KALPANA DEVI vs GANESH
- Court
- Madras High Court
CMA(MD) No. 250 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 15.09.2026 Pronounced on : 02.11.2026
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
CMA(MD) No. 250 of 2023
CNR:{HCMD013587092017}
and
CMA(MD) No. 251 of 2023
CNR:{HCMD013587162017}
CMA(MD) No. 250 of 2023
Kalpana Devi ..Appellant(s)
Vs
1. Ganesh
2. United India Insurance Company Limited
Through its Divisional Manager,
No.1, Post Office Road,
Palayamkottai.
3. Jakeer
4. Shri Ram General Insurance Company Limited
Through its Branch Manager,
No.8, RIICO, Industrial Area,
Sitapura, Jaipur,
Rajasthan - 302 022. ..Respondent(s)
CMA(MD) No. 251 of 2023
Saroja .. Appellant(s)
Vs
1. Ganesh
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CMA(MD) No. 250 of 2023
2. United India Insurance Company Limited
Through its Divisional Manager,
No.1, Post Office Road,
Palayamkottai.
3. Jakeer
4. Shri Ram General Insurance Company Limited
Through its Branch Manager,
No.8, RIICO, Industrial Area,
Sitapura,
Jaipur,
Rajasthan - 302 022. ..Respondent(s)
PRAYER in CMA(MD) No. 250 of 2023: This Civil Miscellaneous
Appeal has been filed under Section 173 of Motor Vehicle Act, to allow
this appeal and enhance the award amount in MCOP.No. 164 of 2011 on
the file of the Motor Accident Claims Tribunal, (Additional Sub Court),
Tirunelveli dated 29-04-2014.
PRAYER in CMA(MD) No. 251 of 2023: This Civil Miscellaneous
Appeal has been filed under Section 173 of Motor Vehicle Act, to allow
this appeal and enhance the award amount in MCOP.No. 165 of 2011 on
the file of the Motor Accident Claims Tribunal, (Additional Sub Court),
Tirunelveli dated 29-04-2014.
CMA(MD) Nos. 250 & 251 of 2023
For Appellant(s): Mr.T.Selvakumaran (in Both Cases)
For Respondent(s): Mr.C.Jawahar Ravindran for R2
Mr.D.Siva Raman for R4
R1 - Dismised (vide Court Order
Dt.18.02.2026)
(in Both Cases)
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CMA(MD) No. 250 of 2023
COMMON JUDGMENT
The claimants in M.C.O.P. Nos. 164 and 165 of 2011, on the file of
the Motor Accident Claims Tribunal, Additional Subordinate Judge,
Tirunelveli, have filed the present C.M.A.(MD).Nos. 250 and 251 of
2023 respectively, seeking enhancement of the compensation awarded by
the Tribunal by its common award dated 29.04.2014.
2.Facts of the case:
2.1.The claimants were occupants of an Indica car bearing
Registration No.TN- 45-AJ-1155. According to them, while they were
travelling in the said car, it collided with a Qualis car bearing Registration
No. AP 04 G 3969, which was proceeding from south to north. Both
claimants sustained injuries in the accident and filed separate claim
petitions, each seeking compensation of Rs.10,00,000/-.
2.2.In M.C.O.P. No. 164 of 2011, the claimant, Kalpana Devi,
stated that she was pursuing her Ph.D. and sustained grievous injuries,
including injuries to her head and leg. In M.C.O.P. No. 165 of 2011, the
claimant, Saroja, stated that she was a homemaker and that the injuries
sustained in the accident had affected her ability to perform her
household activities.
2.3.The Insurance Company of the Indica car denied the alleged
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CMA(MD) No. 250 of 2023
manner of the accident and contended that the accident occurred due to
the negligence of the driver of the Qualis car. Conversely, the insurer of
the Qualis car denied negligence on the part of its driver and contended
that the accident occurred due to the rash and negligent driving of the
Indica car. It was also pointed out that the claimants' own pleadings
attributed negligence to the driver of the Indica car. Both insurers sought
to avoid liability on the grounds raised in their respective counters.
2.4.Before the Tribunal, P.Ws.1 to 3 were examined and Exs. P1 to
P36 were marked on the side of the claimants. On the side of the
respondents, R.W.1 was examined and Exs. R1 to R4 were marked.
3.Findings of the Tribunal:
3.1.Upon considering the oral and documentary evidence, the
Tribunal fixed negligence on the driver of the Indica car and awarded
compensation of Rs.5,23,242 /- in M.C.O.P. No. 164 of 2011 and
Rs.4,25,426/- in M.C.O.P. No. 165 of 2011, together with interest at 7.5%
per annum.
(i) M.C.O.P. No. 164 of 2011:
Sl.No. Heads Amount (in Rs.)
1 Nutritions 4,000/-
2 Medical expenses 2,73,242/-
3 Attendant charges 4,000/-
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CMA(MD) No. 250 of 2023
4 Pain and Sufferings 50,000/-
5 Partial Permanent disability 1,92,000/-
Total awarded amount Rs.5,23,242/-
(ii) M.C.O.P. No. 165 of 2011:
Sl.No. Heads Amount (in Rs.)
1 Loss of income during the
15,000/-
period of treatment
2 Transportation charges 4,650/-
3 Nutritions 3,000/-
4 Medical expenses 2,59,776/-
5 Attendant charges 3,000/-
6 Pain and Sufferings 30,000/-
7 Partially Permanent disability 1,10,000/-
Total awarded amount Rs.4,25,426/-
3.2.Not being satisfied with the compensation awarded, the
claimants have preferred the present appeals.
4.Submissions of the learned counsel appearing for the
claimant/appellant:
4.1.The learned counsel appearing for Kalpana Devi, the appellant
in C.M.A.(MD). No. 250 of 2023, submitted that she sustained serious
head and left leg injuries. She underwent multiple surgeries, during which
plates, screws and a mesh were placed in her head, resulting in a
permanent distortion of her head. She also sustained a fracture of the tibia
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CMA(MD) No. 250 of 2023
bone in her left leg, which required surgical fixation.
4.2.It was further submitted that, although she was pursuing her
Ph.D. at the time of the accident and subsequently secured employment
as a lecturer, the Tribunal failed to adequately compensate her for pain
and suffering, attendant charges, future medical expenses and the mental
agony and social discomfort arising from the permanent alteration of her
appearance. The learned counsel therefore sought enhancement of
compensation under these heads.
4.3.The learned counsel appearing for Saroja, the appellant in
C.M.A.(MD).No. 251 of 2023, submitted that she was 55 years old at the
time of the accident and was a homemaker. She sustained injuries to both
legs, including fractures of the tibia bones, and also suffered an injury
affecting her left eye. Her permanent disability was assessed at 55%. It
was contended that she underwent multiple surgeries and was unable to
perform her household activities in the same manner as she did before the
accident. The Tribunal had not adequately compensated her for the
permanent disability, pain and suffering and loss of ability to perform
household work.
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CMA(MD) No. 250 of 2023
nd
5.Submission of the learned counsel appearing for the 2 and
th
4 respondents/Insurance Company:
5.1.Per contra, the learned counsel appearing for the Insurance
Companies submitted that the Tribunal had considered the evidence and
awarded just compensation in both cases. It was argued that no additional
material had been produced before this Court to justify enhancement and
that both appeals were liable to be dismissed.
6.This Court considered the rival submissions made by the learned
counsel on either side and perused the materials available on record.
7.Points for determination:
(i)Whether the claimants are entitled to enhancement of
compensation in C.M.A.(MD).Nos. 250 and 251 of 2023?
(ii)If so, what is the just and reasonable compensation payable to
each claimant?
8.Discussion and findings:
8.1.Since the nature of the injuries, the resulting disability and the
consequences suffered by the two claimants are different, their
entitlement to enhanced compensation is considered separately.
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CMA(MD) No. 250 of 2023
9.C.M.A.(MD). No. 250 of 2023 — Kalpana Devi(Claimant)
9.1.Kalpana Devi was pursuing her Ph.D. at the time of the
accident and subsequently secured employment as a lecturer. The records
indicate that she underwent multiple surgeries for the injuries sustained in
the accident. In particular, she sustained a serious head injury requiring
surgical intervention, with mesh, plates and screws inserted. She also
sustained a fracture of the tibia bone in her left leg, which required
fixation with plates and screws.
9.2.Though the claimant subsequently secured employment and the
material placed before this Court does not establish a continuing loss of
income, the absence of such loss does not diminish the seriousness of her
injuries or the pain, suffering and lasting consequences associated with
them. Compensation must reflect the actual consequences of the injuries
and not merely their impact upon earning capacity.
9.3.Having regard to the multiple surgeries and the nature of the
injuries, the compensation towards pain and suffering, originally stated to
be Rs.50,000/-, is enhanced to Rs.1,00,000/-.
9.4.The Tribunal awarded only Rs.4,000/- towards attendant
charges. Considering the nature of the injuries, the surgeries undergone
and the assistance required during the period of treatment and recovery,
the amount under this head is enhanced to Rs.25,000/-.
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9.5.No amount was awarded towards future medical expenses.
Considering the surgical implants, the possibility of further medical
review and the potential need for removal of the plates and screws, a sum
of Rs.1,00,000/- is awarded towards future medical expenses.
9.6.The injuries have also resulted in a lasting distortion of the
claimant's head. Such a consequence cannot be assessed solely in
monetary terms by reference to physical disability or loss of income. The
permanent disfiguration may cause continuing discomfort, mental distress
and social embarrassment. These consequences warrant separate
consideration, provided the award does not duplicate any amount already
granted under another head. Accordingly, a sum of Rs.50,000/- is
awarded towards mental agony and the lasting adverse impact upon her
appearance.
9.7.The compensation awarded to Kalpana Devi, is therefore liable
to be enhanced by the additional amounts as determined above.
10.C.M.A.(MD).No. 251 of 2023 — Saroja (Claimant)
10.1.Saroja was 55 years old at the time of the accident and was a
homemaker. She sustained injuries to both legs, including fractures
involving the tibia bones, and underwent multiple surgeries. Her
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permanent disability was assessed at 55%. Owing to the injuries
sustained, she was unable to perform her usual household activities
during the treatment and recovery period.
10.2.Having regard to the nature of the injuries and the period of
treatment, this Court considers it appropriate to reassess the
compensation under the relevant heads.
10.3.The claimant was unable to attend to her usual household
activities for five months. Taking her monthly contribution towards
household services at Rs.10,000/-, a sum of Rs.50,000/- is awarded
towards loss of household services during the treatment period.
10.4.The Tribunal awarded only Rs.3,000/- towards attendant
charges. Considering the claimant's bilateral leg injuries and the multiple
surgeries undergone, the compensation under this head is enhanced to
Rs.10,000/-.
10.5.The Tribunal awarded Rs.30,000/- towards pain and suffering.
In view of the nature of the injuries, the multiple surgeries and the
suffering undergone by the claimant, the compensation under this head is
enhanced to Rs.50,000/-.
10.6.The Tribunal assessed compensation for permanent disability
at Rs.2,000/- per percentage. Considering the claimant's 55% permanent
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disability, this Court enhances the rate to Rs.3,000/- per percentage.
Accordingly, the compensation under this head is calculated as follows:
55 X Rs.3,000/- = Rs.1,65,000/-
10.7.The compensation awarded under the above heads is therefore
reassessed. The other heads of compensation awarded by the Tribunal
shall remain unchanged, subject to adjustment of any overlapping amount
and verification of the original head-wise award.
11.Conclusion:
11.1.For the foregoing reasons, the compensation awarded by the
Tribunal to the claimant in each MCOP case is re-determined as follows:-
(i) M.C.O.P. No. 164 of 2011:
Amount
awarded by
the Tribunal
Re-quantified
Sl.
Heads
No.
amount by
Status
this Court
(in Rs.)
(in Rs.)
1 Loss of Nutrious 4,000/- 4,000/- Confirmed
2 Medical expenses 2,73,242/- 2,73,242/- Confirmed
3 Attendant charges 4,000/- 25,000/- Enhanced
4 Pain and Sufferings 50,000/- 1,00,000/- Enhanced
5 Partial Permanent
disability
1,92,000/- 1,92,000/- Confirmed
6 Future Medical
expenses
------------ 1,00,000/- Awarded
7 Mental agony and the
lasting adverse impact
------------ 50,000/- Awarded
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CMA(MD) No. 250 of 2023
upon her appearance
Total awarded amount Rs.5,23,242/- Rs.7,44,242/- Enhanced
(ii) M.C.O.P. No. 165 of 2011:
Award in
Rs.Amount
awarded by
the Tribunal
Re-
quantified
amount by
Sl.
Heads
No.
Status
this Court
1 Loss of income during
15,000/- 15,000/- Confirmed
the period of treatment
2 Loss of household
services during the
treatment period
50,000/- Awarded
3 Transportation charges 4,650/- 4,650/- Confirmed
4 Nutrition 3,000/- 3,000/- Confirmed
5 Medical expenses 2,59,776/- 2,59,776/- Confirmed
6 Attendant charges 3,000/- 10,000/- Enhanced
7 Pain and Sufferings 30,000/- 50,000/- Enhanced
8 Partially Permanent
disability
1,10,000/- 1,65,000/- Enhanced
Total awarded amount Rs.4,25,426/- Rs.5,57,426/- Enhanced
12.Result:
12.1.In the result, Both the C.M.A. Nos. 250 and 251 of 2023 are
partly allowed.
12.2.The award in MCOP.No. 164 of 2011 on the file of the Motor
Accident Claims Tribunal, (Additional Sub Court), Tirunelveli dated
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CMA(MD) No. 250 of 2023
29-04-2014 is enhanced from Rs.5,23,242/- to Rs.7,44,242/- and the
award in MCOP.No. 165 of 2011 on the file of the Motor Accident
Claims Tribunal, (Additional Sub Court), Tirunelveli dated 29-04-2014 is
enhanced from Rs.4,25,426/- to Rs.5,57,426/- , together with interest at
the rate of 7.5% per annum from the date of the claim petition.
12.3.The Insurance Company is directed to deposit the enhanced
award amount , after giving credit to the amount already deposited,
together with interest at 7.5% per annum from the date of filing of the
claim petitions, within the period eight weeks from the date of receipt of
a copy of this judgment.
12.4.Upon such deposit, the claimant in each MCOP case is
entitled to withdraw the amount due to her in accordance with law.
There shall be no order as to costs.
02.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AKM
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CMA(MD) No. 250 of 2023
To
1. The Motor Accident Claims Tribunal, (Additional Sub Court),
Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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CMA(MD) No. 250 of 2023
K.K.RAMAKRISHNAN J.
AKM
CMA(MD) No. 250 of 2023
and
CMA(MD) No. 251 of 2023
02.11.2026
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