CMA No. 1184 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1184 of 2022 1. Reji K John S/o John Kohsy, No.7, Bismillah Selvarathan St, Chetpet, Chennai 600 031 Appellant(s) Vs 1. K.Richard No.1, Fathima Nagar, Valsaravakkam, Chennai 87 2.Shiram General Insurance Co. Ltd No.5, ramachandran St, Seevaram, Perungudi, Chennai 96 Respondent(s) CMA No. 1184 of 2022 PRAYER To set aside the fair and decretal order passed in MCOP.No.6510 of 2016 dated 20.03.2020 passed by the Learned Special Judge No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai(MACT) and allow the above CMA. https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 CMA No. 1184 of 2022 For Appellant(s): S. Parthasarathy For Respondent(s): Ms.V.Pushpa For R2 R1 - Tapal Not Yet Returned Either Served Or Unserved JUDGEMENT This Civil Miscellaneous Appeal has been filed to set aside the fair and decretal order passed in MCOP.No.6510 of 2016 dated 20.03.2020 passed by the Learned Special Judge No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai(MACT) (in short ''tribunal''). 2.The brief facts of the case: On 07.09.2016 at about 11.30 hours, while the claimant and others were travelled in Tempo Traveller Bearing registration No. TN 22 BF 6903 from Chennai to Vellankanni at Pondy to Tindivanam NH Road, Near Thuruvai Village Junction, the driver of the above vehicle drove the vehicle in a rash and negligent manner and dashed against the center median and capsized the vehicle. Due to the said accident the claimant and others sustained grevious injuries. Thereafter, the claimant and others filed the petition before the tribunal claiming compensation. The respondent Insurance Company alone contested the https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 case by filing counter. On considering the oral and documentary evidence, the tribunal awarded a sum of Rs.60,200/- to the claimant. Challenging the quantum of compensation the claimant preferred this appeal. 3. The learned counsel for the appellant submits that due to the accident the claimant sustained polytrauman, SDH Left Tempre – Periental Region(Resolving), Fracture Lateral Wall & Floor of left orbit, Fracture ribs III & IV, D3, D4 wedge compression fracture & multiple injuries but the tribunal awarded compensation for the ailment suffered in the accident. Further, the claimant produced the discharge summary, which shows that the claimant admitted in the hospital from 08.09.2016 to 13.09.2016. Thereby, near about he was admitted in the hospital for six days. Hence, he prays to enhance the compensation. 4. The learned counsel for the contesting respondent submits that the tribunal has rightly awarded compensation which needs no interference. Hence, he prays to dismiss this petition. 5. Considering the facts and circumstances of the case the claimant has sustained grevious injuries all over the body and his bones also fractured and he https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 had taken inpatient treatment for six days. Hence, this Court arrive 25% disability for the claimant and award Rs.5,000/- per percentage. Accordingly, the claimant is entitled to Rs.1,25,000/-. Further, the claimant submitted medical bills for Rs.68,000/-. Hence, this Court is inclined to award a sum of Rs.68,000 towards Medical bills. Except above, the tribunal has rightly awarded compensation under other heads, which needs no interference. S. No . Heads Compensation awarded by the tribunal Compensation awarded by this Court 1. Disability Nil Rs.1,25,000/- 2. Medical Expenses Rs.26,688/- Rs.68,000/- 3. Pain and sufferings Rs.20,000/- Rs.20,000/- 4. Transportation charges Rs.2,000/- Rs.2,000/- 5. Nutrition expenses Rs.10,000/- Rs.10,000/- 6. Attender charges Rs.1,500/- Rs.1,500/- Total Rs.60,200/- Rs.2,26,500/- 6. As discussed above, the claimant/appellant herein is entitled to Rs.2,26,500/-. The second respondent herein is directed to deposit the said amount to the credit of MCOP.No.6510 of 2016 dated 20.03.2020 on the file of the Special Judge No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai(MACT) with the interest of 7.5% per annum from the date of petition https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 till payment within a period of eight weeks from the date of receipt of a copy of this judgment. If any amount was deposited before the tribunal, the respondent shall deposit the remaining amount after deducting the deposited amount. On such deposit, the claimant is permitted to withdraw the said amount by filing appropriate application before the tribunal. 7. With the above directions, this Civil Miscellaneous appeal is partly allowed. No Costs. Pending petition(s), if any, is/are closed. 04-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 CMA No. 1184 of 2022 To 1.K.Richard No.1, Fathima Nagar, Valsaravakkam, Chennai 87 2.Shiram General Insurance Co. Ltd No.5, ramachandran St, Seevaram, Perungudi, Chennai 96 3. The Section Officer, V.R Section, High Court Madras. 4. The Special Judge No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai(MACT). https://www.mhc.tn.gov.in/judis CMA No. 1184 of 2022 T.V.THAMILSELVI J. pbl CMA No. 1184 of 2022 04-07-2025 https://www.mhc.tn.gov.in/judis