NAVEEN vs Varadaraju.M

Court
Madras High Court

CMA No. 3140 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3140 of 2024
CNR: {HCMA011142992024}
Naveen
..Appellant(s)
Vs
1. Varadaraju.M
2. The Branch Manager
The New Indian Assurance Company Limited,
No.2/12, MSC Complex, 1st floor, South Indian
Bank Upstairs, Dharmapuri Main Road,
Omalur, Salem District, Tamilnadu.
C/o The Manage - Leagal, The New India
Assurance Company Limited, TP Claims Hub,
Sethukrishna Trade Center, No.133/31-A,
Trichy Main Road, 2nd Floor, Near Raja Sabari
Theatre, Gugai, Salem
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to modify the compensation by enhancing the award of the
Tribunal dated 24-08-2022 passed in MCOP.233/2020 on the file of the
Additional District Judge, Hosur.
For Appellant(s): Mr.P.A.Sudesh Kumar
For Respondent(s): Mr.R.Sivakumar, for R2
R1 - Notice Not Ready
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CMA No. 3140 of 2024
JUDGMENT
Unsuccessful claimant has preferred this Civil Miscellaneous Appeal
seeking enhancement of compensation, vide award dated 24.08.2022 made in
MCOP.No.233 of 2020 on the file of the Motor Accident Claims Tribunal,
Additional District Judge, Hosur.
2. The claim petition has been filed under Section 166 of the Motor
Vehicles Act, seeking compensation for the injuries sustained by the claimant in
a road accident. According to the claimant, on 15.09.2019, he was proceeding
from his home at Nagamangalam Village to the petrol bunk at Vellisanthai by
Baja Discover Motorcycle bearing Reg. No.TN 70 C 0776, when proceeding
towards Rayakottai, on Kelamangalam Rayakottai road, near Velli Santhai
Anjaneyar Temple, at 8.30 p.m. the driver of Ashok Leyland lorry bearing Reg.
No. TN30S 1157 driven by its driver in opposite direction in a rash and
negligent manner, and dashed against the claimant motorcycle. Due to the
accident, the claimant fell down on the road and sustained multiple injuries all
over the body. According to the claimant, he was aged about 32 years working
as petrol bunk worker and earning Rs.20,000/- per month.
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CMA No. 3140 of 2024
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 and stated that the claimant was
riding his motor bike in an uncontrollable speed without minding the traffic
rules and regulations and without personal safety and hitting on the lorry.
5. Before the Tribunal, the claimant himself was examined as PW1 and
Exs.P1 to P14 were marked. No witness was examined on the side of the
respondent and Ex.R1 was marked.
6. Upon appreciation of evidence adduced on either side, the Tribunal
found that the accident occurred due to the rash and negligent driving of the
offending vehicle. With regard to quantum of compensation, the claimant has
appeared before the Medical Board and the Medical Board has assessed the
disability of the claimant as 40% partial permanent disability. Considering the
fact that the claimant was working as a petrol bunk worker and he sustained
fracture of the pelvis and shoulder with 40% disability, will lead to loss of
earning capacity at least 15%, the Tribunal has also fixed a sum of Rs.8,000/-
per month as notional income and adopted multiplier method, accordingly
awarded compensation under the head of permanent disability. The Tribunal
has also awarded compensation under various other heads as tabulated
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CMA No. 3140 of 2024
hereunder:
Heads of Compensation Amount
awarded by the
Tribunal
(Rs.)
Disability compensation (applying Multiplier of
16 as per Sarala Varma case)
[Rs.8,000/- x 12 x 16 x 15%]
2,30,400.00
Medical Expenses (as per Ex.9) 2,14,098.00
Future medical expenditure 2,000.00
Compensation towards pain and sufferings 2,000.00
Compensation for loss of amenities 2,000.00
Amount towards extra Nourishment 2,000.00
Transportation expenses 2,000.00
Attender Charges 2,000.00
Total 4,56,498.00
Being aggrieved over the same, the claimant has preferred the present Civil
Miscellaneous Appeal, seeking enhancement of compensation.
7. The learned counsel appearing for the appellant /claimant would
submit that the Tribunal erred in taking functional disability of the appellant as
15%, while the Medical Board assessed his physical disability as 40%. The
Tribunal failed to assess the functional disability of the appellant who sustained
severe Pelvic bone fracture, right shoulder collar bone fracture, lower spine
fracture is would by have direct impact on his avocation, continuous standing
and hard physical movement. The Tribunal has erred in fixing the notional
income of the appellant and since at the time of accident, he was aged about 33
years old and he was earning Rs.20,000/- per month, however the Tribunal has
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CMA No. 3140 of 2024
awarded a sum of Rs.8,000/- per month, which is not proper.
nd
8. Per contra , learned counsel appearing for the 2 respondent /
Insurance Company would submit that the appellant has claimed to be worked
in petrol bunk and earned Rs.20,000/- he has not chosen to examine employer
of the concerned petrol bunk and also not placed any document to substantiate
his monthly income. The Tribunal, upon considering the nature of injury
sustained by the appellant has rightly awarded compensation under various
heads, which does not require any interference.
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. The
grievance of the appellant is that the Tribunal erred in fixing the functional
disability of the appellant as 15%, but the Medical Board assessed the disability
as to 40%. The Tribunal ought not to have taken Rs.20,000/- as income of the
claimant. A perusal of Ex,P8, Wound Certificate issued by the Kauvery
Hospital, Hosur shows that claimant has sustained one grievous injury and other
injuries are simple. A perusal of Ex.P7- Discharge Summary shows that the
claimant has sustained right iliac wing comminuted fracture with superior and
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CMA No. 3140 of 2024
inferior pubic rami fracture, right clavicle fracture, newly detected T2DM,
displaced comminuted fracture involving right sacral body and ala region
extending from S1 to S4 level, and he has been treated with Right ORIF with
plating of Right Iliac wing under general anaesthesia on 18.09.2019. The
claimant has been admitted on 15.09.2019 and discharged on 20.09.2019, thus
treatment taken for 6 days and he was also referred to Medical Board and the
Medical Board assessed partial permanent disability of petitioner as 40% as per
Ex.14.
11. According to the appellant, he was a Petrol Bunk worker at the time
of accident. It is relevant to note that he had sustained fracture of Pelvic bone
and shoulder bone, 40% partial permanent disability will lead a loss of earning
capacity of the appellant. Under such circumstances, the Tribunal fixes loss of
earning capacity would be atleast 15%, which appears to be reasonable and
proper and does not require any interference. With regard to income of the
claimant, according to him, he was working as petrol bunk worker earning
Rs.20,000/- per month. Neither the employer of the petrol bunk was examined,
nor was any documentary proof was filed to substantiate that the claimant was
earning a sum of Rs.20,000/- per month prior to the accident. It is relevant to
note that the accident took place on 15.09.2019 and at the time of accident, he
was aged about 32 years, fixation of a sum of Rs.8,000/- per month as notional
income is very meager. This Court is inclined to fix a sum of Rs.15,000/- per
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CMA No. 3140 of 2024
month. Considering the nature of injury sustained by the appellant, fractures are
leading to 40% partial permanent disability. The findings of the Tribunal fixing
15% of earning capacity is reasonable and proper.
12. In the light of the above discussion, the compensation awarded under
the head of loss of earning capacity is enhanced as 15,000 X 12 = 1,80,000/-.
The compensation awarded under the head of pain and sufferings and extra-
nourishment appear to be very meager and hence, a sum of Rs.10,000/- each is
awarded. 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 compensation
(applying Multiplier of 16 as
per Sarala Varma case)
[Rs.15,000/- x 12 x 16 x 15%]
2,30,400.00 4,32,000.00
2. Medical Expenses (as per
Ex.9)
2,14,098.00 2,14,098.00
3. Future medical expenditure 2,000.00 2,000.00
4. Compensation towards pain
and sufferings
2,000.00 10,000.00
5. Compensation for loss of
amenities
2,000.00 2,000.00
6. Amount towards extra
Nourishment
2,000.00 10,000.00
7 Transportation expenses 2,000.00 2,000.00
8 Attender Charges 2,000.00 2,000.00
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CMA No. 3140 of 2024
Total 4,56,498.00 6,74,098.00
13. In the result, this Civil Miscellaneous Appeal is partly allowed,
modifying the award dated 24.08.2022 in MCOP.No.233/2020 passed by the
Motor Vehicle Accident Claims Tribunal, Additional District Judge, Hosur, to
the effect that the claimant is entitled for an enhanced compensation of
Rs.6,74,098/- with interest @ 7.5. pa. from the date of claim petition till the date
nd
of deposit. The 2 respondent / Insurance Company is directed to deposit the
enhancement amount, now determined by this Court less amount already
deposited if any, within a period of six weeks from the date of receipt of a copy
of this order. On such deposit, the appellant /claimant is directed to withdraw
the same, less amount already withdrawn if any, on filing appropriate
application before the Tribunal and on payment of sufficient Court fee for the
enhanced compensation. As per order of this Court in CMP No.15150 of 2024
dated 25.10.2024, the claimant is not entitled for any interest on the enhanced
compensation for the delay period, if any. The manner, mode and disbursement
of compensation shall be as per the order of the Tribunal. No costs.
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
jv
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CMA No. 3140 of 2024
To
1. Motor Vehicle Accident Claims Tribunal,
Additional District Judge, Hosur,
2. The Section Officer,
V.R. Section, High Court, Chennai.
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CMA No. 3140 of 2024
M.JOTHIRAMAN, J.
jv
CMA No. 3140 of 2024
02-11-2026
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