Partly allowed

Ganesan v. Raja

Madras HC3 Dec 2024CMA/3100/2024

Case brief

AI extract

What is this about?

Claimant injured in a collision between his two-wheeler and a JCB sought enhancement over the Tribunal award of Rs.2,05,450/-. The court raised loss of income during treatment to Rs.20,000/- and extra nourishment to Rs.25,000/-, confirmed other heads, and enhanced total compensation to Rs.2,19,450/- payable by the insurer with interest.

What did the court decide?

Compensation enhanced from Rs.2,05,450/- to Rs.2,19,450/-; insurer to deposit with interest at 7.5% p.a. within four weeks; transfer via RTGS to claimant.

Ganesan Vs Raja — Motor Accident Claims | Madras HC (2024)

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C.M.A.No.3100 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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CMA No. 3100 of 2024

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Ganesan Appellant

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Raja

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2.National Insurance Co. Ltd Branch Office: SR Complex, Rajamani Thottam, Salem - Bhavani Main Road, Sankari 637 301.

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Respondents

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PRAYER

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To allow the above Civil Miscellaneous appeal and enhance the award

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in the order dated 08.07.2022 made in MCOP No.431 of 2015 on the file of the

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Motor Accident Claims Tribunal/Subordinate Judge Court, Sankari.

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For Appellant(s): M/s.P.Neelavathi for Mr.C.Paraneedharan

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For R2: Mrs.N.B.Surekha

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.3100 of 2024

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JUDGEMENT

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This Civil Miscellaneous Appeal has been filed by the appellant/claimant, challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal in M.C.O.P.No.431 of 2015 dated 08.07.2022.

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On 17.07.2015, at about 6.45 p.m., when the appeallant was

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driving the two wheeler bearing Reg.No.TN 30 U 3412 towards Ramapuram to Morepalayam, Near Aandikkadu Milk Society, at that time, a JCB vehicle bearing Reg.No.TN-34-P-4932, owned by the first respondent, insured with the 2nd respondent, driven by its driver in a rash and negligent manner and dashed

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against the two wheeler of the appellant. Due to the impact, the appellant/claimant sustained grievous injuries and fractures all over his body. Hence, the appellant/claimant, made a claim petition before the Tribunal seeking a sum Rs.15,00,000/- as compensation.

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3. Before the Tribunal, the claimant/appellant examined himself as P.W.1 and marked Exhibits P1 to P9 and on the side of the respondents, no documents were marked and no witness was examined and the disability certificate and X-ray were marked as Ex.C1. After trial, the Tribunal, on

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consideration of oral and documentary evidence, has awarded a sum of https://www.mhc.tn.gov.in/judis 2/7

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C.M.A.No.3100 of 2024

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Rs.2,05,450/- as compensation to the appellant. Being not satisfied with the

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same, the appellant/claimant has preferred the present appeal.

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4. The learned counsel for the appellant/claimant would submit that at the time of accident the appellant was aged about 31 years and was working as a car driver and was earning a sum of Rs.20,000/- per month. However, without considering the same, the Tribunal had fixed a sum of Rs.16,000/- towards 'loss of income' during the treatment period, which is on the lower side and the compensation awarded under the other heads are also on the lower side and the same has to necessarily be enhanced. Accordingly, he prayed for appropriate orders.

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5. Per contra, the learned counsel appearing for the 2 nd respondent/ Insurance Company submitted that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prayed for dismissal of the appeal.

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6. Heard the learned counsel on either side and perused the materials

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available on record.

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C.M.A.No.3100 of 2024

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7. The factum and manner of the accident is not disputed by the parties. Therefore, this Court is not entering into the said aspect. The main grievances of the appellant/claimant is with regard to the quantum of compensation awarded by the Tribunal. In the present case, as noticed above, at the time of accident, the appellant was a car driver and aged about 31 years, earning a sum of Rs.20,000/- per month. Taking into consideration the facts and circumstances of the case and submission made by the learned counsel for the appellant, this Court feels that t he loss of income during the treatment period fixed by the Tribunal at a sum of Rs.16,000/- is on the lower side and thus, it would be appropriate to fix the loss of income during the treatment period of the appellant/claimant at Rs.20,000/- per month, which is just and reasonable.

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A sum of Rs.15,000/- awarded by the Tribunal under the head "Extra Nourishment", which appears to be low, and the same is hereby modified to Rs.25,000/- .

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Insofar as the compensation awarded by the Tribunal under other heads are concerned, this Court finds that the same are just and proper and are hereby confirmed. Thus, the total compensation payable to the claimant under various Heads is as hereunder:-

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C.M.A.No.3100 of 2024

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*Heads*	*Awarded by the* *Tribunal* *(Amount in Rs.)*	*Awarded by this* *Court (Amount* *in Rs.)*
Disability	40,000/-	40,000/-
Pain and sufferings	50,000/-	50,000/-
Medical expenses during treatmentperiod	59,450/-	59,450/-
Loss of income during treatment period	16,000/-	20,000/- (enhanced)
Extra nourishments	15,000/-	25,000/- (enhanced)
Transportation	15,000/-	15,000/-
Attender charges	10,000/-	10,000/-
Total	2,05,450/-	2,19,450/-

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10. Accordingly, the appeal is partly allowed and the impugned award of the Tribunal is modified enhancing the compensation amount from Rs.2,05,450/- to Rs.2,19,450/- . The 2 nd respondent/Insurance Company is directed to deposit the said amount to the credit of MCOP No.431 of 2015 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the said amount directly to the bank account of the Appellant through RTGS within a period of two (2) weeks thereafter, upon production of proof with

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C.M.A.No.3100 of 2024

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regard to payment of Court fee on the enhanced compensation by the appellant.

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It is underscored that the appellant is not entitled to any interest for the delay

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period of 134 days as per the order dated 30.10.2024. No costs.

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03-12-2024

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Index : Yes / No Speaking Order :Yes / No Neutral Citation Case : Yes / No jd

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1.Motor Accident Claims Tribunal, Subordinate Judge Court, Sankari. 2. The Section Officer, V.R. Section, High Court, Madras.

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C.M.A.No.3100 of 2024

M.DHANDAPANI, J.

C.M.A.No.3100 of

2024

03.12.2024

https://www.mhc.tn.gov.in/judis

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Ganesan v. Raja

Case brief

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Ganesan v. Raja

Case brief

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