Claimant appealed for enhancement of compensation for grievous injuries suffered in a car accident. The court raised the per-percentage disability rate to Rs.5,000, enhanced several heads, added loss of earnings, set aside loss of amenities, enhancing total from Rs.1,63,000 to Rs.2,17,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.No.3254 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
C.M.A.No.3254 of 2024
Ramya (Declared as Major)
... Appellant
Vs.
1.K.Elumalai
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgement and Decree dated 20.12.2023 made in M.C.O.P.No.7871 of 2015 on the file of Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai.
For Appellant : Mr.K.Varadhakamaraj For Respondents : Notice dispensed with vide order dated 20.11.2024 [R1] Mr.P.Suresh Srinivasan [R2]
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C.M.A.No.3254 of 2024
JUDGMENT
The above appeal is filed by the petitioner/claimant seeking an
enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai in M.C.O.P.No.7871 of 2015.
2. The case of the appellant is that, on 15.03.2015, at about 7.45 hours, while he was an occupant of the car bearing Regn.No.TN-11-Z9835, owned by the 1 st respondent and insured with the 2 nd respondent, at a place in Chennai to Thiruvannamalai Bye-Pass college road near to Adidravidar Hostel, the driver of the above vehicle drove the same in a very rash and negligent manner lost control and as a result got capsized, thereby, he sustained grievous injuries. Therefore, the appellant had filed a claim petition claiming a sum of Rs.20,00,000/- for the injuries sustained by him in the said road accident.
were examined nor any documents were marked on the side of the respondents. The Tribunal has marked the Medical Board Certificate of https://www.mhc.tn.gov.in/judis Page No.2 of 9
C.M.A.No.3254 of 2024
the appellant/petitioner as Ex.C.1. After adjudication, the Tribunal awarded a sum of Rs.1,63,000/- as compensation to the appellant. Not satisfied with the same, the appellant has preferred the present appeal seeking enhancement.
4. Learned counsel appearing for the appellant submitted that, at
the relevant point of time, per percentage of disability is Rs.5,000/-, however, the Tribunal had awarded a sum of Rs.56,000/- by fixing a sum of Rs.4,000/- per percentage of disability and disability at 14%, which is not sustainable and the same requires to be re-considered by this Court. Further, the other heads awarded by the Tribunal is meagre and the same requires to be enhanced. Accordingly, he prays for appropriate enhancement in favour of the appellant.
5. Learned counsel appearing for the second respondent/Insurance
Company submitted that, the amount of Rs.4,000/- awarded per percentage of disability is reasonable and so also the compensation awarded under the other heads, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal.
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C.M.A.No.3254 of 2024
6. Heard the learned counsel appearing for the appellant and the learned counsel appearing on behalf of the second respondent and perused the materials available on record.
parties. Therefore, this Court is not entering into the said aspect. The only grievance of the appellant/claimant is with regard to the quantum of compensation awarded. In this regard, this Court perused Ex.C.1, which is the disability certificate issued by the Medical Board at Government Royapettah Hospital, Chennai and the same reveals that the appellant had suffered disability of 14%. By considering the said certificate, the Tribunal, had erroneously adopted a sum of Rs.4,000/- per percentage of disability and awarded a sum of Rs.56,000/- towards disability. However, as per the existing law at the relevant point of time, the Tribunal ought to have fixed a sum of Rs.5,000/- per percentage of disability. Hence, this Court is inclined to fix a sum of Rs.5,000/- per percentage of disability. Therefore, the amount under the head of disability stands enhanced to a sum of Rs.70,000/- (14 x Rs.5,000/- = Rs.70,000/-).
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8. Further, the Tribunal had awarded a sum of Rs.33,996/- towards medical expenses; Rs.25,000/- towards pain and suffering; Rs.5,000/towards transportation expenses; Rs.5,000/- towards nutrition expenses; Rs.1,000/- towards damages to clothes; Rs.12,000/- towards attender charges and Rs.25,000/- towards loss of amenities. This Court finds that the compensation awarded under the heads medical expenses, damages to clothes and attender charges are just and reasonable and the same does not require any interference. However, insofar as the compensation awarded towards pain and suffering, transportation expenses and nutrition expenses are concerned, this Court feels that a sum of Rs.40,000/-, Rs.10,000/- and Rs.20,000/- respectively would be just and reasonable compensation.
9. T aking into account the fact that the appellant has taken treatment in the hospital as in-patient for 30 days, this Court awards a sum of Rs.30,000/- (10,000/- x 3) towards loss of earnings during treatment period by fixing a sum of Rs.10,000/- as monthly income. Insofar as the compensation awarded under the head “loss of amenities”,
no compensation can be awarded under such head as the same is not a https://www.mhc.tn.gov.in/judis Page No.5 of 9
C.M.A.No.3254 of 2024
conventional head, which attract any compensation. Therefore, the compensation awarded under the said head is accordingly set aside.
10. In view of the above, the compensation awarded by the
Tribunal is modified as under :-
| S.N o. |
Description | Awarded by the Tribunal (Amount in Rs.) |
Awarded by this Court (Amount in Rs.) |
|---|---|---|---|
| 1 | Disability (14 x 5,000) | 56,000/- | 70,000/- (enhanced) |
| 2 | Medical expenses | 33,996/- | 33,996/- |
| 3 | Pain and Suffering | 25,000/- | 40,000/- (enhanced) |
| 4 | Transportation Expenses | 5,000/- | 10,000/- (enhanced) |
| 5 | Nutrition Expenses | 5,000/- | 20,000/- (enhanced) |
| 6 | Damage to Clothes | 1,000/- | 1,000/- |
| 7 | Attender charges | 12,000/- | 12,000/- |
| 8. | Loss of Amenities | 25,000/- | --- |
| 9. | Loss of Earnings during treatment period |
--- | 30,000/- |
| Total | 1,62,996/- | 2,16,996/- | |
| Rounded off to | 1,63,000/- | 2,17,000/- |
11. Accordingly, this Civil Miscellaneous Appeal is partly allowed
and the compensation amount is enhanced from Rs.1,63,000/- t o
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Rs.2,17,000/- . The second respondent/Insurance Company is directed to
deposit the compensation amount, awarded by this Court, to the credit of
M.C.O.P.No.7871 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 weeks (4) from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellant/claimant through RTGS within a period of two (2) weeks thereafter upon production of proof with regard to payment of Court fee on the enhanced compensation. The appellant/claimant is directed to pay necessary additional Court fee on the enhanced compensation amount. There shall be no order as to costs in the present appeal.
13.12.2024
Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp
To
The Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai.
Copy to
The Section Officer, V.R.Section, High Court, Madras.
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C.M.A.No.3254 of 2024
Page No.8 of 9
1 issue framed by the court
Whether the compensation awarded by the Tribunal for the claimant's injuries should be enhanced, particularly the per-percentage disability amount and other heads.
1 provisions across 1 enactments
Ramya (Declared as Major)
K. Elumalai
Reliance General Insurance Co. Ltd, Motor Third Party Claims, Chennai
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
