M.Raja vs The Managing Director
- Court
- Madras High Court
C.M.A.No.3527 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2026
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
C.M.A.No.3527 of 2026
M.Raja ... Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Division – III, NH-4,
Ponnerikarai, Karaipettai Village & Post,
Kancheepuram. ...Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated
30.03.2022 in MCOP No.982 of 2016 on the file of the Motor Accident
Claims Tribunal, Additional Subordinate Court (FAC), Kancheepuram.
For Appellant : Mr.M.Sivakumar
For Respondent : Mr.T.Chandrasekaran
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C.M.A.No.3527 of 2026
J U D G M E N T
The unsuccessful claimant has preferred this Civil Miscellaneous
Appeal seeking for enhancement of compensation.
2. The claim petition has been filed under Section 166-A of the Motor
Vehicles Act, for the injuries sustained by the claimant in a road accident
that took place on 20.10.2013.
3. According to the claimant, on 20.10.2013 at about 06.30 pm, the
claimant was travelling as pillion rider in a Splendor Plus motorcycle
bearing Registration No TN 21 AK 9281 and proceeding from
Thirupandhiyur towards Suguvarchathram. While he was nearing Molachur
village on Sunguvarchathram to Thiruvallur Highways road, a Tamilnadu
State Transport Corporation bus bearing Registration No TN 21 N 0874
which was driven by its driver in a rash and negligent manner in the same
direction hit behind the claimant’s motorcycle. Due to the said accident, the
claimant was caught in front of the bus and dragged some distance and
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C.M.A.No.3527 of 2026
sustained multiple grievous injuries all over his body.
4. The respondent Transport Corporation has filed a counter statement
wherein it has been stated that they denied the manner of accident. It is also
stated that the driver of the bus started the bus towards Poonamallee, while
nearing in front of Molachur bus stand, the two wheeler which was coming
behind the bus had overtake the bus on the right of the bus was hit by
another two wheeler which was came in front of the bus, which caused the
accident.
5. Before the Tribunal, on behalf of the claimant, the claimant was
examined himself as PW1 and Ex.P1 to Ex.P6 were marked. On behalf of
the respondents, no witness was examined and no documents were marked.
6. Upon appreciation of evidence adduced on either side, the Tribunal
came to a conclusion that the accident had occurred only to due to rash and
negligent act of the driver of the bus.
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C.M.A.No.3527 of 2026
7. With regard to quantum of compensation, the Tribunal considering
Ex.P6/disability certificate issued by the Department of Rehabilitation of the
Disabled, Government of Tamilnadu, which assessed the claimant’s
disability as 65% disability and considering the nature of injuries sustained
by the claimant, adopted multiplier method and awarded compensation of
Rs.8,42,400/- under the head disability. The Tribunal has also awarded
compensation under various other heads as hereunder:
S.No Heads Amount awarded by the
Tribunal
1. Disability 8,42,400/-
2. Attendant charges 5,850/-
3. Loss of income 36,000/-
4. Pain and sufferings 1,00,000/-
5. Transportation 10,000/-
6. Extra nourishment 2,000/-
Total Rs.9,96,250/-
8. Aggrieved over the same, the claimant has preferred this present
appeal seeking for enhancement of compensation.
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C.M.A.No.3527 of 2026
9. The learned counsel for the appellant / claimant would submit that
the appellant appeared before the Medical Board and the Medical Board
assessed the disability of the claimant at 65% permanent disability and the
claimant sustained injuries of “PIRA-ANDP, EM AMD CHEST (L) below
elbow amputation and due to which the claimant have lost entire life and had
lost the job and he is unable to do work. Hence, the compensation towards
permanent disability ought to have been granted by taking disability at
100%. Further would submit that the monthly income of the claimant ought
to have been fixed proportionate to the present lifestyle as well as reasonable
income which is not less than Rs.15,000/- per month. However, the Tribunal
fixed a sum of Rs.6,000/- as notional monthly income, which is very meagre
and the same has to be enhanced.
10. Per contra, learned counsel for the respondent / Transport
Corporation would submit that in the absence of proof of the income of the
claimant, the Tribunal has rightly fixed a sum of Rs.6,000/- as notional
monthly income of the claimant. The Tribunal, considering the nature of
injuries sustained by the claimant, adopted multiplier method and awarded
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C.M.A.No.3527 of 2026
compensation under the head disability, which is proper and reasonable. The
amount awarded by the Tribunal under other heads appears to be reasonable
and does not requires any interference.
11. Heard learned counsel for the appellant, learned counsel for the
respondent and perusal the materials available on record.
12. There is no dispute with regard to the manner of accident and the
negligence fixed on the part of the driver of the offending vehicle. The only
grievance of the claimant is that the notional income of the claimant fixed by
the Tribunal is very meagre and the same has to be enhanced. It is relevant to
note that the accident took place on 20.10.2013, at the time of accident the
claimant was aged about 21 years. According to the claimant, he was
working in L & T Company, Manapakkam, Chennai and was earning a sum
of Rs.15,000/- per month. A perusal of Ex.P5/discharge summary shows that
the claimant was admitted as in-patient in the hospital from 20.10.2013 to
28.11.2013 for about 39 days. A perusal of Ex.P6/disability certificate issued
by the Department of Rehabilitation the Disabled, Government of Tamilnadu
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C.M.A.No.3527 of 2026
reveals that the claimant was assessed at 65% of disability. It is relevant to
note that that claimant sustained injuries PIRA-ANDP, EM AMD CHEST
(L) below elbow amputation. Considering the nature of injuries sustained by
the claimant, the Tribunal has rightly adopted multiplier method for
awarding compensation under the head disability. According to the claimant,
he was working in L & T Company, Manapakkam, Chennai and was earning
a sum of Rs.15,000/- per month. In the absence of proof of income, the
Tribunal fixed a sum of Rs.6,000/- as notional monthly income of the
claimant, which appears to be meagre. Considering the age of the claimant
and that the accident took place in the year 2013, this Court is inclined to fix
a sum of Rs.12,000/- as notional monthly income of the claimant and by
applying the ratio laid down by the Hon'ble Apex Court in National
Insurance Company Ltd vs Pranay Sethi and others reported in 2017 (2)
TNMAC 609 (SC) 40% future prospects has to be added. Considering the
age of the claimant, the Tribunal rightly applied multiplier '18'. The amount
awarded by the Tribunal under the head permanent disability is modified as :
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C.M.A.No.3527 of 2026
Calculation :
Notional income - Rs.12,000/-
Future prospects - 40 %
(12,000/- + 40% = Rs.16,800/-)
16,800/- x 12 x 18 x 65% = Rs.23,58,720/-
Since multiplier method is adopted, the claimant is not entitled to get
compensation under the head loss of income. The compensation awarded by
the Tribunal under other heads appears to be reasonable and proper and does
not require any interference.
13. The following tabular column would show the enhanced amount
awarded by this Court under various heads:
S.No Heads Amount awarded by this
Court
1. Disability 23,58,720/-
2. Attendant charges 5,850/-
3. Pain and sufferings 1,00,000/-
4. Transportation 10,000/-
5. Extra nourishment 2,000/-
Total Rs.24,76,570/-
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14. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.24,76,570/-. This amount shall carry interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit.
15. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.24,76,570/-
iii. The appellant / claimant is directed to pay the court fee for the
enhanced compensation amount, if any, and the Registry is directed to
draft the decree only after the receipt of Court fee.
iv. The respondent / Transport Corporation is directed to deposit the
enhanced compensation amount of Rs.24,76,570/- (less the amount
already deposited) together with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit to the credit of
MCOP No.982 of 2016 on the file of the Motor Accident Claims
Tribunal, Additional Subordinate Court (FAC), Kancheepuram, within
a period of six weeks from the date of receipt of a copy of this
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order/uploading of this order. As per order of this Court in CMP
No.13361 of 2026 dated 29.09.2026, the claimant is not entitled for
any interest on the enhanced compensation for the delay period, if
any.
v. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same on filing appropriate application before the
Tribunal.
26.10.2026
NCC : Yes / No
Index : Yes / No
Speaking Order : Yes / No
mtl
To
1. The Motor Accident Claims Tribunal
Additional Subordinate Court (FAC), Kancheepuram,
2.The Section Officer, VR Section, High Court, Madras.
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C.M.A.No.3527 of 2026
M.JOTHIRAMAN , J.
mtl
C.M.A.No.3527 of 2026
26.10.2026
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