Madras High Court
M. Lakshmanan vs G. Vinothkumar on 17 June, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 1667 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CMA No. 1667 of 2023
M. Lakshmanan
Appellant(s)
Vs
1. G. Vinothkumar
2.Shriram General Insurance Co.Ltd.,
Plot No.5, I st Floor, Saravana Nagar,
Perungudi, Chennai 96.
Respondent(s)
PRAYER :- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles
Act, praying to allow the appeal and enhance the compensation in MCOP
No.6156 of 2018 on the file of the Motor Accidents Claims Tribunal in the IV
Court of Small Causes, Chennai.
For Appellant: Mr. R.Mohan Babu
For Respondents: R1 - Exparte
Mr.S.Dhakshnamoorthy For R2
1/8
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CMA No. 1667 of 2023
JUDGMENT
The claimant not being satisfied with the quantum of compensation
awarded by the Tribunal in MCOP No.6156 of 2018, dated 28.03.2023 has
preferred this appeal seeking for enhancement of compensation.
2.The case of the petitioner is that on 01.08.2018 at about 14.30 hrs.,
when the petitioner was riding his two wheeler bearing Regn. No. TN-07-
BH2935 in Nazaratpettai Agaram Mel Erikkarai Road, near SKR Engineering
College, the driver of a Van bearing Regn. No.TN-20 CA 8563 drove it in a rash
and negligent manner came from the opposite direction, dashed the petitioner's
two wheeler and caused an accident. Due to which, the claimant 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.15,00,000/-.
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
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accident had taken place only due to the rash and negligent driving on the part
of the rider of the 1st respondent. Having come to such a conclusion, the
Tribunal fixed the total compensation payable at Rs.2,11,061/- under various
heads as follows:
S.No Compensation awarded under Amount
the head (in Rs.)
1. Disability 1,25,000
2. Medical Expenses 8,061
3. Loss of income 11,000
4. Pain and Suffering 25,000
5. Transportation expenses 5,000
6. Nutrition expenses 10,000
7. Damages to cloths 2,000
8. Loss of amenities 25,000
Total 2,11,061
4.The above compensation was directed to be paid with interest at the rate
of 7.5% per annum.
5.The claimants 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
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6. The learned counsel for appellant argues that due to the accident
happened on 01.08.2018, the petitioner sustained injury on both borne of his
right leg, due to which, he was not able to drive the vehicle and he sustained
25% disability, but the tribunal has fixed only a sum of Rs.5000/- per
percentage of disability as such is erroneous one and prayed for enhancement of
compensation.
7. The learned counsel for 2nd respondent insurance company argues that
the tribunal granted the award under various heads is well-reasoned one, which
needs no interference. Hence, he raised strong objections and prayed to dismiss
this appeal.
8. On perusal of award passed by the Tribunal below, the fact reveals that
at the time of accident, the claimant was the driver. So, the notional income was
fixed for one month. On considering the injuries as well as treatment period, the
learned Tribunal fixed one month for loss of income, but the learned counsel for
appellant argues that due to the injuries sustained, he was not able to drive the
vehicle for nearly about four months. Hence, four months period is to be taken
for loss of income. By relying the discharge summary, the learned counsel for
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2nd respondent would submit that only 29 days, he is in hospital, but however on
seeing the grievous injury, this Court is inclined to modify the treatment period
from one month to four months. Furthermore, the learned Tribunal had fixed
one month for loss of income, but on seeing the grievous injury, this Court is
inclined to modify the period for loss of income as four months. The accident
was happened in the year 2018 and he was aged about 34 years. Therefore, on
considering the cost of living as well as age of petitioner, this Court is inclined
to fix the notional income as Rs.15000/- per month. Considering the 25% of
disability, this court is inclined to enhance the sum awarded as Rs.5000/- per
percentage to Rs.8000/- per percentage. On seeing the facts, he has undergone
surgeries during the treatment period and also took treatment for more than 29
days in various hospitals. Hence, for the pain and sufferings, the sum awarded
as Rs.25,000/- is enhanced to Rs.50,000/-. Considering the fact that during the
treatment period, the petitioner required an attender, the attender charges is to be
arrived as Rs.12,000/- and the transportation expenses is also to be enhanced
from Rs.5000/- to Rs.10,000/-.The compensation that has been fixed under the
other heads are reasonable and does not require the interference of this Court.
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9.In the light of the above discussion, the compensation awarded by the
tribunal is modified as follows:
S.No Compensation awarded under Amount
the head (in Rs.)
1. Disability/loss of income 2,60,000
(25% x Rs.8000/- = Rs.2,00,000/-)/
(Rs.15000 x 4 = Rs.60,000/-)
2. Medical Expenses 8,061
3. Pain and Suffering 50,000
4. Transportation expenses 10,000
5. Nutrition expenses 10,000
6. Damages to cloths 2,000
7. Loss of amenities 25,000
8. Attender charges 12,000
Total 3,77,061
Rounded off 3,77,070
10.The compensation awarded by the tribunal at Rs.2,11,061/- is
enhanced to Rs.3,77,070/-. The second respondent insurance company is
directed to deposit the enhanced compensation of Rs.3,77,070/-, less the amount
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
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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.
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T.V.THAMILSELVI J.
rpp
17-06-2025
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