Madras High Court
N. Tharun vs P. Sudhakar on 20 June, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 1577 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CMA No. 1577 of 2024
N. Tharun
S/o. N.Reddappa Naidu, No.9-24,
Gobbilla Mitta Village, Chippara Palli
Post, Penumuru Mandal, Chittoor
District, Andhra Pradesh - 517 126.
Appellant(s)
Vs
P. Sudhakar
No.11-11 Chinna Podi Chenu Village,
Pachikapallam Post, Vedurukuppam
Mandal, Chittor District, Andhra
Pradesh - 517 569.
Respondent(s)
PRAYER
This Civil Miscellaneous Appeal has been filed under Section 173 of the
Motor Vehicles Act, 1988, prayed to enhance the compensation awarded in
judgement and decree dated 04-01-2023 made in MCOP.No.2725/2020 on the
file of the Motor Accident Claims Tribunal / II Judge, Court of Small Causes,
Chennai.
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CMA No. 1577 of 2024
For Appellant(s): L. Mohan Rao
For Respondent(s): M/s R. Neethi Perumal For R2
R1 - Notice Dispensed With
JUDGMENT
The appellant is the claimant in MCOP No.2725 of 2020 on the file of
Motor Vehicle Accident Claims Tribunal, Chennai. He filed the said claim
petition under Section 166 of the Motor Vehicles Act, seeking compensation of
Rs.35,00,000/- for the injuries sustained by him in a road accident that occurred
on 07.10.2020.
2. The brief case of the appellant/claimant are as follows. On
07.10.2020, at about 8.45 hrs, while the appellant was riding a motorcycle
bearing No.AP.03.AZ.1441 on Vedurukuppam to Penumuru Road, a Tipper
lorry bearing No.AP.39.V.9843, driven in a rash and negligent manner, came
from the opposite direction near Gantavaripalli Village close to Raghunadha
Reddy Bore Well from Pachikapallam and dashed against the appellant. The
lorry ran over the right foot of the appellant, resulting in grievous injuries. The
accident occurred solely due to the rash and negligent driving of the driver of
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the Tipper lorry. The first respondent, being the owner of the said lorry, and the
second respondent, being its insurer, are vicariously and statutorily liable to pay
compensation to the appellant along with interest and costs.
3. The learned II Judge, Court of Small Causes, Motor Accident Claims
Tribunal, Chennai, after analysing the evidence on record, awarded a
compensation of Rs.7,65,000/- together with interest at the rate of 7.5% per
annum. Not being satisfied with the quantum of compensation awarded by the
tribunal, the appellant/claimant has filed the present appeal under Section 173 of
the Motor Vehicles Act.
4. The learned counsel appearing for the appellant submitted that while
awarding compensation, the learned Trial Judge failed to properly appreciate the
disabilities certificate issued by the Medical board and did not apply the
appropriate multiplier. Furthermore, the learned Trial Judge awarded only
Rs.5,000/- per percentage of disability, which is very low. He also failed to
properly consider the grievous injuries sustained by the injured and did not
award any amount towards loss of income, despite the fact that the injured was
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hospitalized as an inpatient for 26 days. Hence, he prayed for enhancement of
the compensation amount.
5. The learned counsel appearing for the respondent raised an objection
stating that the injured did not sustain any permanent disabilities or loss of
amenities. Therefore, the Tribunal rightly considered the disability certificate
issued by the Doctor and arrived at a just quantum of compensation, which
requires no interference.
6. Upon considering the submissions made by both sides and on
perusal of the records, it is seen that the accident admittedly occurred in the
year 2020. As per the medical report marked as Ex.C1, the Doctor assessed the
disability at 53 %. However, since there is no evidence of total incapacitation,
the partial permanent disabilities is reasonably fixed at 50%. On perusal of
Ex.C1, the disability certificate, it is evident that the petitioner sustained
injuries in his lower limb, resulting in post-traumatic Sequelae due to the road
traffic accident (RTA). Taking into account the pain and suffering endure by the
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petitioner, the compensation under that head is enhanced to Rs.1,00,000/-.
Considering the overall facts and circumstances of the present case, this Court is
inclined to enhance the compensation awarded as tabulation below.
Sl. Heads Amount (in Rs.) Amount (in Rs.).
No awarded by the awarded by the
Tribunal High Court
1 Disability 53% x 5,000 = 50% x 9,000 =
2,65,000 4,50,000
2 Pain and suffering 50,000 1,00,000
3 Loss of earning during treatment Nil Nil
4 Medical expenses 3,40,755 3,40,755
5 Loss of Amenities 50,000 75,000
6 Attender Charges 20,000 30,000
7 Transportation Charges 20,000 20,000
8 Extra Nourishment 20,000 20,000
Total 7,65,755 10,25,755
round off to round off to
Rs.7,65,800/- Rs.10,25,800/-
7. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.10,25,800/- which would carry interest at the rate of 7.5% per annum.
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8. In the result,
i. The Civil Miscellaneous appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.10,25,800/-
iii. The appellant / claimant is directed to pay the Court fee for the
enhanced compensation amount, if any, within a period of four weeks form the
date of this order and the Registry is directed to draft the decree only after
receipt of the Court fee.
iv. The 2nd respondent, the New India Assurance Co. Ltd., Motor Third
Party Claims, Bombay Mutual Building, No.323, NSC Bose Road, Chennai-1,
is directed to deposit the enhanced compensation amount i.e., Rs.10,25,800/-
(Rupees Ten lakhs twenty five thousand and eight hundred only), less the
amount already deposited, together with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit to the credit of
MCOP.No.2725 of 2020 on the file of the Motor Accident Claims Tribunal / II
Judge, Court of Small Causes, Chennai, within a period of four weeks from the
date of receipt of a copy of this order / uploading of this order.
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v. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same after following due process of law.
vi. The appellant / claimant is not entitled to claim interest for the
period of delay of 168 days in filing this appeal.
20-06-2025
rri
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1. The Motor Accident Claims Tribunal
/ II Judge, Court of Small Causes,
Chennai.
2.The New India Assurance Co.Ltd
Motor Third Party Claims, Bombay
Mutual Building, No.232 NSC Bose
Road, Chennai - 600 001.
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T.V.THAMILSELVI J.
rri
20-06-2025
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