P.SUBRAMANIAM (Died) vs P.PERUMALSAMY

CMA No. 833 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 833 of 2021
1. P. Subramaniam
Son of Palanisamy (Died)
No. 218, Muthugopal Nagar, Periyar Colony North
Anupparpalayam Post, Tiruppur.
..Appellant(s)
2.S.Prabash
S/o.Subramaniam
3.Amutha
D/o.Subramaniam
Both are residing at No.120/50, Amman Nagar
Kaniyampoondi Street
Pakkiyapalayam
Thirumuruganpoondi-641 652.
[P2 and P3 brought on record as Legal heirs of the
deceased P1 vide order of Court dated 24.08.2026
made in CMP.Nos.21049, 21050 and 21052 of 2026
in CMA.No. 833 of 2021]
Versus
1.P.Perumalsamy
S/o. Perumal
V. Sundaralingapuram, Kottur Post
R.R.Nagar Via, Viruthu Nagar District.
2.A.Panneerselvam
th
No.57/14, Munisamypuram 6 Street
Tuticorin – 628 001.
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CMA No. 833 of 2021
3.Bajaj Alliance General Insurance Company
Limited
No.1/39A, 11, Mapsons Marketers Building
Byepass Road, Vannerpet,
Tirunelveli – 627 003.
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, praying to set aside the Judgment and Decree dated
14.02.2018 made in MCOP No.212 of 2010 on the file of MACT, Additional
Sub Judge, Tiruppur.
For Appellant(s): Mr.K.Varadha Kamaraj
For Respondent-3: Mr.Michael Vishvasam
---
JUDGMENT
The unsuccessful claimant has preferred the present appeal seeking
enhancement of the compensation.
2. Originally, the appeal was filed by the injured claimant himself.
During the pendency of the appeal, he died and his legal heirs were brought on
record as the legal representatives of the injured claimant.
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CMA No. 833 of 2021
3. According to the injured claimant, on 15.10.2009 at about 7.00
PM., he was riding a Honda Activa Scooter bearing Registration No.TN-39-
AE-2703 from south to north on Sirupooluvapatti to 15 Velampalayam Road,
near S.P.Nagar Bus Stop, duly observing traffic rules and regulations. At that
time, a container lorry bearing Registration No.TN-72-T-5072, driven by the
first respondent, came from the opposite direction on the same road in a rash
and negligent manner, without adhering to traffic rules and regulations, and
dashed against a roadside tree, as a result of which a big branch of the said tree
fell on the claimant. Due to this, the claimant sustained a spinal fracture,
grievous injuries to the head and injuries all over the body. According to the
claimant, he was taken to Revathy Hospital, Tiruppur and thereafter, referred to
K.G.Hospital, Coimbatore.
4. According to the claimant, at the time of the accident, he was aged
about 55 years and was running his own stitching unit namely, Raasi Thayal
Nilayam, and was earning a sum of Rs.60,000/- per month. Due to the accident,
the claimant’s body below the hip has become numb. The claimant is not able
to do his work and is permanently bedridden. If the claimant wants to get up
from the bed, he needs the help of others. The claimant has to carry out his day
to day activities with the help of others.
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CMA No. 833 of 2021
5. The third respondent/Insurance Company has filed a counter
statement wherein it has been stated that the second respondent has denied the
allegations made in the claim petition. The driver of the vehicle bearing
Registration No.TN-72-T-5072, was not holding a valid and effective driving
license at the time of the accident and further was not qualified to hold such
driving license. The vehicle bearing Registration No.TN-72-T-5072 was
involved in the alleged accident and it was driven in a rash and negligent
manner.
6. The third respondent/Insurance Company has also filed an
additional Counter statement stating that the claim for compensation of
Rs.75,00,000/- made under different heads and additionally towards medical
expenses, transport charges, loss of earning and permanent disability etc., is
denied as false. The conduct of the claimant in filing one application after
another by making inconsistent pleas and suppressing material facts, without
producing any material documentary evidence, shows that the claim made in the
present application is vexatious and false.
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CMA No. 833 of 2021
7. On behalf of the claimant, the claimant himself was examined as
PW1, Mr.Sekar, Doctor of K.G.Hospital, was examined as PW2, one
Mr.Vijayakrishnan, Bank Manager, was examined as PW3, and one
Mr.B.Kanagaraj was examined as PW4, and Ex.P1 to Ex.P21 were marked. On
behalf of the respondents, no witness was examined and no document was
marked.
8. Upon appreciation of the evidence adduced on either side and as
per the evidence of the injured claimant, the Tribunal came to the conclusion
that the accident occurred when the claimant was riding his two wheeler from
south to north on Sirupooluvapatti to Velampalayam Road, near S.P.Nagar Bus
Stop, at that time, the container lorry driven by the first respondent came from
the opposite direction in a rash and negligent manner and dashed against a
roadside tree. The tree on the roadside fell down on the claimant. In the
absence of any witness on behalf of the respondents, the Tribunal held that the
accident occurred due to the rash and negligent driving of the vehicle by the
first respondent, and then proceeded to determine the quantum of compensation.
9. Considering the evidence of PW3, the Bank Manager, bank
account statement to show that the injured claimant was running his own
stitching unit, namely, Raasi Thayal Nilayam, though a sum of Rs.60,000/- per
month was claimed, in the absence of proof for the same, the Tribunal fixed a
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CMA No. 833 of 2021
sum of Rs.9,000/- as the monthly income of the injured claimant and added
10% towards future prospects. Considering the fact that the injured claimant
sustained injuries and that at the time of the accident, his body below the hip
became numb and he was unable to do his work, the Tribunal considered 100%
disability, and applied the multiplier method and awarded compensation under
the head of loss of earning capacity as Rs.9,900/- x 12 x 11 x 100/100 =
Rs.13,06,800/-. The compensation awarded by the Tribunal under various other
heads is tabulated hereunder:-
Sl.No. Compensation Awarded by the Tribunal Amount in
Rupees
1. Loss of Earning Capacity 13,06,800
2. Attender Charges 2,40,000
3. Pain and Suffering 50,000
4. Loss of Amenities 30,000
5. Future Medical Expenses 50,000
6 Mental Agony 25,000
7 Nutrition 1,00,000
8 Transport 50,000
9 Medical Bills 4,00,275.80
Total 22,52,075.80
Total (Rounded off) 22,50,000
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CMA No. 833 of 2021
Aggrieved over the same, the injured claimant has preferred the present appeal
seeking enhancement of compensation. During the pendency of this appeal, the
injured claimant/appellant died and thereafter, his legal heirs were impleaded as
the appellants herein.
10. The learned Counsel appearing for the appellant/Claimant would
submit that the Tribunal erred in fixing the income of the appellant at Rs.9,000/-
per month as against the claim of Rs.60,000/- per month. The Tribunal ought to
have fixed the income of the appellant Rs.60,000/- per month. The Tribunal
ought to have considered the oral evidence of PW3 and PW4 and as per the
documentary evidence of Ex.P15 to Ex.P21, which reveal that he had bank
transactions in the year 2009 for more than Rs.20,00,000/- in his bank account.
The Tribunal failed to consider the fact that he was running his own stitching
unit namely, “Raasi Thayal Nilayam” and was earning a sum of Rs.10,000/- per
month. Though the Tribunal came to the conclusion that the disability caused to
the injured claimant is 100%, the amounts awarded towards attender charges,
extra nourishment, future prospects, medical expenses, transport charges and
loss of amenities are very meagre and the same has to be enhanced.
nd
11. Per contra , the learned Counsel appearing for the 2
Respondent/Insurance Company would submit that in the absence of proof of
income, the Tribunal has rightly fixed a sum of Rs.9,000/- per month as
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CMA No. 833 of 2021
monthly income and, considering the nature of injuries sustained by the injured
claimant, treated it as 100% disability and applied the multiplier method and
awarded compensation under the head of permanent disability. The
compensation awarded under other heads is reasonable and proper, there is
infirmity, and there is no reason warrants to enhance the same.
12. This Court considered the submissions made by the learned
Counsel on either side and perused all the materials available on record
carefully.
13. There is no dispute with regard to the manner of accident that
occurred in the case on hand and the negligence fixed on the part of the
Insurance Company. The grievance of the appellant is that the injured claimant
was running his own stitching unit, namely, “Raasi Thayal Nilayam”, and the
same has been clearly established through the evidence of the injured claimant
and the evidence of PW4, as per Exs.P15 to P21 relating to the bank statements
from the year 2017 – 2021. On a perusal of the bank statements, it reveals that
he had bank transactions for more than Rs.20,00,000/- at that point of time.
Considering the evidence of PW3 that the injured claimant was having a bank
account in the name of “Raasi Thayal Nilayam”, and as per the oral evidence of
PW1, he has categorically stated that he was paying income tax for the past 20
years and he has also deposed that more than 35 persons were working under
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CMA No. 833 of 2021
him in his own stitching unit, namely, “Raasi Thayal Nilayam”, but the injured
claimant has not filed the Income Tax Returns filed by him during the relevant
period. It is not in dispute that the injured claimant was running his own
stitching unit, namely, Raasi Thayal Nilayam, and the same has been
corroborated by the evidence of PW3.
14. In such circumstances, considering the fact that he was running
“Raasi Thayal Nilayam” and he was a skilled worker and considering the fact
that the accident occurred in the year 2009, at the time of the accident, the age
of the claimant was about 55 years, the Tribunal fixing a sum of Rs.9,000/- per
month as income is not proper and therefore, this Court is inclined to fix the
monthly income of Rs.11,000/- per month. Considering the evidence of PW2
and considering Ex.P7 to Ex.P10, that the injured claimant is suffering from
functional disability of 100%. By applying the ratio laid down by the Hon’ble
Apex Court in Smt.Sarala Verma and Others v. Delhi Transport
Corporation and Another reported in [2009 (2) TNMAC 1 (SC)] and
National Insurance Company Limited v. Pranay Sethi reported in [AIR
2017 SC 5157] , multiplier “11” is adopted and 10% future prospects should he
added. Hence, the compensation under the head of loss of dependency comes to
Rs.13,06,800/-.
=Rs.11,000 + 10% = Rs.12,100 x 12 x 11/100 = Rs.15,97,200/-
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CMA No. 833 of 2021
15. Considering the fact that due to the accident, the injured claimant’s
body below the hip became numb and he is unable to carry out his day to day
activities and he is permanently bed ridden. In such circumstances, the
compensation of Rs.24,000 x 10 years = Rs.2,40,000/- awarded by the Tribunal
towards attendant charges is very meagre and the same has to be enhanced.
Considering the fact that he was bedridden for ten years, for attendant charges,
this Court is inclined to enhance it to Rs.4,000/- x 12 = Rs.48,000 x 10 =
Rs.4,80,000/-. Considering the fact that due to the accident, the injured
claimant suffered 100% functional disability and he was suffering with the help
of an attender only. In such circumstances, Rs.1,00,000/- under the head of
nutrition is very meagre, and this Court is inclined to enhance it to
Rs.2,00,000/-. Similarly, the compensation awarded by the Tribunal under the
head of Transport Expenses, is also very meagre and the same has to be
enhanced to Rs.1,00,000/-. The compensation under other various heads is
reasonable and proper. The compensation awarded by the Tribunal is modified
as follows:-
Sl.No. Compensation Awarded by the Tribunal Amount in
Rupees
1. Loss of Disability 13,06,800
2. Attender Charges 4,80,000
3. Pain and Suffering 50,000
4. Loss of Amenities 30,000
5. Future Medical Expenses 50,000
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CMA No. 833 of 2021
6 Mental Agony 25,000
7 Nutrition 2,00,000
8 Transport 1,00,000
9 Medical Bills 4,00,275.80
Total 26,42,075.80
Total (Rounded off) 26,40,000
16. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.22,50,000/- is hereby enhanced
to Rs.26,40,000/- together with interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit. The appellant is directed to pay
necessary Court fee, if any, on the enhanced compensation. The second
respondent/Insurance Company is directed to deposit the enhanced award
amount by this Court, less the amount already deposited if any, within a period
of six weeks from the date of receipt of a copy of this judgment. On such
deposit, the appellants/claimants are permitted to withdraw the enhanced award
amount, less the amount if any, already withdrawn. No costs. Consequently,
connected Civil Miscellaneous Petition is closed, if any.
11-09-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MSM
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CMA No. 833 of 2021
To
1.The Additional Sub Judge,
Motor Accident Claims Tribunal, Tiruppur.
2.The Section Officer, V.R.Section, High Court, Madras.
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CMA No. 833 of 2021
M.JOTHIRAMAN, J.
MSM
CMA No. 833 of 2021
11-09-2026
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CMA No. 833 of 2021
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CMA.No.833 of 2021
M.JOTHIRAMAN,J.,
Today, the case is listed under the caption “for being mentioned” at the
instance of the learned counsel appearing for the appellants.
2. Heard the learned counsel appearing for the appellants.
3. It is brought to the notice of this Court that due to the typographical
error, the amount awarded under the head of loss of disability was wrongly
mentioned as Rs.13,06,800/- instead of Rs.15,97,200/- in paragraph No.15 of
the order dated 11.09.2026. Consequently, the total compensation
mentioned in paragraph No.16 also requires correction. Hence, the same
may be rectified.
4. Considering the submission made by the learned counsel appearing
for the appellants, the following corrections are made in the order dated
11.09.2026 :-
i) In para No.15, in the tabular column, in the third column of
the first row, the figure “Rs.13,06,800/- shall stand
substituted with “Rs.15,97,200/-. Consequently, the total
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amount of compensation shall stand corrected as
Rs.29,32,475.80 instead of Rs.26,42,075.80 and the
following table shall be substituted:-
S.No. Heads of Compensation Amount awarded by
this Court
1 Loss of Disability Rs. 15,97,200/-
2 Attender Charges Rs. 4,80,000/-
3 Pain and suffering Rs. 50,000/-
4 Loss of amenities Rs. 30,000/-
5 Future Medical Expenses Rs. 50,000/-
6 Mental agony Rs. 25,000/-
7 Nutrition Rs. 2,00,000/-
8 Transport Rs. 1,00,000/-
9 Medical Bills Rs. 4,00,275.80
Total Rs.29,32,475.80
rounded off to
Rs.29,32,000/-
ii) In paragraph No.16, in the third line , the figure “ Rs.26,40,000/-
shall stand substituted with “Rs.29,32,000/-”.
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17
5. Registry is directed to carry out the aforesaid corrections and issue
fresh copy of the order to the parties.

29.10.2026
kkd
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M.JOTHIRAMAN,J.,
kkd
CMA.No.833 of 2021
29.10.2026
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