Madras High Court
R. Srinivasan vs Asgar A.Khety on 14 November, 2025
CMA No. 2649 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:14.11.2025
CORAM
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
CMA No. 2649 of 2025
R. Srinivasan ..... Appellant(s)
Vs
1. Asgar A.Khety
2. The Oriental Insurance Co. Ltd.,
No.2, 115/216, Prakasam Road,
Chennai 600 108.
..... Respondent(s)
PRAYER: Civil Miscellaneous Appeal is filed under section 173 of the Motor
Vehicles Act,1988 praying to allow the above Civil Miscellaneous Appeal and
enhance the award in the Order dated 16.12.2022 made in MCOP.NO. 528/2022,
on the file of the Special District Judge, MCOP Tribunal, Salem.
For Appellant(s) : M/s. P.T.Saleem Fathima
For Respondent No.1: Notice dispensed with
For Respondent No.2: Mr.J. Chandran
JUDGMENT
By consent of both sides, the appeal is heard and disposed of at the stage
of admission itself.
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2. The claimant herein has preferred this Civil Miscellaneous Appeal against
the Award dated 30.10.2023 made in MCOP.No.976 of 2021 by the Special Sub
Court No.1/ Court of Small Causes, Chennai for enhancement of compensation.
3. The parties are indicated herein as per their litigative status and ranking
before the Tribunal
4. The facts leading to filing of this Civil Miscellaneous Appeal is as
follows:
(i) On 12.01.2021 at about 11.00 hrs., while the claimant was proceeding in
his Motor Cycle bearing Reg.No.TN-58-C-3282 from East to West at Prakasam
Road, at the point of NSC Bose Road Junction, a motor cycle bearing
Regn.No/TN-04-M-5682 proceeding from North to South direction, which was
driven by its driver in a rash and negligent manner, dashed against the claimant.
Due to the said impact, the claimant fell down and sustained left Distal Radius
Intra Articular Fracture, Right 4th Metatarsal-Undisplaced Fracture of Base, Right
Mandible Condyle Undisplaced fracture and multiple grievous injuries all over the
body. The driver of the vehicle bearing Regn.No.TN-04-M-5682 alone was
responsible for the accident.
(ii) The respondents 1 and 2 are owner and insurer of the offending
vehicle respectively.
(iii) Since the accident occurred only due to the rash and negligent driving of
the driver of the two wheeler bearing Regn.No.TN-04-M-5682, the 1st and 2nd
respondent - owner and insurer respectively of the offending vehicle are
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vicariously and statutorily liable to pay compensation to the claimant.
(iv) The claimant made a claim petition before the Motor Accidents Claims
Tribunal/ Special Sub Court No.1, Small Causes Court, Chennai claiming
compensation of Rs.20,00,000/- against the respondents for the injuries
sustained in the road traffic accident that occurred on 12.01.2021.
5. Refuting the averments made in the claim petition, counter was filed by
the insurance company denying the fact that the accident was caused due to
the rash and negligent driving of the 1st respondent vehicle which was insured
with the 2nd respondent/Insurance Company. But it was caused due to the rash
and careless driving of the claimant. It also disputed age, avocation, income of
the claimant, injuries sustained by him and period of treatment underwent by him
and claims that they are all subject to strict proof.
6. At trial, on the side of the claimants, one witness was examined and nine
documents were marked. On the second respondent side, one witness was
examined and two documents were marked. Ex.C.1 is Disability Certificate
issued by the Medical Board.
7. The Tribunal upon consideration of oral and documentary evidence
and after hearing the arguments advanced by either side counsels, awarded
compensation of Rs.1,90,200/- with 7.5% interest p.a., from the date of petition.
The Tribunal directed the 2nd respondent/Insurance company to pay the
abovesaid compensation amount with liberty to recover the same from the first
respondent.
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8. The compensation awarded by the Tribunal to the claimants under
various heads is as follows;
Heads Compensation
awarded by the
Tribunal
(Rs.)
For Disability Rs. 1,10,000/-
For pain and sufferings Rs. 30,000/-
For transport charge Rs. 4000/-
For extra nourishment Rs. 10,000/-
For Attender charges Rs. 1,200/-
For Loss of earnings during Rs. 25,000/-
treatment period
For Loss of amenities Rs. 10,000/-
Total Rs.1,90,200/-
9. Learned counsel for the appellant/claimant would contend that the
amount granted for partial permanent disability is less and notional income of
the claimant is fixed at Rs.12,500/- against the claim of Rs.25,000/- per month.
Only for the period of two months, loss of income was granted by the Tribunal.
It is also further contended that for other heads namely pain and sufferings and
attendant charges, the amounts awarded by the Tribunal are not adequate.
10. Learned counsel for the 2nd respondent would argue that the amounts
awarded by the Tribunal under various heads appears to be reasonable and
acceptable and hence it needs no interference by this Court.
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11. The manner in which, the accident took place is not in dispute.
12. It has come on record from the evidence of PW1 that out of the
accident, he suffered fracture of left Distal Radius Intra-Articular Fracture, Right
4th Metatarsal Undisplaced Fracture of base and right mandible condyle
undisplaced fracture and for which, he took treatment as inpatient from
12.01.2021 to 15.01.2021 at Ramachandra Hospital, Chennai as per Ex.P.4
discharge summary. The Regional Medical Board of Kilpauk Medical College and
Hospital, Chennai assessed the disability of the claimant as 22% and in
consideration of the above said details, the functional disability of the claimant is
taken as 22%.
13. PW1 would state that he was working as Area Sales Manager and
earning a sum of Rs.1,20,000/- per annum. His employment identity card is
Ex.P.5. In order to substantiate his monthly income, no document is marked. In
consideration of age, avocation of the claimant, his income is fixed as
Rs.20,000/- per month.
14. In consideration of the injuries/fractures suffered by the claimant, in
order to meet the ends of justice, for attendant charges and for extra
nourishment, an amount of Rs.5000/- under each head is granted in addition to
the amount already granted by the tribunal. For loss of earning during treatment
period, an amount of Rs.60,000/- is granted (Rs.20,000 x 3 months). For loss of
amenities, a sum of Rs.10,000/- is granted in addition to the amount already
granted by the tribunal. The date of accident is 12.01.2021. Taking into account
the rise in cost of living, for the disability a sum of Rs.1,98,000/- (22 x 9000) is
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awarded. As regards, other heads, the amounts awarded by the tribunal appears
to be reasonable and acceptable and hence, it does not warrant any interference
by this court. The amounts awarded as mentioned supra after re-work are
tabulated as follows:
Heads Compensation Compensation
awarded by the awarded by
Tribunal this Court
(Rs.)
For Disability Rs. 1,10,000/- Rs.1,98,000/- enhanced
For pain and sufferings Rs. 30,000/- Rs. 30,000/- confirmed
For transport charges Rs. 4000/- Rs. 9000/- enhanced
For extra nourishment Rs. 10,000/- Rs. 15,000/- enhanced
For Attender charges Rs. 1,200/- Rs. 6,500/- enhanced
For Loss of earnings Rs. 25,000/- Rs. 60,000/- enhanced
For Loss of amenities Rs. 10,000/- Rs. 20,000/- enhanced
Total Rs. 1,90,200/- Rs.3,38,500/- enhanced
15. A sum of Rs.3,38,500/- is awarded as compensation for the claimants
along with interest at the rate of 7.5% per annum from the date of petition till the
date of realisation.
16. In the result,
• The Civil Miscellaneous Appeal is partly allowed. No costs.
• The compensation awarded by the Tribunal is enhanced from
Rs.1,90,200/- to Rs.3,38,500/-
• The 2nd respondent /Insurance company is directed to deposit
the enhanced compensation of Rs.3,38,500/- awarded by this
Court to the credit of MCOP.No.976 of 2021 on the file of Motor
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Accidents Claims Tribunal, Special Sub Court No.1, Small
Causes Court, Chennai, along with interest at the rate of 7.5%
per annum from the date of petition, till the date of realisation,
(excluding the period of default, if any) less the amount, if any
deposited, within a period of eight weeks from the date of receipt
of a copy of this judgment, at the first instance and later recover
the same from the 1st respondent/owner of the insured vehicle.
• On such deposit, the appellant/claimant is at liberty to withdraw
the amount now determined by this Court along with interest and
costs, after adjusting the amount, if any already withdrawn, by
filing relevant application before the Tribunal.
• The claimant is directed to pay the court fee for the enhanced
compensation amount, if required. The Tribunal shall disburse
the enhanced amount upon production of the certified copy
showing proof of payment of Court Fee by the claimant/appellant.
msr 14.11.2025
Index:Yes/No
Internet:Yes
To
The Motor Accidents Claims Tribunal,
Special Sub Court No.1, Small Causes
Court, Chennai.
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R.KALAIMATHI J.
msr
14.11.2025
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