S.DIVYA vs THE MANAGING DIRECTOR
- Court
- Madras High Court
CMA No. 2005 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 2005 of 2024
CNR: {HCMA010848352024}
S.Divya
..Appellant(s)
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Regional Office Dharmapuri District,
No.12, Ramakrishna Road,
Salem-7.
..Respondent(s)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award dated 11.11.2022 made in
M.C.O.P.No.432 of 2021 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Court, Dharmapuri.
For Appellant(s): Mr.D.Rameshkumar
For Respondent(s): Mr.D.Nitin
J U D G M E N T
The appellant/claimant has filed this Civil Miscellaneous Appeal seeking
enhancement of compensation awarded by the Motor Accident Claims Tribunal,
Special Sub-ordinate Court, Dharmapuri, in M.C.O.P.No.432 of 2021, vide
award dated 11.11.2022.
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CMA No. 2005 of 2024
2. According to the claimant, on 03.04.2021 at about 11.15 a.m., when
the appellant/claimant was riding her bicycle in Palacode to Hosur road, near
Kodiyur bus stand, a bus bearing Reg.No.TN 29 N 2733 belonging to the
respondent Transport Corporation came from back side and was driven by its
driver in a rash and negligent manner and dashed against the claimant, due to
which, she sustained grievous injuries all over the body.
3. The respondent/Transport Corporation has filed a counter statement
denying the manner of accident.
4. On behalf of the claimant, the claimant herself was examined as P.W.1
and Ex.P1 to Ex.P15 were marked and on the side of the respondent, no witness
was examined and no document was marked.
6. On appreciation of evidence adduced on either side, the Tribunal held
that the accident occurred due to rash and negligent driving of the driver of the
respondent Transport Corporation. With regard to the quantum of
compensation, the claimant has appeared before the Medical Board and the
Medical Board has assessed 5% of disability and issued Disability Certificate
which was marked as Ex.P5. Considering the date of accident, the Tribunal has
fixed a sum of Rs.5,000/- for each percentage of disability and thereby, a sum of
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CMA No. 2005 of 2024
Rs.25,000/- was awarded under the head of disability and the following
compensation was also awarded by the Tribunal under various heads:-
Sl.No. Heads Amount
1 Disability Rs.25,000/-
2 Pain and suffering Rs.10,000/-
3 Nourishment Rs.5,000/-
4 Medical Bills Rs.23,097/-
5 Transport charges Rs.5,000/-
6 Attender charges Rs.5,000/-
7 Loss on clothing Rs.1,000/-
Total Rs.74,097/-
7. Aggrieved over the same, the claimant/appellant has preferred this
Civil Miscellaneous Appeal seeking enhancement of compensation.
8. The learned counsel appearing for the appellant/claimant would submit
that the accident took place in the year 2021, however, a sum of Rs.5,000/- was
fixed for each percentage of disability which appears to be meager and the same
has to be enhanced. The compensation awarded by the Tribunal under the other
heads, namely, pain and suffering, extra-nourishment and attender charges is
also very meager and the same has to be enhanced.
9. Per contra, the learned counsel appearing for the respondent/Transport
Corporation would submit that on appreciation of evidence adduced on either
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CMA No. 2005 of 2024
side, considering the nature of injuries sustained by the claimant, the Tribunal
has rightly fixed a sum of Rs.5,000/- for each percentage of disability and the
compensation awarded under the other heads is also proper and reasonable
which does not require any interference by this Court.
10. This Court considered the rival submissions made on either side and
perused the materials available on record.
11. There is no dispute with regard to the manner of accident and the
negligence fixed on the part of the driver of the respondent Transport
Corporation. The grievance of the appellant is with regard to the quantum of
compensation awarded by the Tribunal. It is relevant to note that at the time of
accident, the appellant was aged about 17 years and she was a student. In order
to assess the disability, the appellant has appeared before the Medical Board and
the Medical Board has also assessed the disability of the appellant as 5% and
issued Disability Certificate which was marked as Ex.P15. In Ex.P15/Disability
Certificate, there is no mention about functional disability by the Medical Board
and in the absence of functional disability, the Tribunal has adopted the
percentage method and awarded compensation under the head of disability. It is
relevant to note that the accident took place in the year 2021 and fixing a sum of
Rs.5,000/- for each percentage of disability appears to be meager. Hence,
considering the cost of inflation at the time of accident, this Court is inclined to
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CMA No. 2005 of 2024
fix a sum of Rs.9,000/- for each percentage of disability and thereby, a sum of
Rs.45,000/- (Rs.9,000/- * 5%) is awarded under the head of disability. The
compensation awarded under the heads of pain and sufferings and nourishment
also appears to be meager and the same is enhanced to Rs.25,000/- and
Rs.10,000/-. The compensation awarded under the other heads, namely, medical
bills, transport charges, attender charges and loss on clothing appears to be just
and proper and it does not require any interference by this Court. Accordingly,
the compensation awarded by the Tribunal is modified as hereunder:-
S.No Head of
Compensation
Amount
awarded by
the Tribunal
Amount
awarded by
this Court
(Rs)
(Rs)
1. Disability Rs.25,000/- Rs.45,000/-
2. Pain and suffering Rs.10,000/- Rs.25,000/-
3. Nourishment Rs.5,000/- Rs.10,000/-
4. Medical bills Rs.23,097/- Rs.23,097/-
5. Transport charges Rs.5,000/- Rs.5,000/-
6. Attender charges Rs.5,000/- Rs.5,000/-
7 Loss on clothing Rs.1,000/- Rs.1,000/-
Total Rs.74,097/- Rs.1,14,097/-
12. In the result, this Civil Miscellaneous Appeal is allowed in part and
the compensation awarded by the Tribunal at Rs.74,097/- is hereby enhanced to
Rs.1,14,097/- together with interest @ 7.5% per annum from the date of filing
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CMA No. 2005 of 2024
of claim petition till the date of deposit. The respondent/Transport Corporation
is directed to deposit the entire award amount now determined by this Court
along with interest and costs, less the amount already deposited, if any, within a
period of six weeks from the date of receipt of a copy of this judgment, to the
credit of M.C.O.P.No.432 of 2021 on the file of the Motor Accident Claims
Tribunal, Special Subordinate Court, Dharmapuri. On such deposit, the
appellant is permitted to withdraw the award amount now determined by this
Court, along with interest and costs, less the amount, if any, already withdrawn,
by making proper application before the Tribunal. However, it is made clear
that the appellant is not entitled for interest for the period of delay of 446 days
as was ordered by this Court in C.M.P.No.10734 of 2024 vide order dated
09.07.2024. The appellant is directed to pay the necessary Court fee, if any, on
the enhanced compensation. The other directions issued by the Tribunal with
regard to the mode of payment of compensation remains unaltered. The manner
and mode of disbursement of compensation shall be as per the order of the
Tribunal. There shall be no order as to costs.
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
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CMA No. 2005 of 2024
To
1. The Motor Accident Claims Tribunal, Special Subordinate Court,
Dharmapuri.
2.The Section Officer,
V.R. Section,
High Court,
Chennai.
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CMA No. 2005 of 2024
M.JOTHIRAMAN, J.
ssb
CMA No. 2005 of 2024
10-11-2026
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