T.Selvamani v. Dhanam

JUDGMENT This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore, made in M.C.O.P.No.670 of 2019, dated 28.02.2023, wherein the claimant has sought for enhancement of compensation.

¶2The case of the claimant is that on 11.03.2019, while he was travelling on a two-wheeler and at about 8.30 a.m., he was standing along with the two-wheeler near a shop at Kurinjipadi, Periyar Nagar and at that point of time, the offending vehicle, belonging to the first respondent was driven in a rash and negligent manner, and the vehicle dashed against the claimant, as a result of which, the claimant sustained the following injuries: "Communited Fracture Right Ankle Bi Malleulor Bone, Navickular and Cuneiform Fracture, Metatarsal Fracture, Right Ankle Dislocation Right Foot of Torso Metatarsal, Talo Tibial Sub Luxation.". The claimant underwent treatment as an in-patient for 21 days. It is under these circumstances, the claim petition came to be filed before the Tribunal.

¶3The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to the conclusion Page3 of 8 that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.

¶4Having rendered the above finding, the Tribunal proceeded to fix the total compensation at Rs.5,28,285/- under the following heads: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1Disability Rs.1,60,000/-

¶2Loss of Income Rs.65,000/-

¶3Pain and Sufferings Rs.45,000/-

¶4Medical Expenses Rs.2,01,283/-

¶5Nutrition Rs.7,500/-

¶6Damages to Clothes Rs.2,000/-

¶7Transportation Expenses Rs.7,500/-

¶8Attender Charges Rs.40,000/- Total Rounded off Rs.5,28,283/- @ Rs.5,28,285/- The above compensation was directed to be paid along with interest at the rate of 7.5% per annum.

¶5The Tribunal found that the driver of the offending vehicle did not possess a valid driving licence and hence applied the principle of "pay and recovery". Aggrieved by the same, the Insurance Company has filed the present appeal before this Court. Page4 of 8

¶6Heard the learned counsel for the appellant – Insurance Company and the learned counsel for the second respondent – claimant.

¶7This Court carefully considered the submissions made on either side and the materials available on record. This Court also carefully went through the award passed by the Tribunal.

¶8The main ground that was urged on the side of the learned counsel for the appellant is that the claimant was a Civil Engineer and as a result of the accident, he suffered disfigurement of his foot and had to wear a special foot wear. Apart from that, the following surgeries were performed on the claimant: "Surgeries:

1.K-wire fixation of 4th metatarsal, 1st metatarsal medial Malleluous done,

2.External fixator was put into metatarsal and Tibia for further Augmentation,

3.Raw Area Dorsom of Right Ankle Skin Grafting was done from Left Thigh

4.Removal of External Fixator

5.Continued OP Treatment for another 3 months for swelling and sever pain.

6.Treatment spanned for nearly 6 months

¶7On 02/06/2019 the doctor noted Deformity on Right foot and prescribed special foot ware which is mentioned in OP Chit treatment record dated 02.06.2019. It is also been mentioned in Page5 of 8 Medical Board Certificate." In view of the same, it is contended that the compensation that was fixed by the Tribunal under various heads is on the lower side and it requires enhancement.

¶9In the considered view of this Court, taking note of the injuries suffered and the disability which was ascertained as 32% by the Medical Board under Ex.C1, and also considering the surgeries that were performed on the claimant, this Court is inclined to enhance the compensation under the head of disability by fixing Rs.8,000/- per percentage. Accordingly, the compensation under the head of disability is enhanced to Rs.2,56,000/- (Rs.8,000/- x 32%).

¶10This Court is also inclined to enhance the compensation under the head of pain and sufferings to Rs.50,000/-, Extra nourishment to Rs.15,000/-, Transportation Expenses to Rs.14,000/-.

¶11No compensation has been granted under the head of loss of amenities and this Court is inclined to grant compensation of Rs.25,000/- under the head of Loss of amenities.

¶12In the light of the above discussion, the award passed by the Tribunal under various heads are modified as follows: Page6 of 8 Sl. No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Disability Rs.1,60,000/-Rs.2,56,000/-

¶2Loss of Income Rs.65,000/-Rs.65,000/-

¶3Pain and Sufferings Rs.45,000/-Rs.50,000/-

¶4Medical Expenses Rs.2,01,283/-Rs.2,01,283/-

¶5Extra Nourishment Rs.7,500/-Rs.15,000/-

¶6Damages to Cloths Rs.2,000/-Rs.2,000/-

¶7Transportation Expenses Rs.7,500/-Rs.14,000/-

¶8Attender Charges Rs.40,000/-Rs.40,000/-

¶9Loss of amenities ---Rs.25,000/-Total Rounded off Rs.5,28,283/-@ Rs.5,28,285/-Rs.6,68,283/-@ Rs.6,68,285/-

¶13The compensation awarded by the Tribunal at Rs.5,28,285/- is enhanced to Rs.6,68,285/-. The second respondent - Insurance Company is directed to deposit the enhanced compensation, 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 within a period of four (4) weeks from the date of receipt of this judgment and on such deposit, the claimant is entitled to withdraw the same on due application. Insofar as the enhanced compensation of Rs.1,40,000/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay of 165 days as was ordered by this Court in Page7 of 8 C.M.P.No.2440 of 2024 in C.M.A.Sr.No.11860 of 2024 dated 12.06.2024. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

¶15In the result, the Civil Miscellaneous Appeal is allowed. No costs. 08-07-2026 Index: Yes/No Speaking/Non-speaking order SSI To:

¶1The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Cuddalore.

¶2The Section Officer, V.R.Section, High Court of Madras. CMAoNo.o1738oofo2024 N.ANANDoVENKATESH,oJ. SSI CMAoNo.o1738oofo2024 08-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH T.Selvamani S/o. Thirugnanam, No.75, Mariamman Koil Street, Vadakkuthittai, Melamnakudi, Chidamparam Taluk, Cuddalore District - 608 601. ..Appellant(s) Vs 1. Dhanam W/o. Radhakrishnan, 1068, Old Colony, A C Palayam, Panruti Taluk, Cuddalore District. 2. The Divisional Manager United India Insurance Company Ltd., 13A, Nethaji Road, DO, Cuddalore 607 001. ..Respondent(s) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree in MCOP No. 670 of 2019 dated 28.02.2023 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate at Cuddalore. For Appellant(s): M/s.Ramya V.Rao For Respondent(s): Mr.S.Arunkumar FOR R2 R1 - DISPENSED WITH (VIDE COURT ORDER DATE 22/07/2024) Page2 of 8