K.Ramanathan v. S. Ruban Fernandez

Judgment This Civil Miscellaneous Appeal has been filed against the award passed by Motor Accident Claims Tribunal (Small Causes Court, Special Sub Page2 of 8 Judge No.2), Chennai in MCOP No.1111 of 2018 dated 21.12.2021, wherein the claimant is seeking for enhancement of compensation.

¶2The case of the claimant is that on 17.01.2018, he was riding a two wheeler at GST Road and was proceeding from Chennai towards Trichy and at about 16.00 hours, the offending vehicle which was a car was driven in a rash and negligent manner and the said car was abruptly stopped without giving any indication and as a result, the two wheeler dashed on the car and the claimant was thrown out of the vehicle and he sustained the following injuries :- "Compound Grade II fracture left femur Comminuted both bones fracture left leg Comminuted both bones fracture left forearm Soft tissue injury left side forehead" The claimant underwent treatment as an inpatient for 34 days and underwent four surgeries. 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 that the accident had taken place only due to the rash and negligent driving on the part of the rider of the offending vehicle. Page3 of 8

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.12,80,580/- (rounded off to Rs.12,80,600/-) under various heads as follows :- Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Disability Rs. 5,77,500/-

¶2Pain and sufferings Rs. 50,000/-

¶3Transportation Rs. 5,000/-

¶4Medical expenses Rs. 6,17,880/-

¶5Extra Nourishment Rs. 10,000/-

¶6Attender charges Rs. 10,200/-

¶7Loss of Amenities Rs. 10,000/-Total Rs.12,80,580/-Rounded off Rs.12,80,600/-

¶5The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the award passed by the Tribunal, the claimant has filed this Appeal seeking for enhancement of compensation.

¶6Heard Mr.K.Varadha Kamaraj, learned counsel for the appellant /claimant and Mr.P.Suresh Srinivasan, learned counsel for 2nd respondent.

¶7This Court carefully considered the submissions made on either side and the materials available on record. Page4 of 8

¶8This Court also carefully went through the award passed by the Tribunal.

¶9In the case in hand, the Tribunal had adopted the multiplier method, considering the nature of injuries sustained by the claimant and also considering the disability certificate issued by the medical board, which was marked as Ex.C1 and which shows that the claimant has suffered 49% permanent disability. Considering the avocation of the claimant, the Tribunal fixed the functional disability at 25%. This Court finds the same to be reasonable and that it does not warrant the interference of this Court. However, the Tribunal has fixed the notional monthly income at Rs.11,000/-, which is on the lower side. This Court is inclined to enhance the same to Rs.13,500/-. Accordingly, the compensation under the head of disability is calculated as follows :-Disability = Rs.13,500/-+ 25% future prospects x 12 x 14 x 25% = Rs.7,08,750/-

¶10This Court is inclined to enhance the compensation under the heads of Pain and sufferings to Rs.75,000/-, Transportation charges to Rs.15,000/-, Extra Nourishment to Rs.35,000/-, Attender Charges to Rs.30,000/- Page5 of 8 and loss of amenities to Rs.30,000/-.

¶11The claimant has filed CMP No.21243 of 2022 seeking to receive additional documents. These Additional documents pertain to the treatment undertaken by the claimant and are supported by the original medical bills, which discloses that the claimant has incurred a sum of Rs.53,064/- towards medical expenses. Accordingly, the said amount is awarded towards Future Medical Expenses.

¶12The compensation fixed under the other heads is just and proper and it does not require the interference of this Court.

¶13In the light of the above discussion, this Court modifies the compensation in the following manner:- Sl.No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Disability Rs. 5,77,500/-Rs.7,08,750/-

¶2Pain and sufferings Rs. 50,000/-Rs.75,000/-

¶3Transportation Rs. 5,000/-Rs.15,000/-

¶4Medical expenses Rs. 6,17,880/-Rs.6,17,880/-

¶5Extra Nourishment Rs. 10,000/-Rs.35,000/-

¶6Attender charges Rs. 10,200/-Rs.30,000/-

¶7Loss of Amenities Rs. 10,000/-Rs.30,000/-

¶8Future

Medical Rs.53,064/-Page6 of 8 Expenses Total Rs.12,80,580/-Rs.15,64,694/-Rounded off Rs.12,80,600/-Rs.15,64,700/-

¶14The compensation awarded by the Tribunal at Rs.12,80,600/- is enhanced to Rs.15,64,700/-. The Insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. 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 partly allowed in the above terms. No costs. 13-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Motor Accident Claims Tribunal (Small Causes Court, Special Sub Judge Page7 of 8 No.2), Chennai. CMAoNo.o2720oofo2022 N.ANANDoVENKATESHoJ. RKA CMAoNo.o2720oofo2022 AND CMPoNO.o21243oOFo2022 13-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH K.Ramanathan S/o. Krishnan ..Appellant(s) Vs 1. S. Ruban Fernandez S/o. A. Santhiyagu 2. Reliance General Insurance Co.Ltd., Reliance House, R.O. Legal Dept, 6 th Floor, No.6, Haddows road, Nungambakkam, Chennai 6. ..Respondent(s) Civil Miscellaneous appeal filed under Section 173 of the Motor Vehicles Act, 1988 to allow this appeal and be pleased to enhance the amount awarded in MCOP No.1111 of 2018 dated 21.12.2021 on the file of Motor Accident Claims Tribunal (Small Causes Court, Special Sub Judge No.2), Chennai. For Appellant(s): Mr.K.Varadha Kamaraj For Respondent(s): M/s.P.Suresh Srinivasan For R2 R1 - Left