CMA No. 186 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 186 of 2025 1. G. Gandhi S/o. Govindasamy, Om Sakthi Nagar, Periya Vinjiambakkam, Pareri, Singaperumal Koil, Kancheepuram District. Appellant(s) Vs 1. Bosch Electrical Drives India Private Limited No.2, Nellikuppam Road, Pandoor, Guduvanchery, Kancheepuram District. 2.Bajaj Allianz General Insurance Co. Ltd Old No.276-277, New No.497-498, Poonamallee High Road, Arumbakkam, Chennai - 106. Respondent(s) CMA No. 186 of 2025 https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 PRAYER To allow the CMA by enhancing the compensation awarded in the Judgment and Decree, dated 22.10.2024, passed in MCOP No.1937 of 2015, on the file of the Motor Accident Claims Tribunal, Chennai ( II Special Court, Small Causes Court, chennai) CMA No. 186 of 2025 For Appellant(s): Mr.K.Balaji For Respondent(s): Mr S Arun Kumar For R2 R1 - Insufficient Address JUDGEMENT This Civil Miscellaneous Appeal has been filed to enahance the ompensation awarded in the Judgment and Decree, dated 22.10.2024, passed in MCOP No.1937 of 2015, on the file of the Motor Accident Claims Tribunal, Chennai ( II Special Court, Small Causes Court, chennai(in short ''tribunal''). 2. On 24.12.2014 at about 19.00 hours, when the claimant was standing on the Thiruthari Bus stand the vehicle bearing registration No. TN 19 E 4686 driven by its driver in a rash and negligent manner dashed against the claimant due to which the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before tribunal claiming compensation. The contesting respondent/Insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 Rs.4,37,225/- as compensation. Challenging the quantum of compensation, the claimant filed this appeal. 3. The learned counsel for the claimant submits that the claimant was working as cook in Mahalaksmi Catering service earned Rs.15,000/- per month but the tribunal has fixed only Rs.9,000/- as notional income of the claimant. Hence, he prays to enhance the compensation. 4. The learned counsel for the respondent submits that based on the Ex.P12/salary certificate the tribunal has rightly fixed notional income. Hence, he prays to dismiss this petition. 5. Considering the fact that the the claimant was worked as assistant cook in Mahalakshmi Catering Services. According to the claimant, though he produced Ex.P12/salary certificate and examined P.W.2, who is the owner of the Mahalakshmi catering Services, the tribunal has awarded only Rs.9,000/- as notional income of the claimant. The accident was happened in the year 2014 and also considering the cost of living at the time of the accident, this Court is inclined to fix Rs.15,000/- as notional income of the claimant. The claimant has sustained 30% disability. Accordingly, the claimant is entitled to Rs.6,53,400/- https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 (16500x12x11x30/100) under the head of disability. Further, the petitioner has sustained grevious injuries. Hence, this Court is inclined to enhance the amount awarded under the head of pain and suffering from Rs.15,000/- to Rs.30,000/-. Except above modification, the awarded passed by tribunal in other heads remain unchanged. 6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No. Head Compensation awarded by the Tribunal Compensation awarded by this Court 1. Pain and sufferings Rs.15,000/- Rs.30,000/- 2. Loss of Income Nil Nil 3. Medical Expenses Rs.5,185/- Rs.5,185/- 4. Transportation expenses Rs.8,000/- Rs.8,000/- 5. Extra Nourishment Rs.7,000/- Rs.7,000/- 6. Attender charges Rs.10,000/- Rs.10,000/- 7. Damages to cloths and article Nil Nil 8. Lost of amenities Nil Nil 9. For permanent disability Rs.3,92,040/- Rs.6,53,400/- 10 Total Rs.4,37,225/- Rs.7,13,585/- Rounded Off to Rs.7,13,600/- 7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.7,13,600/-. The 2 nd respondent is directed to https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No.1937 of 2015, on the file of the Motor Accident Claims Tribunal, Chennai ( II Special Court, Small Causes Court, chennai) , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 18-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 CMA No. 186 of 2025 To 1.Bosch Electrical Drives India Private Limited No.2, Nellikuppam Road, Pandoor, Guduvanchery, Kancheepuram District. 2.Bajaj Allianz General Insurance Co. Ltd Old No.276-277, New No.497-498, Poonamallee High Road, Arumbakkam, Chennai – 106. 3. The Section Officer, V.R Section, High Court, Madras. 4. The Motor Accident Claims Tribunal, Chennai ( II Special Court, Small Causes Court, chennai) https://www.mhc.tn.gov.in/judis CMA No. 186 of 2025 T.V.THAMILSELVI J. pbl CMA No. 186 of 2025 18-07-2025 https://www.mhc.tn.gov.in/judis