunal, Chennai.
For Appellant : Mr.K.Ayyadyrai
For Respondents : Mr.N. Rengasamy for R1
Mr.B.Siva Kollapan for R2
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C.M.A.No.1314 of 2025
JUDGMENT
The appellant has filed the above Civil Miscellaneous Appeal aggrieved
by the very meagre compensation that has been granted by the learned IV
Judge, Small Causes Court, Motor Accidents Claims Tribunal, Chennai, in
M.A.C.T.O.P.No.5537 of 2022 dated 22.07.2024.
2.It is the case of the appellant that on 10.11.2022, while the petitioner
was riding his bicycle along Nungambakkam College Road in front of Apparao
Junction, at that time, the Motor cycle belonging to the 1st respondent bearing
Reg.No.TN 13X 2101 came in a rash and negligent manner endangering the
public safety from West to East Direction on the road, dashed against the
petitioner and sustained grievous injuries. Hence, the 1st respondent as the
owner of the vehicle and the 2nd respondent is the insurer of the same, both are
jointly liable to pay compensation to the petitioner.
3.The learned counsel for the appellant raised objections stating that the
accident is of the year 2022 and without taking note of the cost of living at that
time, the Tribunal fixed a sum of Rs.7,000/- per percentage towards disability.
Further, the Tribunal came to a conclusion that the petitioner has suffered
partial permanent disability of 60% as per the report of the Medical Board. He
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would submit that under the head of loss of earnings, without considering the
income of the injured, who is the Milk Vendor, the Tribunal awarded a meagre
sum of Rs.60,000/- for one year, and prayed for enhancement.
4.The learned counsel for the 2nd respondent would contend that the
petitioner was aged 77 years at the time of accident and he has to prove that he
is a Milk Vendor. In spite of the fact, the Tribunal has awarded loss of earnings
considering the injuries sustained by the petitioner and the period of treatment,
which needs no interference.
5.From the material available on record, it is seen that the claimant was a
Milk Vendor and earning Rs.700/- per day. To prove the same, no document
has been produced. Considering the avocation of the claimant, the Tribunal
fixed the notional income as Rs.5,000/- per month. Further, the claimant has
suffered partial permanent disability of 60%. Therefore, the claimant is entitled
for just compensation for the injuries sustained by him as Rs.9,000/- per
percentage. Hence, the claimant is entitled for Rs.5,40,000/- (60% x 9,000/-
=Rs.5,40,000/-). Due to the injuries sustained, the claimant was admitted in the
hospital on 11.11.2022 and discharged on 18.12.2022 and also surgery has been
done on 19.11.2022. Further, the award amount under the head of Pain and
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Sufferings is very low. Therefore, Rs.30,000/- granted under the head of Pain
and Sufferings is enhanced to Rs.55,000/-. A sum of Rs.10,000/- granted under
the head of Attendant charges is enhanced to Rs.25,000/-. A sum of
Rs.20,000/- granted under the head of loss of amenities is enhanced to
Rs.30,000/-. In all other respects, the Award remains unaltered. The enhanced
compensation would be a sum of Rs.7,23,450/-. Therefore, taking into
consideration the above aspects, the modified amount is as follows:
S. Description Amount awarded Amount awarded by this
No by Tribunal Court
(Rs) (Rs)
1. Disability (60% x 9,000) Rs.4,20,000/- Rs.5,40,000/-
2. Pain and Sufferings Rs.30,000/- Rs.55,000/-
3. Transportation Rs.5,000/- Rs.5,000/-
4. Extra nourishment Rs.5,000/- Rs.5,000/-
5. Loss of earnings Rs.60,000/- Rs.60,000/-
6. Attendant charges Rs.10,000/- Rs.25,000/-
7. Damage to clothes Rs.2,000/- Rs.2,000/-
8. Loss of amenities Rs.20,000/- Rs.30,000/-
9. Medical Expenses Rs.1,450/- Rs.1,450/-
Total Rs.5,53,450/- Rs.7,23,450/-
6.Accordingly, this Civil Miscellaneous Appeal is partly allowed. The
2nd respondent/Insurance Company is directed to deposit the entire
compensation amount of Rs.7,23,450/- with interest @7.5% per annum, less the
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amount already deposited, with proportionate accrued interest and costs, to the
credit of M.A.C.T.O.P.No.5537 of 2022 on the file of the learned IV Judge,
Small Causes Court, Motor Accidents Claims Tribunal, Chennai, within a
period of four weeks from the date of receipt of a copy of this Judgment, if not
deposited earlier. On such deposit, the claimant is permitted to withdraw the
entire award amount with proportionate accrued interest and costs by making
necessary applications.
The claimant is directed to pay the Court fee for the compensation
amount, if required. The Tribunal below shall not disburse the amount till such
time as proof of payment of Court Fee has been produced by the claimant. No
costs.
16.06.2025
Speaking / Non Speaking order
Neutral Citation : Yes/No
Index :Yes/No
mps
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T.V.THAMAILSELVI, J.
mps
To
1.The IV Judge,
Small Causes Court,
Motor Accidents Claims Tribunal,
Chennai.
2.The Section Officer,
VR Section,
Madras High Court.
16.06.2025
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