THE BRANCH MANAGER, vs GAJENDIRAN,
- Court
- Madras High Court
CMA(MD) No. 268 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On 24.09.2026
Pronounced On 02.11.2026
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CMA(MD) NO. 268 of 2019
{CNR: HCMD010303002019} Case
QR
and
CMP (MD) No. 3756 of 2019
The Branch Manager,
Cholamandalam General Insurance Co.Ltd.,
II Floor, Dare House,
No.2, NSC Bose Road,
Chennai. ... Appellant
Vs.
1.Gajendiran
2. R.Gnanasambandam ... Respondents
PRAYER:- Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicle Act, 1988, to set aside the fair and decreetal order dated 08.10.2018
made in M.C.O.P. No.1160 of 2017 on the file of Motor Accidents Claims
Tribunal, Special Sub Court, Thanjavur.
For Appellant : Mrs.K.R.Shiva Shankari
For Respondents : No Appearance for R1 and R2
1/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
J U D G M E N T
The second respondent before the Motor Accidents Claims Tribunal-cum-
Special Sub Judge, Thanjavur, in M.C.O.P. No. 1160 of 2017, have filed the
present CMA.(MD).No.268 of 2019, challenging the award dated 08.10.2018
passed in the said claim petition.
2.Facts of the case:
2.1.The claimant filed the claim petition under Section 166 of the Motor
Vehicles Act, seeking compensation of Rs.15,00,000/- in respect of the injuries
sustained by him in a road traffic accident that occurred on 09.07.2017 at about
9.30 a.m. According to the claimant, he was working as a Line - Inspector in the
Electricity Board. On the date of the accident, while he was walking from east
to west on the Thanjavur–Nagapattinam Main Road near Kovilur Bus Stand, the
offending vehicle bearing Registration No. TN-22-BH-7666, insured with the
appellant-Insurance Company, was driven by its driver in a rash and negligent
manner and dashed against him.
2.2.Due to the impact, the claimant sustained injuries to his right
shoulder, right hand, right leg and foot, besides an injury affecting his right eye.
He was admitted in the Government Hospital, Thanjavur, and underwent
treatment. Claiming that he had sustained permanent disability and incurred
2/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
substantial expenditure towards treatment, he sought compensation.
2.3.The appellant-Insurance Company filed its counter disputing the
manner of the accident, the nature and extent of the injuries and the quantum of
compensation claimed. It was also contended that the driver of the insured
vehicle did not possess a valid driving licence and, therefore, the Insurance
Company was not liable to satisfy the award.
2.4.Before the Tribunal, the claimant examined himself as P.W.1 and
examined another witness as P.W.2 and Exs.P1 to P18 were marked, including
the disability certificate, on the side of the claimant.
3.Findings of the Tribunal:
3.1.Upon consideration of the oral and documentary evidence, the
Tribunal held that the accident occurred due to the rash and negligent driving of
the offending vehicle and awarded a sum of Rs.3,91,832/- as compensation on
the following heads, together with interest at the rate of 7.5% per annum from
the date of the claim petition.
Sl.
No.
Heads Amounts in Rs.
1 Partly Permanent
Disability
1,45,800/-
2 Pain and Sufferings 1,00,000/-
3 Loss of Amenities 1,00,000/-
3/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
4 Medical Expenses 13,064/-
5 Extra Nourishment 10,000/-
6 Attender Charges 10,000/-
7 Transport Expenses 12,968/-
Total Compensation Awarded Rs.3,91,832/-
3.2.Aggrieved by the quantum of compensation, the Insurance Company
has preferred the present appeal.
4.Submission of the learned counsel appearing for the
appellant/Insurance Company:
4.1.The learned counsel appearing for the appellant-Insurance Company
submitted that the claimant, admittedly being a Lineman, had resumed his
employment after the accident and continued to discharge his duties. Therefore,
the Tribunal ought not to have awarded compensation under the various heads
to the extent granted. It was contended that the award of Rs.3,91,832/- was
excessive and contrary to the principles laid down by the Hon'ble Supreme
Court governing assessment of compensation.
5.Though notice has been served on the respondents/claimants, there is no
representation on their behalf.
6.This Court considered the rival submissions and perused the materials
available on record.
4/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
7.Discussion and negligence:
7.1.At the outset, this Court finds that the claimant is an injured witness.
His evidence is required to be considered along with Ex.P1-FIR and the other
contemporaneous materials available on record. On such consideration, this
Court finds no reason to interfere with the finding of the Tribunal that the
accident occurred due to the rash and negligent driving of the offending vehicle.
Accordingly, the finding on negligence is hereby confirmed.
7.2.As regards the injuries, P.W.1 has clearly deposed about the injuries
sustained by him and the treatment undergone by him. The materials on record
disclose injuries to the right leg, right shoulder and right eye. The Tribunal has
also taken into consideration Ex.P18-disability certificate, under which the
partial permanent disability was assessed at 28% under the bone fracture and the
permanent disability was assessed of 30% under the eye vision. Totally,
disability to the claimant of 48.6%.
7.3.Having regard to the nature of the injuries and the evidence on record,
this Court finds no reason to interfere with the sum of Rs.1,45,800/- awarded
towards permanent disability. Likewise, the amount of Rs.1,00,000/- awarded
towards pain and suffering is also found to be reasonable. The amounts awarded
towards medical expenses, extra nourishment, attendant charges and
transportation are also supported by the materials on record and do not warrant
5/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
interference.
7.4.However, insofar as the amount awarded towards loss of amenities is
concerned, the Tribunal has awarded a sum of Rs.1,00,000/-. Having regard to
the overall compensation awarded under the other heads and the evidence
regarding the claimant's continuing employment, this Court is of the view that
the said amount is slightly excessive. Hence, the amount awarded towards loss
of amenities is reduced from Rs.1,00,000/- to Rs.75,000/-.
8.Conclusion:
8.1.Accordingly, the compensation awarded by the Tribunal is hereby
modified as follows:
Sl.No Heads Amount
awarded by
the Tribunal
(Rs.)
Re-quantified
amount by
this Court
(Rs.)
Status
1 Partly
Permanent
Disability
1,45,800/- 1,45,800/- Confirmed
2 Pain and
Sufferings
1,00,000/- 1,00,000/- Confirmed
3 Loss of
Amenities
1,00,000/- 75,000/- Reduced
4 Medical
Expenses
13,064/- 13,064/- Confirmed
5 Extra
Nourishment
10,000/- 10,000/- Confirmed
6 Attender 10,000/- 10,000/- Confirmed
6/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
Charges
7 Transport
Expenses
12,968/- 12,968/- Confirmed
Total 3,91,832/- 3,66,832/- Reduced
9.Result:
7/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
9.1.In the result, the C.M.A.(MD).No.268 of 2019 is partly allowed.
9.2.The award dated 08.10.2018 passed in M.C.O.P. No.1160 of 2017 on
the file of Motor Accidents Claims Tribunal, Special Sub Court, Thanjavur is
modified and the compensation is reduced from Rs.3,91,832/- to Rs.3,66,832/-,
together with interest at the rate of 7.5% per annum from the date of the claim
petition.
9.3.The appellant-Insurance Company is directed to deposit the reduced
award amount of Rs.3,66,832/- , together with interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit, after adjusting
the amount, if any, already deposited, within a period of eight weeks from the
date of receipt of a copy of this judgment.
9.4.On such deposit, the claimant is entitled to withdraw the entire
amount. If the appellant has deposited any amount in excess of the modified
award, it is at liberty to withdraw the excess amount.
There shall be no order as to costs. Consequently, connected civil
miscellaneous petition is closed.
02.11.2026
NCC :Yes/No
8/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
CMA(MD) No. 268 of 2019
Index :Yes/No
Internet :Yes/No
aas
To
Motor Accident Claims Tribunal,
1.The
The Special Sub Court, Thanjavur.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
9/10
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )
K.K.RAMAKRISHNAN,J.
aas
C.M.A.(MD).No.268 of 2019
https://www.mhc.tn.gov.in/judis
( Uploaded on: 02/11/2026 10:19:10 pm )