S.AKILANDESWARI, vs THE EXECUTIVE DIRECTOR,
- Court
- Madras High Court
C.M.A.(MD).No.453 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On 24.09.2026
Pronounced On 02.11.2026
CORAM
THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN
CMA(MD) No. 453 of 2019
{CNR: HCMD010304962019}
Case QR
S.Akilandeswari ...Appellant(s)
Vs
1.The Executive Director,
M/s.SRM Transport India Pvt. Ltd.,
No.3, Veerasamy Street,
West Mambalam,
Chennai-600 033.
2.HDFC ERGO General Insurance Co. Ltd.,
Achyutha Apartment, Ground Floor,
111, Bharathidasan Salai,
Cantonment,
Trichy-620 001.
st
(1 Respondent set ex-parte before Tribunal.
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C.M.A.(MD).No.453 of 2019
Hence, may be dispensed with) ...Respondent(s)
PRAYER: Civil Miscellaneous Petition has been filed under Section 173 of Motor
Vehicle Act, to allow the appeal and modify the award passed in MCOP No. 1585
of 2014 on the file of the Motor Accident Claims Tribunal / Special Subordinate
Judge, Trichirappalli dated 24.01.2019.
For Appellant(s) : Mr.N.Sudhagar Nagaraj
For Respondent(s) : M/s.V.Sakthivel for R2
: R1 - Dispensed With
(vide Court Order Dated 30.01.2024)
JUDGMENT
The claimant in M.C.O.P. No.1585 of 2014, on the file of the Motor
Accident Claims Tribunal, Special Subordinate Judge, Tiruchirappalli, has filed the
present C.M.A.(MD).No.453 of 2019, seeking enhancement of the compensation
awarded by the Tribunal in M.C.O.P.No.1585 of 2014, dated 24.01.2019.
2.Facts of the case:
2.1.According to the claimant, she was travelling as a passenger in the Omni
bus bearing Registration No.TN-09-BT-1359, which was insured with the second
respondent/Insurance Company. The bus was proceeding from Chennai towards
Tiruchirappalli. When it was nearing Siruganur Village, on 05.07.2014 at about
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C.M.A.(MD).No.453 of 2019
05.00 a.m. the driver of the bus drove the vehicle in a rash and negligent manner
and dashed against a lorry which had been parked on the left side of the road. It
was alleged that the parked lorry had not displayed proper warning or indication.
2.2.In the said accident, the claimant and other passengers sustained injuries.
The claimant sustained, in particular, fractures to the right femur and left femur,
besides other injuries all over the body. She was admitted in the hospital and
underwent treatment from 05.07.2014 to 15.07.2014 and underwent surgery.
According to her, she incurred substantial medical expenses and, owing to the
injuries sustained in the accident, she was unable to continue her employment.
2.3.The claimant was employed as an HR Manager/Marketing Analyst in
Zoho Corporation Limited, Chennai, and was earning Rs.35,000/- per month. She
contended that, owing to the injuries, she was compelled to resign her employment
and thereby suffered loss of earning capacity. She therefore filed the claim petition
claiming compensation of Rs.60,00,000/-.
2.4.The Insurance Company resisted the claim disputing the manner of the
accident and the allegation that the accident was caused due to the negligent
parking of the lorry without proper indication. The quantum of compensation was
also disputed. It was specifically contended that there was no proof of actual loss
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C.M.A.(MD).No.453 of 2019
of income.
2.5.Before the Tribunal, the claimant examined herself as P.W.1 and the
doctor as P.W.2. Ex.P1 to Ex.P11 were marked on the side of the claimant. The
Court Witness was also examined as CW1 and Ex.C1 to Ex.C5 were marked. On
the side of the Insurance Company, no oral or documentary evidence was adduced.
3.Findings of the Tribunal:
3.1.Upon consideration of the entire evidence, the Tribunal fixed negligence
on the driver of the insured bus and awarded a sum of Rs.5,81,543/- as
compensation.
Sl.
No.
Heads Awarded Amount
(in Rs.)
1 Loss of income 2,55,000/-
2 Disability 1,05,000/-
3 Pain and Suffering 1,00,000/-
4 Extra nourishment 15,000/-
5 Damages 2,000/-
6 Transport expenses 32,543/-
7 Past Medical Expenses 47,000/-
8 Future Medical Expenses 25,000/-
Total Compensation Awarded Rs.5,81,543/-
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C.M.A.(MD).No.453 of 2019
3.2.Not being satisfied with the quantum of compensation, the claimant has
preferred the present appeal seeking enhancement.
4.Submission of the learned counsel appearing for the
appellant/claimant :
4.1.The learned counsel appearing for the claimant submitted that the
claimant had sustained fractures to both the right and left femur and had undergone
surgery. Owing to the resultant disability, she was unable to continue her
employment and was compelled to resign. It was therefore contended that the
Tribunal ought to have properly assessed the functional loss of earning capacity by
applying the multiplier method.
4.2.Reliance was placed upon the principles laid down by the Hon'ble
Supreme Court in the case of “Raj Kumar vs. Ajay Kumar”, Reported in 2011, 1
SCC 343 , particularly with regard to the distinction between physical disability and
functional loss of earning capacity.
4.3.It was further submitted that the claimant was a highly qualified
employee working in a managerial position and that the injuries to both femurs
would necessarily affect her ability to perform her avocation. It was also contended
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that the Tribunal had not awarded any amount towards loss of amenities.
5.Submission of the learned counsel appearing for the second
respondent/Insurance Company :
5.1.Per contra, the learned counsel appearing for the Insurance Company
submitted that there was no satisfactory evidence to establish that the claimant was
compelled to resign her employment on account of the injuries sustained in the
accident. It was pointed out that, after the accident, she was permitted by her
employer to continue working and that she continued in employment for about
three months. Thereafter, she resigned only in the year 2016.
5.2.It was further submitted that the claimant subsequently married and was
residing with her husband in Canada and that there was no concrete evidence to
establish that her resignation was directly attributable to the disability suffered in
the accident. Therefore, according to the learned counsel, no further enhancement
was warranted.
6.This Court has considered the rival submissions and perused the materials
available on record.
7.Discussion and Findings:
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7.1.The medical records, particularly Exs.P2 to P4, establish that the
claimant sustained fractures to both the right and left femur. She underwent
surgical treatment for the said injuries. The nature of the injuries and the treatment
undergone by her are not seriously in dispute. The more important question is the
extent to which the injuries affected her earning capacity. The claimant was
employed in a managerial position after completing her higher studies. Therefore,
the functional effect of injuries to both femurs has to be considered having regard
to the nature of her employment.
7.2.The claimant has stated that, owing to the injuries, she was unable to
continue her employment and ultimately resigned. However, the evidence also
discloses that after the accident she continued in employment for a period of about
three months, with the employer making arrangements to facilitate her work. She
ultimately resigned only in the year 2016.
7.3.There is no concrete or convincing evidence establishing that she was
compelled to resign solely because of the disability arising from the accident. The
mere fact that she subsequently resigned from employment cannot, by itself,
establish 100% loss of earning capacity. At the same time, the claimant's case
cannot be completely rejected. The injuries to both femurs are significant, and the
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C.M.A.(MD).No.453 of 2019
functional consequences of such injuries have to be considered having regard to
the nature of her employment. A person employed in a managerial position may
have to sit, stand, move within the workplace and undertake various work-related
activities. The residual effects of fractures to both femurs can therefore have some
impact upon her earning capacity.
7.4.In this context, the principle laid down by the Hon'ble Supreme Court in
the case of Raj Kumar v. Ajay Kumar, Reported in (2011) 1 SCC 343 , is relevant.
The percentage of physical disability cannot be mechanically equated with the
percentage of loss of earning capacity. The Court must assess the functional impact
of the disability with reference to the claimant's particular avocation. The claimant
has also relied upon the judgment of the Hon'ble Supreme Court concerning loss of
earning capacity in the case of a professional. However, in the case relied upon by
the claimant, the evidence established that the injured person was completely
incapacitated from continuing his particular avocation. The same degree of
functional incapacity has not been established in the present case.
7.5.Therefore, while this Court is unable to accept the claimant's case of
100% loss of earning capacity, the functional consequences of the injuries cannot
be ignored altogether. Having regard to the nature of the injuries, the claimant's
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avocation, her employment in a managerial position and the medical evidence
available on record, this Court considers it appropriate to assess the functional loss
of earning capacity at 20%.
7.6.The monthly income of Rs.42,500/- adopted by the Tribunal has not
been seriously challenged in this appeal. Therefore, the same is retained for the
purpose of recalculating the loss of earning capacity. Applying the multiplier
method, the compensation under the head of loss of earning capacity is
recalculated as follows:
Rs.42,500 × 18 × 20% = Rs.1,53,000/-
7.7.This Court declines to accept the learned counsel appearing for the
Insurance Company that awarding compensation under both head of “loss of
earning capacity” and “Permanent disability” is amount to overlapping in view of
the law laid down by the Hon'ble Supreme Court in the case of K. Suresh vs. New
India Assurance Co. Ltd. (2012) 12 SCC 274
reported in .
7.8.The claimant had sustained fractures to both femurs and undergone
surgical treatment. Considering the nature of the injuries and the resultant
continuing discomfort, the Tribunal has not awarded any amount under the head of
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loss of amenities. In the facts and circumstances of the case, this Court considers it
appropriate to award Rs.1,00,000/- towards loss of amenities. The other amounts
awarded by the Tribunal under the respective heads are not shown to be either
excessive or inadequate so as to warrant interference, except to the extent indicated
above.
8.Conclusion:
8.1. For the foregoing reasons, the compensation awarded by the Tribunal to
the claimant is re-determined as follows:-
Sl. No. Heads Amount
awarded by
the Tribunal
Re-quantified
Status
amount by
this Court (in
(in Rs.)
Rs.)
1 Loss of
income
during
treatment
period of 6
months
(Rs.42,500/- X
6)
2,55,000/- 2,55,000/- Confirmed
2 Loss of
earning
capacity
-------- 1,53,000/- Awarded
2 Disability 1,05,000/- 1,05,000/- Confirmed
3 Pain and 1,00,000/- 1,00,000/- Confirmed
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C.M.A.(MD).No.453 of 2019
Suffering
4 Extra
nourishment
15,000/- 15,000/- Confirmed
5 Damages 2,000/- 2,000/- Confirmed
6 Transport
expenses
32,543/- 32,543/- Confirmed
7 Past Medical
Expenses
47,000/- 47,000/- Confirmed
8 Future
Medical
Expenses
25,000/- 25,000/- Confirmed
9 Loss of
amenities
--------- 1,00,000/- Awarded
Total Compensation Awarded Rs.5,81,543/- Rs.8,34,543/- Enhanced
8.Result:
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C.M.A.(MD).No.453 of 2019
8.1.In the result, C.M.A.(MD).No.453 of 2019 is partly allowed .
8.2. The award dated 24.01.2019 in M.C.O.P. No.1585 of 2014 on the file of
the Motor Accident Claims Tribunal / Special Subordinate Judge, Thiruchirappalli
is enhanced from Rs.5,81,543/- to Rs.8,34,543/-, with interest at the rate of 7.5%
per annum from the date of the claim petition.
8.3.The Insurance Company is directed to deposit the enhanced award
amount of Rs.8,34,543/-, after giving credit to the amount already awarded and
deposited, if any, together with interest at the rate of 7.5% awarded by the
Tribunal, within a period of eight weeks from the date of receipt of a copy of this
judgment.
8.4.On such deposit, the claimant is entitled to withdraw the enhanced
amount, together with accrued interest and costs, in accordance with law.
No order as to costs.
02.11.2026
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
AKM
To
1.The Motor Accident Claims Tribunal / Special Subordinate Judge,
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C.M.A.(MD).No.453 of 2019
Trichirappalli
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN,J.
AKM
C.M.A.(MD).No.453 of 2019
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