CMA No. 1145 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1145 of 2025 1. T.Harikrishnan S/o. Late Thulasingam, No. 495, 1st Street, Indirapuri, S.Kolathur, Kovilambakkam, Chennai 600 117. Appellant(s) Vs 1. S.Senthilkumar S/o. Senthamarai Kannan, No. 11/26, I Thomodharan Nagar, Kadaperi, Tambaram, Chennai 600045 (1st Respondent remained ex-parte) 2.Magma HDI General Insurance Co. Ltd New No. 17-19, Old No. 103, B Block, 3A, 3rd Floor, Navins Presidium, Nelson Manickam Road, Chennai 600 029. Respondent(s) For Appellant(s): Mr.N.M.Muthurajan https://www.mhc.tn.gov.in/judis CMA No. 1145 of 2025 For Respondent(s): Mrs.R.Sree Vidhya T For R2 R1 - Notice Dispensed With PRAYER: This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, against the judgement and decree dated 31.08.2023 made in MACT OP No. 4603 of 2019 on the file of the IV Small Causes Court, (Motor Accidents Claims Tribunal) Chennai. JUDGEMENT This Civil Miscellaneous Appeal has been filed against the judgement and decree dated 31.08.2023 made in MACT OP No. 4603 of 2019 on the file fo the IV Small Causes Court, (Motor Accidents Claims Tribunal) Chennai. 2. On 12.02.2019 at about 01.30 hours, the claimants were travelling as passenger in Auto Rickshaw bearing registration No. TN 11 AF 9642 from West Tambaram to S. Kolathur along 200 feet radial Road. While the said Auto Rickshaw was proceeding near Vel's College Bus stop, the driver of the auto rickshaw driver the auto in a rash and negligent manner and capsized the auto, due to which the claimant sustained grievous injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The second respondent contested the case by filing counter. After considering the oral and https://www.mhc.tn.gov.in/judis CMA No. 1145 of 2025 documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation, the claimant filed this appeal. 3. The learned counsel for the appellant/claimant submits that due to the said accident the claimant sustained grievous injuries all over the body and the medical board also assessed 50% permanent and locomotive disablement and the claimant was working as Purchase managr and earning Rs.26,000/- per month, without considering the above, the tribunal awarded only Rs.5,000/- per percentage of disability which is very meagre. Further the claimant produced the pharmacy bill which was not considered by the tribunal. Hence, he prays to enhance the compensation. 4. The learned counsel for the second respondent submits that the tribunal has rightly fixed compensation which needs no interference. Hence, he prays to dismiss this appeal. 5. Considering the facts of the case and also the cost of living at the time of the accident this Court is inclined to fix Rs.8,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.4,00,000/- under the head of disability. Further, accident was happened in the year 2019 but the tribunal https://www.mhc.tn.gov.in/judis CMA No. 1145 of 2025 has fixed very meagre amount in other heads. Hence, this Court is inclined to enhance the compensation awarded under the head of transportation charges, nutrition expenses, damages to clothes and attender charges. The claimant has taken inpatient treatment for 15 days hence this Court is inclined to enhance the award passed under the head of transportation charges from Rs.5,000/- to Rs.10,000/- and Rs.7,000/- to Rs.15,000/- for attender charges. Further, considering the injuries sustained by the claimant he would have spent money for the nuritional expense hence this Court is inclined to enhance the award passed under the head of nutritional expenses from Rs.10,000/- to Rs.15,000/- and also damages to cloths from Rs.2,000/- to Rs.5,000/-. Further, the medical bill produced by the claimant was not considered by the tribunal hence this Court is inclined to fix Rs.48,000/- under the head of medical bills. Except above modification the award passed by the tribunal in other heads remain unchanged. 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. 1145 of 2025 S.No. Head Compensation awarded by the Tribunal Compensation awarded by this Court 1. Pain and sufferings Rs.40,000/- Rs.40,000/- 2. Loss of Income Nil Rs.48,000/- 3. Medical Expenses Nil Rs.48,000/- 4. Transportation expenses Rs.5,000/- Rs.10,000/- 5. Extra Nourishment Rs.10,000/- Rs.15,000/- 6. Attender charges Rs.7,000/- Rs.15,000/- 7. Damages to cloths and article Rs.2,000/- Rs.5,000/- 8. Lost of amenities Rs.25,000/- Rs.25,000/- 9. For permanent disability Rs.2,50,000/- Rs.4,00,000/- 10 Total Rs.5,74,000/- Rs.6,06,000/- 7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.6,06,000/-. The second 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 MACT OP No. 4603 of 2019 on the file fo the IV Small Causes Court, (Motor Accidents Claims Tribunal) 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. https://www.mhc.tn.gov.in/judis CMA No. 1145 of 2025 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 29-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1. The IV Small Causes Court, (Motor Accidents Claims Tribunal) Chennai. 2. The Section Officer, V.R Section, High court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1145 of 2025 T.V.THAMILSELVI J. CMA No. 1145 of 2025 29-07-2025 https://www.mhc.tn.gov.in/judis