M/s Shirram General Ins.Co. Ltd., vs M.DEEKSHITHA (MINOR)

CMA No. 3629 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3629 of 2026
and CMP No.29580 of 2026
CNR: {HCMA011192292026}
M/s Shirram General Ins.Co. Ltd.,
Moogambigai Complex,
2nd Floor,
No.4, Lady Desika Road,
Mylapore, Chennai- 600 004.
..Appellant(s)
Vs
1. M.Deekshitha (minor)
D/o Magesh Babu,
New No.11, Old No.6, Arangappan Street,
West Mambalam,
Chennai- 600 033.
(Resopondents is Minor Rep. By Father and NF
Magesh Babu)
2. K.Ariukumar
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to set aside the award passed as against the Award dated
21.11.2025 made in MCOP.No.1979 of 2022 on the file of the Motor Accident
Claims Tribunal, V Court of Small Causes at Chennai.
For Appellant(s): Ms. R. Sree Vidhya
For Respondent(s): Mr. K.Balaji for R1
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CMA No. 3629 of 2026
JUDGMENT
Unsuccessful Insurance Company has preferred this Civil Miscellaneous
Appeal, challenging the quantum of compensation arrived by Tribunal.
2. The claim petition has been filed under Section 166 of the Motor
Vehicles Act, seeking compensation for the injuries sustained by the minor in a
road accident. According to the claimant, the claim petition has been filed by
the father of the minor child. According to the claimant, on 11.04.2022 at about
th
14.30 hours, while the minor was walking at Somasundaram Bharati Nagar 5
street, in front of house No.41/33 Vadapalani, Chennai, at the time the car
bearing Reg. No.TN 01BK 1679 was driven by its driver in a rash and negligent
manner and hit against the minor. Due to the accident, the minor sustained
grievous injuries.
3. The first respondent was called absent and set exparte before the
Tribunal.
nd
4. The 2 respondent therein / Insurance Company has filed a counter
statement denying the manner of accident.
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CMA No. 3629 of 2026
5. Before the Tribunal, on behalf of the claimant, the father of the minor
child was examined as PW1 and Exs.P1 to P9 were marked. Neither any
witness was examined nor any document was marked on the side of the
respondent. The Disability Certificate issued by the Medical Board was marked
as Ex.C1.
6. Upon appreciation of evidence adduced on either side, the Tribunal
concluded that the accident occurred due to the rash and negligent driving of the
driver of the offending vehicle. With regard to quantum of compensation, the
Tribunal has awarded compensation under the heads as tabulated hereunder:
Heads of Compensation Amount awarded
by the Tribunal
(Rs.)
Part disability 3,00,000.00
Pain and Suffering 1,00,000.00
Loss of Income Nil
Medical Expenses Nil
Attendant Charges 20,000.00
Transportation 10,000.00
Loss of Amenities 25,000.00
Extra Nourishment 20,000.00
Marriage Prospectus 3,00,000.00
TOTAL 7,75,000.00
Being aggrieved over the same, the Insurance Company has preferred the
present Civil Miscellaneous Appeal challenging the compensation awarded by
the Tribunal.
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CMA No. 3629 of 2026
7. The learned counsel appearing for the appellant/Insurance Company
would submit that the award of Rs.3,00,000/- towards partial disability is
excessive. The Tribunal mechanically awarding a sum of Rs.3,00,000/- under
the head of marriage prospectus is not proper. The award of Rs.3,00,000/- under
marriage prospectus is speculative and contrary to the evidence, simply because
the injured minor was recovered and she continuing her studies and no evidence
of cast of physical disfigurement are found in disability has been placed on
record to justify any adverse inference regarding future marriage prospects.
8. Per contra , learned counsel appearing for the first respondent/claimant
would submit that upon appreciation of evidence adduced on either side and
considering the nature of injuries sustained by the Tribunal, rightly awarded the
compensation under the various heads.
9. This Court considered the submissions made on either side and perused
the entire materials available on record.
10. There is no dispute with regard to the manner of accident and
negligence fixed on the part of the driver of the offending vehicle. It is the only
grievance of the appellant/Insurance Company that awarding a sum of
Rs.3,00,000/- under the head of marriage prospectus is contrary to the evidence.
The minor was sustained laceration over central incisor, avulsion injury over
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CMA No. 3629 of 2026
left dorson exposing bone. She was admitted to SIMs hospital on 11.04.2022
referred to KMC and treated as in patient from 11.04.2022 to 30.04.2022 two
times surgery were done. After examination of the Medical Board, disability
was fixed as 13%. At the time of accident, the age of the minor was 2 years old.
Considering the nature of injuries sustained by the claimant and the disability
assessed by the Medical Board, the Tribunal awarded the compensation except
under the head of marriage prospectus, other heads appears to be reasonable. In
the absence of lasting disfigurement order disability, based on which the
Tribunal awarding a sum of Rs.3,00,000/- towards marriage prospectus is not
proper. This Court is inclined to award a sum of Rs.2,00,000/- towards marriage
prospectus. The compensation awarded by the Tribunal under other heads
appears to be reasonable and does not require any interference. Thus the
compensation now modified by this Court is tabulated hereunder:
Heads of Compensation Amount awarded
by this Court (Rs.)
Part disability 3,00,000.00
Pain and Suffering 1,00,000.00
Loss of Income Nil
Medical Expenses Nil
Attendant Charges 20,000.00
Transportation 10,000.00
Loss of Amenities 25,000.00
Extra Nourishment 20,000.00
Marriage Prospectus 2,00,000.00
TOTAL 6,75,000.00
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CMA No. 3629 of 2026
12. In the result, this Civil Miscellaneous Appeal stands partly allowed
and the compensation awarded by the Tribunal, vide award dated 21.11.2025
made in MCOP.No.1979 of 2022 on the file of the Motor Accidents Claims
Tribunal, V Judge, Court of Small Causes, Chennai is modified to the effect
that the claimant is entitled to a compensation of Rs.6,75,000/- with interest @
7.5. p.a. from the date of claim petition till the date of deposit along with costs.
The appellant Insurance Company is directed to deposit the modified
compensation amount, less already deposited, if any, before the Tribunal within
a period of six weeks from the date of receipt of a copy of this order. On such
deposit, the claimant is entitled to withdraw the same, less amount already
withdrawn, by filing appropriate application before the Tribunal. The manner
and mode of disbursement of compensation shall be as per the order of the
Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
jv
To
1. Motor Accident Claims Tribunal,
V Court of Small Causes,
Chennai.
2. The Section Officer,
V.R.Section,
Madras High Court, Chennai
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CMA No. 3629 of 2026
M.JOTHIRAMAN, J.
jv
CMA No. 3629 of 2026
02-11-2026
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