J. Viswanath v. B. Ayyappan

Judgment This Civil Miscellaneous Appeal has been filed by the claimant challenging the award passed by the Motor Accident Claims Tribunal, V Small Causes Court, Chennai, in MCOP No.2002 of 2015 dated 02.02.2023, wherein the claimant is seeking for enhancement of compensation fixed by the Tribunal.

¶2The Appellant filed the claim petition on the ground that on

21.08.2014, he was riding a two wheeler from Sengundram to Thiruvallur and at about 11.00 hours, the offending vehicle, which was a TATA Ace Magic, was driven in a rash and negligent manner and it dashed against the two wheeler. As a result of which, the appellant sustained the following injuries :- "Fracture of left scapula, fracture of mandible reduced dislocation of left elbow" It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for compensation.

¶3The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Page3 of 5

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.2,22,900/- under various heads as follows :- Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Disability Rs. 30,000/-

¶2Medical expenses Rs. 1,54,500/-

¶3Loss of Income -

¶4Pain and sufferings& Mental agony Rs. 10,000/-

¶5Transportation expenses Rs. 5,000/-

¶6Nutrition Expenses Rs. 10,000/-

¶7Damages to clothes Rs. 1,000/-

¶8Attender charges Rs. 2,400/-

¶9Loss of Amenities Rs. 10,000/-Total Rs. 2,22,900/-

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

¶6Heard Mr.K.Varadha Kamaraj, learned counsel for appellant/claimant and Mr.G.Sukumari, learned counsel for 2nd respondent.

¶7This Court carefully considered the submissions made on either side and the materials available on record. Page4 of 5

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

¶9The learned counsel for the appellant submitted that considering the nature of injuries that were sustained by the claimant and the disability certificate that was issued by the Medical Board and that the claimant had undergone treatment as an inpatient for six days, the Tribunal had awarded a very low compensation.

¶10In the considered view of this Court, the Tribunal had considered each and every head and has fixed a very reasonable compensation. There is no scope for enhancing the said compensation. Accordingly, the award passed by the Tribunal is sustained and this appeal is dismissed. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Motor Accident Claims Tribunal, (V Small Causes Court), Chennai CMAoNo.o2483oofo2023 N.ANANDoVENKATESHoJ. RKA CMAoNo.o2483oofo2023 30-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH J. Viswanath S/o.Jagadeesan, No.59/36, Pillaiyar Koil Street, Minjur peruratchi, Minjur 601 2023 ..Appellant(s) Vs 1. B. Ayyappan S/o.Baddappa, Choudery, No.4/41, 3rd Street, Sakthivel nagar, Puzhal, Chennai 600 006. 2. Reliance General Insurance Co.Ltd, Motor Third party Claims, No.6, Reliance House, 6th Floor, Haddows Road, Nungambakkam, Chennai 600 006. ..Respondent(s) To enhance the amount awarded in MCOP.No.2002 of 2015 dated 02.02.2023 on the file of Motor Accident Claims Tribunal, (V Small Causes Court), Chennai as prayed for with interest and cost. For Appellant(s): Mr. K. Varadha Kamaraj G.Thanigaivel For Respondent(s): M/s.G.Sukumari for R2 R1-Speed Post Notice Sent Page2 of 5