Ganeshkumar vs Saravanan G

CMA No. 3616 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3616 of 2026
CNR: {HCMA011761002026}
Ganeshkumar
..Appellant(s)
Vs
1. Saravanan G
2. The Manager
United India Insurance Co Ltd.,
Silingi Building,
No.134, Greams Road,
Chennai 600 006.
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to allow this Civil Miscellaneous appeal by enhancing the
compensation awarded in the Judgement and Decree dated 27.10.2025 passed in
MCOP No.237 of 2020 on the file of the Motor Accident Claims Tribunal
Chennai (In the VI Court of Small Causes, Chennai).
For Appellant(s): Mr.K.Balaji
For Respondent(s): Mr. C. Paranthaman, for R2
R1 – Notice not ready
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CMA No. 3616 of 2026
JUDGMENT
Unsuccessful claimant has preferred this Civil Miscellaneous Appeal
seeking enhancement of compensation, vide award dated 27.10.2025 made in
MCOP.No.237 of 2020 on the file of the Motor Accident Claims Tribunal, VI
Court of Small Causes, Chennai.
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 07.04.2019 at about 9.30 hours,
while he was riding a motor cycle bearing Reg. No.TN 22 CC 7866 in
Vadapalani new over bridge, Chennai at that time a motor cycle bearing Reg
No.TN 05 BS 7017 driven by its rider in a very rash and negligent manner and
dashed against the claimant and as a result, the claimant sustained 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. 3616 of 2026
5. Before the Tribunal, the claimant himself was examined as PW1 and
Exs.P1 to P10 were marked. Disability Certificate of the claimant issued by the
Medical Board was marked as Ex.C1. On the side of the respondent
nd
Mr.Jawahar, Administrative officer in 2 respondent Insurance Company was
examined as RW1 and Exs. R1 to R3 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. The Tribunal also finds that a perusal of Ex.R3 shows that
the rider of the offending vehicle did not possess valid driving license at the
time of accident and ordered pay and recover. With regard to quantum of
compensation, the Tribunal has awarded compensation under various heads as
tabulated hereunder:
Heads of Compensation Amount awarded
by the Tribunal
(Rs.)
Part Disability 1,92,000.00
Pain and Suffering 25,000.00
Medical expenses 1,70,000.00
Attendant charges 4,000.00
Transportation 10,000.00
Loss of Income (14,100x2) 28,200.00
Loss of Amenities 10,000.00
Extra Nourishment 10,000.00
Total 4,49,200.00
Being aggrieved over the same, the claimant has preferred the present Civil
Miscellaneous Appeal, seeking enhancement of compensation.
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CMA No. 3616 of 2026
7. The learned counsel appearing for the appellant /claimant would
submit that the claimant was referred to Medical Board and the disability
assessed by the Medical Board at 24%. The Tribunal failed to consider the
nature of injuries sustained by the claimant. The Tribunal fixed the income of
the claimant at Rs.14,100/- per month and adopted multiplier method. The
compensation awarded by the Tribunal on all other heads towards pain and
suffering, attendant charges, Transportation, loss of amenities and extra
nourishment appears to be very meager and the same has to be enhanced.
nd
8. Per contra , learned counsel appearing for the 2 respondent /
Insurance Company would submit that upon appreciation of evidence adduced
on either side and considering the nature of injuries sustained by the claimant,
the Tribunal 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 the
negligence fixed on the part of the rider of the offending vehicle. At the time of
accident the driver of the offending vehicle did not possess valid license. The
grievance of the appellant is that the Tribunal erred in fixing the functional
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CMA No. 3616 of 2026
disability of the appellant, but the Medical Board assessed the disability as 24%.
A perusal of Ex.C1 which clearly established the injuries that the claimant has
sustained right knee fracture, ACL TEAR (R) KNEE, LAT, MENIS TEAT (R)
KNEE and multiple injuries all over the body. It is seen that the accident took
place on 07.04.2019, the Tribunal awarded Rs.8,000/- per percentage of
disability, this Court is inclined to enhance the same to Rs.9,000/- per
percentage. Accordingly the compensation awarded under the head of disability
enhanced by is here under Rs.9,000 X 24 = 2,16,000/-.
11. The Tribunal fixed two months towards loss of income @ Rs.14,100/-
per month and accordingly awarded compensation under the head of loss of
income as Rs.28,200/-m which appears to be meagre. It is seen that the claimant
is a driver, and earning a sum of Rs.25,000 per month and considering the
percentage of disability as assessed by the Medical Board, the nature of injuries
and that the accident took place in the year 2019, this Court is also inclined to
award 5 months compensation towards loss of income @ Rs.17,000/- per month
and accordingly a sum of Rs.1,02,000/- is awarded towards 5 months loss of
income. Similarly the compensation awarded towards pain and suffering,
attendant charges, Transportation, loss of amenities and extra nourishment has
to be enhanced. Thus, the compensation now determined by this Court is
tabulated hereunder:
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CMA No. 3616 of 2026
Heads of Compensation Amount awarded
by this Court
(Rs.)
Part Disability 2,16,000.00
Pain and Suffering 50,000.00
Medical expenses 1,70,000.00
Attendant charges 15,000.00
Transportation 20,000.00
Loss of Income (17,000x5) 1,02,000.00
Loss of Amenities 40,000.00
Extra Nourishment 25,000.00
Total 6,38,000.00
12. In the result, this Civil Miscellaneous Appeal is partly allowed,
modifying the award dated 27.10.2025 in MCOP.No.237/2020 passed by the
Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, to the
effect that the claimant is entitled for an enhanced compensation of
Rs.6,38,000/- 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 judgment, in the first instance and then recover the same from the first
respondent / owner of the vehicle on the same cause of action. (Pay and
Recover). 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 the order of this Court in CMP No.20632 of 2026 dated
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CMA No. 3616 of 2026
13.10.2026, the claimants are 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.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
jv
To
1. Motor Accident Claims Tribunal Chennai
The VI Court of Small Causes,
Chennai.
2. The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
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CMA No. 3616 of 2026
M.JOTHIRAMAN, J.
jv
CMA No. 3616 of 2026
03-11-2026
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