J. Murugan v. M/S. Hotel Saravana Bhavan

Judgment This Civil Miscellaneous Appeal has been filed against the award Page2 of 7 passed by the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, in MACTOP No.13 of 2016 dated 29.11.2021, wherein the claimant is seeking for enhancement of compensation.

¶2The case of the claimant is that on 27.08.2015, he was riding a two wheeler from Kodambakkam to Poes Garden and at about 4.15 p.m, the offending vehicle, which was a Tempo Traveller Van, was driven in a rash and negligent manner and dashed against the two wheeler. As a result of which, the claimant sustained grievous injuries. The claimant underwent treatment as an inpatient for nearly 65 days and underwent one surgery. 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 solely due to the rash and negligent driving on the part of the driver of the tempo traveller.

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.3,06,750.00/- under various heads as follows :- Page3 of 7 Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Disability 32% (32 x Rs.4000) Rs.1,28,000/-

¶2Attender Charges Rs. 22,750/-

¶3Loss of amenities Rs.40,000/-

¶4Towards pain and sufferings Rs.40,000/-

¶5Towards Extra Nourishment and Transportation Rs.15,000/-

¶6Damages to clothes Rs.1,000/-

¶7Loss of income for 6 months (Rs.10,000) Rs.60,000/-Total Rs.3,06,750/-Rounded off to Rs.3,06,800/-

¶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 Ms.N.Lavanya, learned counsel for appellant /claimant and Mr.R.Hari Shankar, learned counsel for 1st respondent and Ms.C.Harini, learned counsel for 2nd respondent.

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

¶8This Court also carefully went through the award passed by the Page4 of 7 Tribunal.

¶9In the case in hand, the claimant sustained a bicondylar fracture and proximal third bone fracture of the left leg and the claimant underwent treatment as an inpatient for 65 days, during which period one surgery was performed. The Medical board assessed the disability at 32% as per the disability certificate marked as Ex.C1.

¶10The Tribunal had adopted the percentage method and fixed a sum of Rs.4,000/-per percentage. This Court is inclined to fix a sum of Rs.5,000/-per percentage. Accordingly, the compensation under the head of disability is calculated as follows :-Disability = Rs.5000x 32 = Rs.1,60,000/-

¶11This Court is inclined to enhance the compensation under the head of Attender Charges to Rs.35,000/-, Pain and Sufferings to Rs.75,000/-, and Extra Nourishment and Transportation to Rs.50,000/-.

¶12Insofar as the loss of income is concerned, the claimant was working as an Assistant Director in the Cinema Industry and therefore, this Page5 of 7 Court is inclined to fix a sum of Rs.13,000/-as the Notional Monthly Income for a period of six months. Accordingly, the loss of income is calculated as follows :-Loss of Income = Rs.13,000/-x 6 = Rs.78,000/-

¶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.1,28,000/-Rs.1,60,000/-

¶2Attender Charges Rs. 22,750/-Rs.35,000/-

¶3Loss of amenities Rs.40,000/-Rs.40,000/-

¶4Towards pain and sufferings Rs.40,000/-Rs.75,000/-

¶5Towards

Extra Nourishment

and Transportation Rs.15,000/-Rs.50,000/-

¶6Damages to clothes Rs.1,000/-Rs.1,000/-

¶7Loss of income for 6 months Rs.60,000/-Rs.78,000/-Total Rs.3,06,750/-Rs.4,39,000/-Rounded off to Rs.3,06,800/-Rs.4,39,000/-

¶14The compensation awarded by the Tribunal at Rs.3,06,800/- is enhanced to Rs.4,39,000/-. The Insurance company is directed to deposit the Page6 of 7 enhanced compensation of Rs.1,32,200/-, 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. 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, (In the III Court of Small Causes, Chennai). CMAoNo.o2696oofo2022 N.ANANDoVENKATESHoJ. RKA CMAoNo.o2696oofo2022 13-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH J. Murugan S/o. Jaganathan, No, 11/584, Dosspuram, Kodambakkam, Chennai - 600 024. ..Appellant(s) Vs 1. M/s. Hotel Saravana Bhavan No. 19, Vadapalani Andavar Kovil Street, Vadapalani, Chennai - 600 026. 2. Future General India Insurance Co.Ltd Flat No. 55, 3rd Floor, Vijayaragava Road, T, Nagar, Chennai - 17 ..Respondent(s) Civil Miscellaneous appeal filed under Section 173 of the Motor Accident Claims Tribunal to enhance the award dated 29-11-2021 and made in MACTOP No.13 of 2016 on the file of the Motor Accident Claims Tribunal, (In the III Court of Small Causes, Chennai). For Appellant(s): Ms.N.Lavanya for M/s.M. MALAR For Respondent(s): Mr. R.Harishankar for R1 Ms.C.Harini for M/s.M.B.Gopalan Associates R2