IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
Abdul Rahman – Appellant
Versus
G.Ramu – Respondent
Civil Miscellaneous Appeal|M.C.O.P.No.3553 of 2021
| Table of Content |
|---|
| 1. accident incident and claim petition details. (Para 3 , 4 , 5) |
| 2. tribunal found driver negligent. (Para 6) |
| 3. compensation breakdown evaluated. (Para 7 , 8) |
| 4. appellant argues for increased compensation. (Para 9 , 10) |
| 5. respondent argues award is reasonable. (Para 11) |
| 6. court reviews claimant's injuries and age. (Para 12 , 13) |
| 7. court enhances compensation for various expenses. (Para 14 , 15 , 16) |
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the appellant/claimant seeking to enhance the quantum of compensation awarded by the learned II Special Judge, Motor Accident Claims Tribunal (II Special Court of Small Causes), Chennai vide Order dated 08.08.2025 in M.C.O.P.No.3553 of 2021.
2. The brief facts of the case are as follows:
On 24.02.2021, at about 12.30 a.m., while the appellant/claimant was travelling as a passenger in a TNSTC bus bearing Registration No.TN-68- N-0479 moving near Vasuki Rice Mill, Panruti to Chennai NH Road, Pappanapattu Village Boundary, Vikravandi Taluk, the SETC bus bearing Registration No.TN-01-AN-2452 came from opposite direction in a rash and negligent manner, dashed against the TNSTC bus and caused an accident. In the said accident, the appellant/claimant had sustained multiple grievous injuries and fracture all over his body. Therefore, the appellant/claimant had filed a Claim Petition in M.C.O.P.No.3553 of 2021 against the 1st respondent (driver of the SETC bus), 2nd respondent (State Express Transport Corporation), 3rd respondent (driver of the TNSTC bus) and 4th respondent (Tamil Nadu State Transport Corporation), claiming a sum of Rs.10,00,000/- as compensation for the multiple injuries sustained by him in the accident.
3. The 1st respondent (driver of the SETC bus) and 3rd respondent (driver of the TNSTC bus) had remained ex parte before the Tribunal.
4. The 2nd respondent (State Express Transport Corporation) and 4th respondent (Tamil Nadu State Transport Corporation) have filed their respective counter statement denying all the averments made by the appellant/claimant in the Claim Petition.
5. Before the Tribunal, on the side of claimant, appellant/claimant examined himself as P.W.2 and 8 documents were marked as Exs.P14 to 21. On the side of respondents 2 & 4, no witnesses were examined and no exhibits were marked. The Disability Certificate dated 13.05.2022 issued to the appellant/claimant was marked as Ex.C1.
6. On appreciation of the oral and documentary evidence, the Tribunal arrived at the finding that the accident had occurred due to the rash and negligent driving of the 1st respondent (driver of the SETC bus).
7. The Tribunal has awarded a sum of Rs.2,62,000/- as compensation to the appellant/claimant. The break-up details of the compensation awarded by the Tribunal are as follows:
S.No.
Heads
Amount awarded under various Heads
1
Medical Expenses
Rs.1,32,999/-
2
Transport Expenses
Rs.10,000/-
3
Extra Nourishment
Rs.10,000/-
4
Attender Charges
Rs.5,000/-
5
Loss of Income due to permanent disability
Rs.64,000/-
6
Pain and Sufferings
Rs.40,000/-
Total
Rs.2,61,999/-
The Tribunal had rounded off the total compensation of Rs.2,61,999/- to Rs.2,62,000/-.
8. The Tribunal vide Order dated 08.08.2025, partly allowed M.C.O.P.No.3553 of 2021 and directed the 2nd respondent (State Express Transport Corporation) to pay a sum of Rs.2,62,000/- (Rupees Two Lakhs Sixty Two Thousand Only) as compensation to the appellant/claimant, with proportionate cost and interest at 7.5% per annum from the date of claim petition till the date of realization.
9. Now, the appellant/claimant has preferred this Civil Miscellaneous Appeal before this Court, seeking to enhance the quantum of compensation awarded by the Tribunal.
10. Mr.M.Karuppaiah, learned counsel for appellant/claimant submitted that though the appellant/claimant had claimed Rs.10,00,000/- as compensation for the injuries sustained by him in the accident, the Tribunal has awarded only a sum of Rs.2,62,000/- a
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