Sankar v. J.Aejas

Judgment This Civil Miscellaneous Appeal has been filed by the claimant challenging the award passed by the Motor Accident Claims Tribunal III Small Causes Court, Chennai in MCOP No.4963 of 2017 dated 23.08.2021, wherein the claimant is seeking for enhancement of compensation fixed by the Tribunal.

¶2The case of the claimant is that on 20.05.2017, when the claimant was a pedestrian proceeding to cross the road from East to West at Perambur Barracks Road, at about 15.00 hours, the offending vehicle, which is a two wheeler was driven in a rash and negligent manner and had hit the claimant. As a result of which, the claimant sustained several injuries and undergone treatment as an in patient for nearly 9 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 a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the two wheeler. Page3 of 7

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs..1,40,977/- (rounded off to Rs.1,41,000/-) under various heads as follows :- Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Attender charges Rs. 3150/-

¶2Towards pain and sufferings Rs.10,000/-

¶3Towards extra Nourishment and transport Rs.10,000/-

¶4Disability 13% @ Rs.5,000/-per percentage Rs.65,000/-

¶5Loss of amenities Rs. 10,000/-

¶6Damages to clothes Rs. 1,000/-

¶7Medical bills Rs. 41,827/-Total Rs.1,40,977/-Rounded off to Rs.1,41,000/-

¶6The 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.

¶7Heard Mr.K.Varadhakamaraj, learned counsel for appellant and Mr.P.Suresh Srinivasan, learned counsel for 2nd respondent. Page4 of 7

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

¶9This Court also carefully went through the award passed by the Tribunal.

¶10The main ground that was raised is that the tribunal had only fixed Rs.5,000/- per percentage for an accident which took place in the year 2017. The other ground is that the Tribunal took into consideration the fact that the claimant underwent treatment as an inpatient for nearly 9 days and fixed compensation under the other heads, which is on the lower side.

¶11The claimant in this case had sustained injuries during the accident and the same was assessed by the Medical board and a disability certificate Ex.C1 came to be marked before the Tribunal. The permanent disability was fixed at 13%. The claimant was a Grade I police working in CBCID Branch Chennai. The claimant was undergoing treatment as an inpatient for nearly 9 days. The accident had taken place in the year 2017. Page5 of 7

¶12In view of the above, this Court is inclined to fix Rs.7,000/- per percentage. Thus, the compensation under the head of disability is enhanced to Rs.91,000/- (13 x 7000/-).

¶13The compensation under the head of pain and suffering is enhanced to Rs.20,000/-and the compensation under the head of Attender Charges is enhanced to Rs.10,000/- The compensation granted under the other heads are reasonable and it does not require the interference of this Court.

¶14In 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.)

¶1Attender charges Rs.3150/-Rs.10,000/-

¶2Towards pain and sufferings Rs.10,000/-Rs.20,000/-

¶3Towards

extra Nourishment

and transport Rs.10,000/-Rs.10,000/-

¶4Disability 13% Rs.65,000/-Rs.91,000/-

¶5Loss of amenities Rs.10,000/-Rs.10,000/-

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

¶7Medical bills Rs.41,827/- Rs.41,827/- Total Rs.1,40,977/- Rs.1,83,827/- Rounded off to Rs.1,41,000/- Rs.1,83,900/- Page6 of 7

¶15The compensation awarded by the Tribunal at Rs.1,41,000/- is enhanced to Rs.1,83,900/-. 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 four (4) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation of Rs.42,900/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay of 205 days as was ordered by this Court in C.M.P.No.22761 of 2022 dated 15.02.2023. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. Already the Tribunal has ordered for pay and recover and the said liberty is sustained.

¶16In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order RKA Page7 of 7 N.ANAND VENKATESH J. RKA To Motor Accident Claims Tribunal (III Small Causes Court), Chennai. 30-06-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Sankar S/O. Mathaiyan, No.D4, Ottery Police Quarters, Ottery, Chennai - 600012. ..Appellant(s) Vs 1. J.Aejas S/O. Jaffar, No.55, Thiruvenkatasamy Street, Pulianthope, Chennai - 600012. 2. Reliance General Insurance Co. Ltd No.6, 4th Floor, Haddows Road, Nungambakkam, Chennai - 600006. ..Respondent(s) To allow this appeal and be pleased to enhance the amount awarded in MCOP No.4963 of 2017 dated 23-08-2021 on the file of Motor Accident Claims Tribunal (III Small Causes Court), Chennai. For Appellant(s): Mr.K.Varadhakamaraj For Respondent(s): Mr.P.Suresh Srinivasan S.P.Mano Bharth P.Stephenraj-ms/1285/2016 For R2 Page2 of 7