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2025 Supreme(Online)(Mad) 64543
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
S.Thanigaivel – Appellant
Versus
N.Porkodi – Respondent
CMA No. 1785 of 2025
For the Appellants/Petitioners: Ms.A.Deepa
For the Respondents: Ms.I.Malar
Compensation in injury claims must accurately reflect loss of income and adjusted living expenses to ensure fairness.
Headnote:(A) Motor Vehicles Act, 1988 - Compensation claims - The compensation awarded by Motor Accident Claims Tribunal was enhanced based on the evidence of the claimant’s income and degree of disability, adjusting figures and correcting calculations in awards dated 10.07.2025. (Paras 2, 4, 5, 6)
(B) Disability and Income - Determination of loss of income and disability must reflect the realities of the claimant’s situation, including cost of living adjustments and actual earnings, to ensure fair compensation. (Paras 5, 6)
Facts of the case:
The claimant, who sustained grievous injuries in a motorcycle accident due to negligent driving, challenged the initial compensation awarded by the tribunal, arguing it was insufficient considering his real income and required expenses.
Findings of Court:
The Court found merit in enhancing the compensation for loss of income to reflect appropriate income levels and expenses for disability and nourishment adjustments.
Issues: The primary issue centered around the adequacy of compensation awarded regarding loss of income and necessary expenses post-injury.
Ratio Decidendi: The court emphasized that compensation must be proportionate to not only the income lost but also additional incurred costs due to disability and trauma.
Result: The compensation awarded by the Tribunal is enhanced to Rs. 2,18,300/- with interest.
| Table of Content |
|---|
| 1. claimant's premises for appeal concerning prior compensation amounts. (Para 2 , 3) |
| 2. arguments on the adequacy of compensation and adjustments. (Para 4 , 5) |
| 3. court's directive to revise compensation to reflect actual losses. (Para 6 , 7) |
| 4. final ruling affirming the adjusted compensation amount. (Para 8) |
T.V.THAMILSELVI, J.
This matter was taken up for hearing under the caption “For Being Mentioned” today at the instance of the learned counsel for the appellant.
2. The learned counsel for appellant would submit that this Court by Judgment dated 10.07.2025 partly allowed the above Civil Miscellaneous Appeal. However, he would submit that this court enhanced compensation towards loss of income from Rs.12,000/- for one month to Rs.15,000/- for six months, but it was not added in the calculation column. Hence, he prayed to modify the calculation column and requested to issue fresh order copy. Accordingly, the matter has been listed today.
3. Heard the contentions of learned counsel for appellant and perused the order.
4.Considering his submissions, Registry is directed to substitute calculation column in para 6 and para 7 of judgment as follows:-
S.No
Compensation awarded under the head
Amount awarded by Tribunal (in Rs.)
Amount (in Rs.)
Award confirmed or granted or enhanced
1.
Pain and sufferings
25,000
25,000
confirmed
2.
Loss of income
12,000
90,000
enhanced
3.
Medical expenses
11,281
11,281
confirmed
4.
Transportation expenses
5,000
5,000
confirmed
5.
Extra nourishment
5,000
10,000
enhanced
6.
Attender charges
2,500
5,000
enhanced
7.
Damages to cloths and article
2,000
2,000
confirmed
8.
Loss of amenities
25,000
25,000
confirmed
9.
For permanent disability (10% x Rs.9000)
50,000
90,000
enhanced
Total
1,37,781
2,63,281
enhanced
Rounded off
2,63,290
7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.2,63,290/-. 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 MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of 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 deposited before the tribunal.”
5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1785 of 2025 dated 10.07.2025 and issue fresh order copy to the appellant.
18.08.2025 rpp T.V.THAMILSELVI, J.
rpp
18.08.2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1785 of 2025
1. S.Thanigaivel S/o. Subramani, No. 75, Anna Salai, Erukanchery, Kodungaiyur, Chennai-
18.
Appellant(s)
Vs
1. N.Porkodi W/o. Nagarajan, No. 163, Sarma Nagar, 1st Main Road, Vyasarpadi, Chennai-39.
2.United India Insurance Company Limited No. 134, Greams Road, IV Floor, Anna Sali, Chennai-600 006.
Respondent(s)
CMA No. 1785 of 2025 PRAYER To enhance the award dated 21-02-2024 and made in MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai ) and thus render justice For Appellant(s): Ms.A.Deepa For Respondent(s): Ms.I.Malar For R2
JUDGEMENT
This Civil Miscellaneous Appeal has been filed to enhance the award dated 21-02-2024 and made in MACTOP.No.3792/2021 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai).
2. On 05.04.2021 at about 13.30 hours the claimant was riding a motorcycle bearing registration No. TN 05 CC 4280 from South to North direction at Kodungaiyur Muthamil Nagar, North Avenue Road, at that time a motorcycle bearing registration No. TN 05 B
