Madras High Court
Jagadeesan vs The Managing Director on 17 June, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 2308 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CMA No. 2308 of 2023
Jagadeesan
Appellant
Vs
The Managing Director
Tamil Nadu State Transport
Corporation(VPM) Ltd., Villupuram
Division
Respondent
PRAYER :- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles
Act, praying to allow this appeal and enhance the compensation amount
awarded in the judgement dated 02.08.2023 made in MCOP.No.2137/2019 on
the file of Motor Accident claims tribunal (IV Small Causes judge) Chennai
For Appellant: Ms.S.Krithika Devi
For M/s.S Law Firm
For Respondent: Mr. C.R.Sureshkumar
1/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
CMA No. 2308 of 2023
JUDGMENT
The claimant not being satisfied with the quantum of compensation
awarded by the Tribunal in MCOP No.2137 of 2019, dated 02.08.2023 has
preferred this appeal seeking for enhancement of compensation.
2.The case of the petitioner is that on 20.08.2018 at about 19.30 hours,
when the petitioner was travelling as a pillion rider in a two wheeler bearing
Regn. No.TN-03-V-8076 from Vandavasi to Pukkathurai on Mangalam Village
near Government Primary School, at that time, a Government bus bearing Regn.
No. TN-32-N-3083 proceeding opposite direction driven by the driver in a rash
and negligent manner and dashed on the petitioner's vehicle 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.50,00,000/-.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
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 respondent. Having come to such a conclusion, the Tribunal
fixed the total compensation payable at Rs.2,01,184/- under various heads as
follows:
S.No Compensation awarded under Amount
the head (in Rs.)
1. Disability 1,00,000
2. Medical expenses 1,184
3. Loss of income 22,000
4. Pain and suffering 25,000
5. Transportation expenses 10,000
6. Nutrition expenses 10,000
7. Damages to cloths 2,000
8. Attender charges 1,000
9. Loss of amenities 30,000
Total 2,01,184
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
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 argues that though the private doctor
assessed the disability at 40% of partial permanent disability, he was suffered
with injury in both borne at right leg, but the tribunal has arrived only 20% of
disability. Hence, he prayed to enhance the compensation.
7. The learned counsel for respondent transport corporation raised strong
objections stating that the tribunal rightly assessed the disability and passed the
award under other heads, which needs no interference.
8. On perusal of award passed by the Tribunal below, the fact reveals that
at the time of accident, the claimant was working as driver in Corborndum
Universal Ltd. So, the loss of income was fixed as two months. Furthermore,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
the tribunal has awarded a sum of Rs.5000/- per percentage of disability. By
relying the discharge summary, the learned counsel for respondent would
submit that only 68 days, he is in hospital, but however on seeing the grievous
injury, this Court is inclined to enhance the loss of income as six months. The
accident was happened in the year 2018 and he was aged about 24 years.
Therefore, on considering the cost of living, this Court is inclined to enhance
the notional income from Rs.11,000/- per month to Rs.15,000/- per month.
Considering the 30% of permanent disability, this court is inclined to enhance
the sum awarded as Rs.5000/- per percentage to Rs.7000/- per percentage. On
seeing the facts, he has undergone surgeries during the treatment period and also
took treatment for 63 days in various hospitals. Hence, for the pain and
sufferings, the sum awarded as Rs.25,000/- is enhanced to Rs.50,000/-. As he is
in need of more nourishment, the nutrition expenses awarded as Rs.10,000/- is
enhanced as Rs.20,000/-. Furthermore, his cloths would have been damaged in
the accident. Hence, a sum of Rs.2000/- fixed for damages to cloths is enhanced
to Rs.5000/-. Considering the fact that during the treatment period, the
petitioner required an attender, the attender charges is enhanced from
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
Rs.10,000/- to Rs.24,000/-. The compensation that has been fixed under the
other heads are reasonable and does not require the interference of this Court.
9.In the light of the above discussion, the compensation awarded by the
tribunal is modified as follows:
S.No Compensation awarded under the head Amount
(in Rs.)
1. Disability/loss of earning during the 3,00,000
treatment period
(30% x Rs.7000 = Rs.2,10,000/-)
/(Rs.15,000 x 6 = Rs.90,000/-)
2. Medical expenses 1,184
3. Pain and sufferings 50,000
4. Transportation expenses 10,000
5. Nutrition expenses 20,000
6. Damages to cloths 5,000
7. Attender charges 24,000
8. Loss of amenities 30,000
Total 4,40,184
Rounded off
4,40,190
10.The compensation awarded by the tribunal at Rs.2,01,184/- is
enhanced to Rs.4,40,190/-. The second respondent insurance company is
directed to deposit the enhanced compensation of Rs.4,40,190/-, less the amount
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
already deposited, together with interest at 7.5% p.a. from the date of claim
petition till the date of deposit within a period of eight weeks from the date of
receipt 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.
11. In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs.
17-06-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rpp
To
1. Motor Accident Claims Tribunal, IV Judge, Court of Small Causes, Chennai.
2. Section Officer, VR Section, Madras High Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
T.V.THAMILSELVI J.
rpp
17-06-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/06/2025 01:20:58 pm )
