CMA No. 877 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 877 of 2024 1. Jayapriya D/o. Janarthanan, No.20, Thirumalai Nagar, Manachery Entrance, Kunrathur, Chennai 69. Appellant(s) Vs 1. A. Bahurudeen No.36, Mottai Karan Street, Mannady, Chennai 1. 2.National Insurance Co.Ltd., Motor third Party Claims Office, No.751, Anna Salai, Chennai 2. Respondent(s) CMA No. 877 of 2024 PRAYER To allow the present appeal award enhanced compensation in Judgement and decree dated 19.10.2022 in MCOP No.7324/2015 on the file of the Motor Accidents claims Tribunal, III Judge Small Causes, Chennai. CMA No. 877 of 2024 For Appellant(s): Mr.R.Nalliyappan https://www.mhc.tn.gov.in/judis CMA No. 877 of 2024 For Respondent(s): Mrs.R.Sree Vidhya For R2 R1 - Exparte JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation in Judgement and decree dated 19.10.2022 in MCOP No.7324/2015 on the file of the Motor Accidents claims Tribunal, III Judge Small Causes, Chennai. 2. On 08.09.2015 at about 03.40 hours when the claimant was travelling as pillion rider in the motorcycle bearing registration No. TN 20 CY 0372 along the Guindy Anna Salai in front of HP Petrol Bunk from North to South directions, at the time the load auto bearing registration No. TN 04 AB 2062 came in a rash and negligent manner dashed against the said motorcycle due to which the claimant sustained grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The Second respondent insurance company contested the case by filing Counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the quantum of compensation, the claimant filed this appeal. https://www.mhc.tn.gov.in/judis CMA No. 877 of 2024 3. The learned counsel for the appellant submits that the appellant has sustained grevious injuries but the tribunal has not awarded under the head of disability and also in other heads the tribunal awarded very less amount. Hence, he prays to enhance the compensation. 4. The learned counsel for the second respondent submits that the tribunal has rightly awarded compensation which needs no interference. Hence, he prays to dismiss this appeal. 5. Considering the facts of the case and also the injuries sustained by the claimant, this Court is inclined to fix 10% disability and also award Rs.5,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.50,000/- under the head of disability. Except above modification, this Court is not inclined to enhance compensation in other heads. 6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- https://www.mhc.tn.gov.in/judis CMA No. 877 of 2024 S.No. Head Compensation awarded by the Tribunal Compensation awarded by this Court 1. Pain and sufferings Rs.30,000/- Rs.30,000/- 2. Loss of Income Rs.19,000/- Rs.19,000/- 3. Medical Expenses Rs.1,80,515/- Rs.1, 80,515/- 4. Transportation expenses Rs.4,000/- Rs.4,000/- 5. Extra Nourishment Rs.10,000/- Rs.10,000/- 6. Attender charges Rs.5,100/- Rs.5,100/- 7. Damages to cloths and article Rs.1,000/- Rs.1,000/- 8. Lost of amenities Nil Nil 9. For permanent disability Nil Rs.50,000/- 10 Total Rs. 2,49,615/- Rs.2,99,615/- Rounded off to Rs.2,99,600/- 7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.2,99,600/-. The 2nd respondent is directed to 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.7328/2015 on the file of the Motor Accidents claims Tribunal, III Judge Small Causes, 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 https://www.mhc.tn.gov.in/judis CMA No. 877 of 2024 deposited before the tribunal. 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 10-07-2025 Pbl To 1. The Motor Accidents claims Tribunal, III Judge Small Causes, Chennai. The Section officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 877 of 2024 T.V.THAMILSELVI J. pbl CMA NO. 877 OF 2024 10-07-2025 https://www.mhc.tn.gov.in/judis