G.Duraisamy Naidu vs R.Thilagan

CMA No. 785 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 785 of 2026
CNR: {HCMA010252482026}
G.Duraisamy Naidu
..Appellant(s)
Vs
1. R.Thilagan
2. HDFC ERGO General Insurance Co. Ltd
Third Party Claims, Legal Department,
RR Towers -II, 2nd Floor, No.94/95,
T.V.K. Industrial Estate, Guindy,
Chennai – 600 033.
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to enhance the compensation awarded in the Fair and
Decretal order dated 14.7.2025 passed in MCOP.NO. 2057/2020 on the file of
the Motor Accidents Claim Tribunal (Special Court No.II Motor Accidents
Claims Petitions) Small Causes Court at Chennai.
For Appellant(s): Mr.Amar Dineshbhai Pandiya
For Respondent(s): Mr. M.B.Raghavan
For M/S.M.B.Gopalan Associates, For R2
R1 – No appearance
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CMA No. 785 of 2026
JUDGMENT
Unsuccessful claimant has preferred this appeal seeking enhancement of
compensation passed, vide award dated 14.07.2025 in MCOP.No.2057 of 2020
on the file of the Motor Accidents Claims Tribunal, (Special Court No.II, Motor
Accidents Claim Petitions), Small Causes Court at 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 18.02.2019 at about 09.30 hours
while he was riding Hero Honda Passion Pro Motorcycle bearing Reg.No.TN
20 BF 0654, on Podhaturpet to Kiledhalakuppam Village Road, near old rice
mill at melnedungal, at that time, the rider of TVS Wego Motorcycle bearing
Reg. No.TN-20-CS-4942 drove the motorcycle in a rash and negligent manner
came from opposite direction dashed on claimant’s right leg as a result, the
claimant fell down from the motorcycle and sustained multiple grievous
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. 785 of 2026
5. Before the Tribunal, on behalf of the claimant, the claimant himself
was examined as PW1, the other witnesses were examined as P.W.2 and P.W.3
and Exs.P1 to P18 were marked and Exs C1 to C5 were marked on the side of
the claimant. On behalf of the respondent, R.W.1 was examined and Exs.R1 to
R4 were marked. The Disability Certificates issued by the Medical Board were
marked as Exs.X1 and X2.
6. Upon appreciation of evidence adduced on either side, the Tribunal
concluded that the accident occurred due to the rash and negligent driving of the
rider of the motorcycle. With regard to quantum of compensation, the Tribunal,
considering the nature of injuries sustained by the claimant and that the Medical
Board has assessed the claimant’s permanent disability as 52%, nature of
injuries sustained by the claimant and affected with permanent disability, the
Tribunal has adopted a multiplier method. The Tribunal has fixed a sum of
Rs.11,500/- as the monthly income of the claimant, accordingly awarded the
compensation. The Tribunal has awarded compensation under other heads as
tabulated hereunder:
Heads of Compensation Amount awarded
by the Tribunal
(Rs.)
Medical Expenses -
Transportation 10,000.00
Extra Nourishment 20,000.00
Attender charges 50,000.00
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CMA No. 785 of 2026
Disability [Rs.11,500/-x12x7x52/100] 5,02,320.00
Loss of Income [Rs.11500 x 6] 69,000.00
Pain and Suffering 75,000.00
TOTAL 7,26,320.00
Being aggrieved over the same, the injured claimant has preferred the present
Civil Miscellaneous Appeal seeking enhancement of compensation.

7. The learned counsel appearing for the appellant would submit that the
Medical Board has assessed 52% permanent disability and at the time of
accident, the age of the claimant was 61 years old. The Tribunal fixing the
income of the claimant as Rs.11,500/- is meagre and the same has to be
enhanced. The compensation awarded by the Tribunal towards loss of income,
pain and sufferings, transportation, extra nourishment and attender charges,
appears to be meagre and the same has to be enhanced and also submit that the
Tribunal has not awarded any amount due to medical expenses.
nd
8. Per contra , learned counsel appearing for the 2 respondent /
Insurance Company would submit that on 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.
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CMA No. 785 of 2026
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 rider of the two wheeler. According to the
claimant, the Tribunal fixed the income of the claimant as Rs.11,500/-, which is
meagre and the same has to be enhanced. It seems from records the accident
took place on 18.02.2019, at the time of accident, the age of the claimant was 61
years. The compensation awarded under other heads appears to be meagre and
the same has to be enhanced. According to the claimant, he was doing
agriculturist, earning a sum of Rs.20,000/- p.m., but the monthly income fixed
at Rs.11,500/- per month appears to be meagre and this Court is inclined to
enhance the monthly income as Rs.13,000/- per month as notional monthly
income.
11. It is seen that the claimant appeared before the Medical Board and the
Medical Board has assessed 52% as permanent disability and the Tribunal has
rightly adopted the multiplier method for awarding the compensation under the
head of permanent disability, which does not require any interference. The
claimant was taken treatment as inpatient for 135 days, first the claimant took
first aid at Government Hospital, Tiruttani and then admitted in Ramachandra
Hospital, Porur, as inpatient and he was undergone four surgeries. Between the
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CMA No. 785 of 2026
period 18.02.2019 to 22.02.2019, he undergone major wound Debridement of
right leg and got discharged on 22.09.2026 and got readmitted on the same day
as inpatient and on 28.02.2019, he undergone right and left lower limb parts
painted and draped and right leg dital 1/3rd curettage performed. The claimant
again was admitted on 01.02.2019 as inpatient, and on 02.05.2019, he
underwent right Iliac Crest Bone Grafting and discharged on 18.05.2019. It is
seen from the records that the claimant again admitted on 30.12.2019 as
inpatient and on 09.01.2020, he underwent Bone substitute (stimulan) and got
discharged on 31.01.2020. The claimant underwent four surgeries and hence
the compensation awarded by the Tribunal is requires modification. Thus, the
compensation now determined by this Court is tabulated hereunder:
Heads of Compensation Amount awarded
by this Court (Rs.)
Loss of Income [Rs.13,000/-x 12 x 7
x52/100]
5,67,840.00
Pain and suffering 75,000.00
Transportation 20,000.00
Medical Expenses 5,47,707.00
Extra Nourishment 30,000.00
Loss of income during treatment period Nil
Attender Charges 50,000.00
Loss of Amenities 15,000.00
Damage to clothes and Articles 1,000.00
TOTAL 13,06,547.00
12. In the result, this Civil Miscellaneous Appeal stands partly allowed
and the award dated 14.07.2025 in MCOP.No.2057 of 2020 passed by the
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CMA No. 785 of 2026
Motor Accidents Claims Tribunal, (Special Court No.II Motor Accidents
Claims Petitions) Small Causes Court at Chennai, is modified to the effect that
the claimant is entitled to an enhanced compensation of Rs.13,06,547/-
together with interest @ 7.5. p.a. from the date of claim petition till the date of
nd
deposit. The 2 respondent / Insurance Company is directed to deposit the
enhanced compensation amount now determined by this Court, less amount
already deposited if any, within a period of six weeks from the date of receipt of
this judgment. On such deposit, the claimant is entitled to withdraw the same,
less amount already withdrawn if any, on filing appropriate application before
the Tribunal and on payment of Court fee for the enhanced compensation, if
any. The claimant is not entitled for interest on the enhanced compensation for
the default period. The mode, manner 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
To
1. Motor Accidents Claim Tribunal
(Special Court No.II Motor Accidents Claims Petitions)
Small Causes Court at Chennai.
2. The Section Officer,
V.R. Section, High Court, Chennai.
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CMA No. 785 of 2026
M.JOTHIRAMAN, J.
jv
CMA No. 785 of 2026
02-11-2026
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