Madras High Court
Thomas Peter vs B. Srinivasan on 28 August, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 1946 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CMA No. 1946 of 2025
1. Thomas Peter
S/o. Stephen Sagayaraj, No.18, 7th
Cross street, Anna Indira Nagar,
Ariankuppam Commune Panchayat,
Ariyankuppam, Pondicherry-605 007
Appellant(s)
Vs
1. B. Srinivasan
S/o. RBalakrishnan, No.40/8, Pazhaya
Kataithotti Street, Chennai-600 005
2.M/s.United India Insurance co.Ltd.,
No.134, 4th Floor, Greams Road, Anna
Salai, Chennai-600 006
Respondent(s)
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CMA No. 1946 of 2025
PRAYER
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,
1988, prays to enhance the award dated 07-01-2025 and made in
MACTOP.No.588/2020 on the file of the Motor Accident Claims Tribunal,
(Special Sub Court No.1, Motor Accidents Claims petitions) Small Causes
Court, Chennai.
For Appellant(s): Ms.A. Deepa
For Respondent(s): Mr.T.K. Premkumar For R2
R1 - Noitce Dispensed With
JUDGMENT
The appellant has filed this appeal praying to enhance the compensation awarded in MACTOP.No.588/2020 on the file of the Motor Accident Claims Tribunal, (Special Sub Court No.1, Motor Accidents Claims petitions) Small Causes Court, Chennai, dated 07.01.2025.
2. The brief facts of the case of the appellant/claimant are as follows:
On 24.01.2020 at about 17.30 hours, while the petitioner was riding in the motorcycle bearing Reg.No.TN-22-F-4297 proceeding from North to South at GM.Pettai Road, infront of Coast Guard Housing board gate, Royapuram, Chennai, at that time the motorcycle bearing Reg.No.TN-07-BZ-3161 riding its rider, riding in a very rash and negligence manner and endangering the public https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm ) CMA No. 1946 of 2025 safety came and hit the motorcycle and the petitioner. Due to the accident the petitioner sustained grievous injuries. The accident occurred only due to the rash and negligent manner of the motorcycle bearing Reg.No.TN-07-BZ-3161 rider. The first respondent is the owner of the motorcycle and the second respondent as an insurer of the offending vehicle.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.1,61,500/- as compensation, directing the 2nd respondent to pay the said amount to the appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, at the first instance with the liberty to recover the same from the 1st respondent.
4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (claimant) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
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5. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is not commensurate with the injuries sustained by the claimant. He, therefore, prayed for enhancement of compensation.
6. On the other hand, the learned counsel appearing for the second respondent contended that the award passed by the Tribunal is based on well- settled principles of law applicable at the time of the order, and therefore, it need not be interfered.
7. The Medical Board assessed his partial permanent disability at 9%. The Tribunal did not find any functional disability, and therefore, awarded compensation at the rate of Rs.5,000/- per percentage of disability. However, considering the claimant’s age (24 years at the time of accident) and the nature of injuries sustained, it would be appropriate to enhance the compensation to Rs.9,000/- per percentage. Accordingly, a sum of Rs.81,000/- (Rs.9,000 x 9%) is awarded towards partial permanent disability. https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm ) CMA No. 1946 of 2025
8. The claimant is working as a Computer Operator, DTP Center and earning Rs.15,000/- per month. However, the appellant has not produced any document to prove his income. Considering the nature of employment and the absence of documentary proof, this Court is of the opinion that fixing the notional monthly income of the injured at Rs.15,000/- would meet the ends of justice. Due to the accident, the appellant would have been unable to attend to his regular work for at least three months. Therefore, a sum of Rs.45,000/- (Rs.15,000 x 3 months) is awarded towards loss of income during the period of treatment and recovery. Additionally, the amount awarded by the Tribunal under the heads of pain and sufferings, Transportation, Extra nourishment, Attender Charges and Loss of amenities are also enhanced to Rs.50,000/-, Rs.10,000/-, Rs.15,000, Rs.5,000/- and Rs.15,000/- respectively. The compensation awarded under the other heads by the Tribunal is confirmed.
9. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads:
Sl. Heads Amount (in Rs.) Amount (in Rs.)
No awarded by the awarded by the
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CMA No. 1946 of 2025
Tribunal High Court
1. Disability 63,000 81,000
2. Pain and suffering 30,000 50,000
3. Transportation 4,000 10,000
4. Medical expenses 19,377 19,377
5. Extra nourishment 10,000 15,000
6. Attender charges 900 5,000
7. Loss of earnings 24,000 45,000
8. Loss of amenities 10,000 15,000
Total 1,61,277 2,40,377
Rounded off 1,61,500 2,40,500
Thus, the compensation awarded by the Tribunal is enhanced from Rs.1,61,500/- to Rs.2,40,500/-, which shall carry interest at the rate of 7.5% per annum.
10. In the result:
i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.
ii. The compensation awarded by the Tribunal is enhanced from Rs.1,61,500/- to Rs.2,40,500/-.
iii. The appellant/claimant is directed to pay the Court fee for the https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm ) CMA No. 1946 of 2025 enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee.
iv. The 2nd respondent, United India Insurance Co.Ltd., Chennai, is directed to deposit the enhanced compensation amount, i.e., Rs.2,40,500/- (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of realization, to the credit of M.C.O.P. No. 588 of 2020 on the file of the Motor Accident Claims Tribunal, (Special Sub Court No.1, Motor Accidents Claims petitions) Small Causes Court, Chennai, within a period of eight weeks from the date of receipt or uploading of a copy of this order, in the first instance. Thereafter, the Insurance Company is at liberty to recover the same from the owner of the st vehicle / 1 respondent, under the same cause of action.
v. On such deposit being made, the appellant/claimant is at liberty to withdraw the same, as per the apportionment fixed by the Tribunal, after following due process of law.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm ) CMA No. 1946 of 2025 vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal.
28-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm ) CMA No. 1946 of 2025 To
1.The Motor Accident Claims Tribunal, (Special Sub Court No.1, Motor Accidents Claims petitions) Small Causes Court, Chennai.
2.The United India Insurance Co.Ltd., No.134, 4th Floor, Greams Road, Anna Salai, Chennai-600 006
3.The Section Officer, VR-Section, High Court of Madras.
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rri CMA No. 1946 of 2025 28-08-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 08:16:12 pm )