RANGANATHAN (SINCE DIED) 1. Siva vs SRI VASAVI TRADERS

CMA No. 1804 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 1804 of 2023
CNR: {HCMA010175292023}
Ranganathan (Died)
1. Siva
2. Sundaramoorthy
3. Sivaraman
..Appellant(s)
Vs
1. M/s.Sri Vasavi Tractors,
No.455, C.C.Road,
Near Housing Board,
Polur.
2. The Divisional Manager
United India Insurance Company Limited,
No.46, Katpadi Road, Vellore.
3. The Divisional Manager
United India Insurance Company Limited,
No.95, New No.88, Big Street, Tiruvannamalai.
..Respondent(s)
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 20.07.2022 made in
in M.C.O.P.No.129 of 2020 on the file of the Motor Accident Claims Tribunal,
Special Sub Court, Tiruvannamalai.
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CMA No. 1804 of 2023
For Appellant(s): Mr.F.Terry Chella Raja
For Respondent(s): No appearance for R1
Mr.M.B.Raghavan for
M/s.M.B.Gopalan Associates
for R2 and R3
J U D G M E N T
The appellants have filed this Civil Miscellaneous Appeal seeking
enhancement of compensation awarded by the Motor Accident Claims Tribunal,
Special Sub Court, Tiruvannamalai, in M.C.O.P.No.129 of 2020, vide award
dated 20.07.2022.
2. The claim petition has been filed by one Ranganathan under Section
166 of the Motor Vehicles Act, 1988, r/w. Rule 3 of Tamil Nadu Motor
Accident Claims Tribunal Rules, 1989. However, after pronouncement of the
award by the Tribunal, the said Ranganathan died and his legal heirs have come
before this Court by way of filing this Civil Miscellaneous Appeal.
3. The facts of the case are that on 07.01.2020 at about 10.15 a.m., the
original claimant/deceased was going in his bicycle on the left side of the mud
road on Chetpet to Vandhavasi road in order to go to his house after finishing
his work at his land. While he was going near Thiruvalluvar Handloom
Association Building at Nedungunam Village, the driver of the Bolero Jeep
bearing Reg.No.TN 09 BK 5863 belonging to the first respondent drove the
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CMA No. 1804 of 2023
vehicle from backside in a rash and negligent manner and dashed against the
original claimant, due to which, the original claimant sustained grievous injuries
all over his body. The first respondent is the owner of the offending vehicle and
the second respondent is the insurer of the offending vehicle and the third
respondent is the branch office of the second respondent Insurance Company.

4. The first respondent was set ex-parte before the Tribunal.
5. The second and third respondents have filed a counter statement
denying the manner of accident.
6. On the side of the original claimant, the original claimant himself
examined as P.W.1 and Ex.P1 to Ex.P8 were marked. On the side of the
respondents, no witness was examined and no document was marked.
Ex.C1/Disability Certificate issued by the Medical Board was marked as Court
document.
7. On appreciation of evidence adduced on either side, the Tribunal held
that due to rash and negligent driving of the driver of the first respondent’s
Bolero Jeep, the accident occurred. With regard to the quantum of
compensation, the original claimant has appeared before the Medical Board to
assess the disability and the Medical Board has assessed the disability of the
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CMA No. 1804 of 2023
original claimant/deceased as 80% and issued Disability Certificate which was
marked as Ex.C1. Considering the age of the original claimant/deceased, the
Tribunal has fixed the monthly income as Rs.7,000/- and considering the nature
of injuries sustained by the original claimant and the disability of the original
claimant, the Tribunal has decided to adopt the multiplier method and as per the
judgment of the Hon’ble Supreme Court of India in the case of Sarla Verma
and others vs. Delhi Transport Corporation and another reported in 2009 (2)
TNMAC 1 (SC), the multiplier “5” was adopted and since the age of the
original claimant was 70 years at the time of accident, no future prospects was
added and accordingly, a sum of Rs.3,36,000/- (Rs.7,000/- 12 5 * 80%) was
awarded under the head of loss of functional disability and also the following
compensation was awarded under the other heads:-
S.No
.
Heads Amount
1 Loss of functional disability Rs.3,36,000/-
2. Pain and sufferings Rs.50,000/-
3 Extra-nourishment Rs.25,000/-
4 Medical Expenses Rs.76,197/-
5 Attender charges Rs.25,000/-
6 Transportation Expenses Rs.25,000/-
7 Loss of amenities Rs.1,00,000/-
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CMA No. 1804 of 2023
Total Rs.6,37,197/-
8. Aggrieved by the same, the legal heirs of the original
claimant/deceased have preferred this appeal seeking enhancement of
compensation.
9. The learned counsel appearing for the appellants would submit that the
Tribunal failed to consider the occupation and income of the original claimant,
who died after the pronouncement of the award by the Tribunal. At the time of
accident, the original claimant/deceased was aged about 60 years and doing
milk business and agriculturist and earned a sum of Rs.25,000/- per month.
While so, a sum of Rs.7,000/- fixed as monthly income of the original
claimant/deceased is not sustainable one. Further, the original
claimant/deceased has appeared before the Medical Board and the Medical
Board has assessed the disability of the original claimant/deceased as 80%,
however, the Tribunal failed to consider the loss of earning capacity as 100% by
considering the age and disability of the original claimant/deceased. The
compensation awarded under the other heads is also very meager and the same
has to be enhanced.
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CMA No. 1804 of 2023
10. Per contra , learned counsel appearing for the second respondent /
Insurance Company submits that since there was no proof produced for the
monthly income of the original claimant/deceased, the Tribunal has rightly
fixed the monthly income of the original claimant/deceased at Rs.7,000/- per
month and considering the nature of injuries sustained by the original
claimant/deceased and the disability assessed by the Medical Board as 80%, the
Tribunal has adopted the multiplier method and the compensation awarded
under the other heads also appears to be just and reasonable and does not
require any interference by this Court. To strengthen his contention, the learned
counsel relied upon the judgment of the Hon’ble Supreme Court of India in the
case of the Oriental Insurance Company Limited vs. Kahlon @ Jasmail Singh
Kahlon (deceased) through his legal representative Narinder Kahlon Gosakan
and another reported in CDJ 2021 SC 551 to show that loss of estate would
include expenditure on medicines, treatment, diet, attendant, Doctor’s fee, etc.,
including income and future prospects which would have caused reasonable
accretion to the estate but for the sudden expenditure which had to be met from
and depleted the estate of the injured, subsequently, deceased.
11. This Court considered the submissions made by both sides and
perused the materials available on record.
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CMA No. 1804 of 2023
12. There is no dispute with regard to the manner of accident and
negligence fastened on the driver of the first respondent’s bolero jeep. It is
relevant to note that the original claimant/deceased appeared before the Medical
Board and the Medical Board has issued Ex.C1/Disability Certificate, wherein,
the disability of the original claimant/deceased was assessed as 80%. A perusal
of Ex.C1 shows that the original claimant/deceased has sustained Grade III
Compound fracture, both bone left leg operated infected implant failed, above
knee amputation done. Considering the nature of injuries and percentage of
disability at 80% assessed by the Medical Board and also considering the
surgery undergone and the duration of treatment taken by the original
claimant/deceased, this Court is of the opinion that the original
claimant/deceased could not able to continue his avocation as Milk Business,
agricultural coolly works which was done prior to the accident and he could not
able to do his day-to-day works without the help of others due to his injuries
and the said injuries will affect his functional disability at the rate of 80% and it
also affects his loss of earning capacity. In such circumstances, the Tribunal has
rightly adopted the multiplier method to compute the compensation under the
head of loss of functional disability. According to the appellants, the original
claimant/deceased was doing milk business and agricultural works and earned a
sum of Rs.25,000/- per month at the time of accident, however, no proof was
produced before the Tribunal. But, considering the fact that the accident took
place in the year 2020 and that at the time of accident, the original
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CMA No. 1804 of 2023
claimant/deceased was aged about 70 years, this Court is inclined to enhance
the monthly income of the original claimant/deceased from Rs.7,000/- to
Rs.13,000/- and accordingly, a sum of Rs.6,24,000/- (Rs.13,000/- 12 5*
80%) is awarded under the head of loss of functional disability.
13. The compensation awarded by the Tribunal under the other heads,
namely, “pain and sufferings, extra-nourishment, medical expenses, attender
charges, transportation expenses and loss of amenities” appears to be just and
proper and does not require any interference by this Court. Accordingly, the
compensation awarded by the Tribunal is modified as under:
S.No Head of
Compensation
Amount
awarded by the
Amount
awarded by
Tribunal
this Court
(Rs)
(Rs)
1. Loss of functional
disability
Rs.3,36,000/- Rs.6,24,000/-
2. Pain and sufferings Rs.50,000/- Rs.50,000/-
3. Extra-nourishment Rs.25,000/- Rs.25,000/-
4. Medical Expenses Rs.76,197/- Rs.76,197/-
5. Attender charges Rs.25,000/- Rs.25,000/-
6. Transportation
Expenses
Rs.25,000/- Rs.25,000/-
7. Loss of Amenities Rs.1,00,000/- Rs.1,00,000/-
Total Rs.6,37,197/- Rs.9,25,197/-
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CMA No. 1804 of 2023
14. In the result, this Civil Miscellaneous Appeal is allowed in part and
the compensation awarded by the Tribunal at Rs.6,37,197/- is hereby enhanced
to Rs.9,25,197/- together with interest @ 7.5% per annum from the date of
filing of claim petition till the date of deposit. The second and third respondents
are directed to deposit the entire award amount now determined by this Court
along with interest and costs, less the amount already deposited, if any, within a
period of six weeks from the date of receipt of a copy of this judgment, to the
credit of M.C.O.P.No.129 of 2020 on the file of the Motor Accidents Claims
Tribunal, Special Sub Court, Tiruvannamalai. On such deposit, each of the
appellants are permitted to withdraw a sum of Rs.3,08,399/- now determined by
this Court, along with interest and costs, by making proper application before
the Tribunal. However, it is made clear that the appellants are not entitled for
interest for the period of delay of 61 days as was ordered by this Court in
C.M.P.No.13312 of 2023 vide order dated 24.07.2023. The appellants are
directed to pay necessary Court fee, if any, on the enhanced compensation. The
other directions issued by the Tribunal with regard to the mode of payment of
compensation remains unaltered. There shall be no order as to costs.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
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CMA No. 1804 of 2023
To
1.The Motor Accident Claims Tribunal,
Special Sub Court, Tiruvannamalai.
2.The Section Officer,
V.R. Section,
High Court,
Chennai.
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CMA No. 1804 of 2023
M.JOTHIRAMAN, J.
ssb
CMA No. 1804 of 2023
30-10-2026
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