SEENI MUTHUPANDIAN.A vs SREENADHA REDDY

CMA No. 1855 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 1855 of 2024
CNR: {HCMA010679642024}
Seeni Muthupandian.A ..Appellant(s)
Vs.
1. Sreenadha Reddy
2. IFFCO TOKIO General Insurance Co Ltd.,
No. 128, 4th Floor, IFFCO Bhavan,
Habibullah Road, T.Nagar, Chennai 17. ..Respondent(s)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, to allow the appeal and enhance the compensation in M.C.O.P.
No.1738 of 2020 on the file of the Motor Accidents Claims Tribunal / V Court
of Small Causes, Chennai.
For Appellant(s) : Mrs.Ramya V.Rao
For R1 : Notice dispensed with
For R2 : Mr.K.Poomalai
JUDGMENT
Unsuccessful claimant has preferred the present Civil Miscellaneous
Appeal seeking enhancement of compensation.
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CMA No. 1855 of 2024
2. Claim petition was filed under Section 166 of the Motor Vehicles Act,
1988 and Rule 43 of M.A.C.T ruels, seeking compensation for the injuries
sustained by him, in a road accident.
3. According to the claimant, on 08.08.2020 at about 2.30 p.m., he was
riding a motorcycle bearing Registration No. TN 02 BD 5230 in front of the
Egmore Post Office, at that time, a car bearing Registration No. TN 07 BP
8920, came from the opposite direction on the same road, was driven in a rash
and negligent manner and hit the claimant's two-wheeler. Due to the impact, the
claimant sustained multiple injuries all over his body.
4. The first respondent remained ex parte before the Tribunal.
5. The second respondent/Insurance Company filed a counter statement
denying the manner of the accident.
6. Before the Tribunal, on behalf of the claimant, the claimant himself
was examined as P.W.1 and Exs.P1 to P17 were marked. On the side of the
second respondent, one witness was examined as RW1 and Exs.R1 to R3 were
marked. Disability certificate issued by the Medical Board was marked as
Ex.C1.
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CMA No. 1855 of 2024
7. Upon appreciation of the evidence adduced on either side, the Tribunal
found that the accident had occurred due to the rash and negligent driving of the
driver of the offending vehicle. The Tribunal further found that the driver of the
first respondent's vehicle did not possess a valid driving licence at the time of
the accident and had thereby violated the terms and conditions of the insurance
policy and the provisions of the Motor Vehicles Act. Hence, the Tribunal
directed the second respondent/Insurance Company to pay the compensation to
the claimant, with liberty to recover the same from the first respondent, being
the owner of the offending vehicle. As regards the quantum of compensation,
the claimant appeared before the Medical Board for assessment of his disability.
The Medical Board assessed his permanent disability at 16%. The Tribunal
fixed a sum of Rs.5,000/- for each percentage of disability and accordingly
awarded a sum of Rs.80,000/- under the head of permanent disability. The
Tribunal also awarded compensation under various other heads, as detailed
below :-
S.No. Heads of Compensation Amount awarded by
the Tribunal
1 Disability Rs 80,000/-
2 Medical expenses Rs.2,74,626/-
3 Future medical expenses Rs. 20,000/-
4 Loss of income Rs. 20,000/-
5 Mental agony Rs. 15,000/-
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CMA No. 1855 of 2024
6 Transportation expenses Rs. 10,000/-
7 Nutrition expenses Rs. 1,000/-
8 Damages to clothes Rs. 1,000/-
9 Attender charges Rs. 3,000/-
10 Loss of amenities Rs. 30,000/-
Total Rs.4,83,626/-
rounded off to
Rs.4,83,700/-
8. Aggrieved over the same, the claimant has preferred the present appeal
seeking enhancement of compensation.
9. The learned counsel appearing for the appellant/claimant would
submit that the claimant was working as a driver by profession and had
sustained fractures in both legs, crush injury, hip injury and multiple injuries all
over his body. The Medical Board assessed his permanent disability at 16%.
However, the Tribunal fixed only a sum of Rs.5,000/- per percentage of
disability, which is meagre and warrants enhancement. Further, the Tribunal
ought to have considered that the accident took place on 08.08.2020 and the
notional monthly income of the claimant could not be fixed at less than
Rs.20,000/-. However, the Tribunal fixed the notional monthly income at
Rs.10,000/- and awarded compensation towards loss of income only for a
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CMA No. 1855 of 2024
period of two months, which is inadequate. Hence, the learned counsel seeks
enhancement of the compensation awarded under the relevant heads.
10. Per contra, the learned counsel appearing for the second
respondent/Insurance Company would submit that, considering the nature of the
injuries sustained by the claimant and the period of inpatient treatment, the
Tribunal rightly fixed a sum of Rs.5,000/- per percentage of disability and
awarded compensation accordingly. The Tribunal has also rightly assessed the
compensation under the head of loss of income. Therefore, the award passed by
the Tribunal does not warrant any interference.
11. This Court has considered the submissions made on either side and
perused the materials available on record.
12. There is no dispute with regard to the manner of the accident and the
negligence fixed on the part of the driver of the offending vehicle. A perusal of
Ex.P3/Discharge Summary reveals that, immediately after the accident, the
claimant was admitted to Apollo Hospital and underwent inpatient treatment for
five days, from 08.08.2020 to 12.08.2020. He had also undergone further
treatment at the said hospital, as reflected in the Discharge summary. The
claimant subsequently appeared before a duly constituted Medical Board at
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CMA No. 1855 of 2024
Government Royapettah Hospital, Chennai for assessment of his disability, and
the Medical Board assessed his permanent disability at 16%. In the absence of
any evidence to establish the functional disability or the actual loss of earning
capacity, the Tribunal adopted the percentage method and awarded
compensation at the rate of Rs.5,000/- per percentage of disability.
13. However, this Court is of the view that the amount fixed by the
Tribunal towards permanent disability is inadequate. The accident occurred in
the year 2020. At the time of the accident, the claimant was aged about 33
years and was working as a driver by profession. Considering the nature of the
injuries sustained by him and the permanent disability assessed by the Medical
Board, a sum of Rs.5,000/- fixed by the Tribunal for each percentage of
disability appears to be meagre. Hence, this Court is inclined to enhance the
compensation to Rs.10,000/- per percentage of disability. Accordingly, the
compensation under the head of permanent disability is enhanced to
Rs.1,60,000/- (Rs.10,000/- × 16%).
14. It is relevant to note that the claimant had sustained fractures in both
legs, a crush injury and multiple injuries all over his body. He was admitted as
an inpatient from 08.08.2020 to 12.08.2020. Considering the nature of the
injuries and the treatment undergone by the claimant, a sum of Rs.20,000/-
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CMA No. 1855 of 2024
awarded by the Tribunal towards future medical expenses is inadequate. Hence,
this Court is inclined to enhance the compensation under the said head to
Rs.40,000/-.
15. As regards the loss of income, the Tribunal fixed the monthly income
of the claimant at Rs.10,000/- and awarded compensation for a period of two
months. In the absence of documentary proof of the actual monthly income,
the notional income fixed by the Tribunal is very meagre. Considering the fact
that the accident occurred in the year 2020, the age of the claimant and his
avocation as a driver, this Court is inclined to fix the notional monthly income
at Rs.18,000/-. Further, considering the nature of the injuries sustained and the
period required for recovery, the claimant would not have been in a position to
attend to his regular work for a period of six months. Accordingly, a sum of
Rs.1,08,000/- (Rs.18,000/- × 6 months) is awarded under the head of loss of
income.
16. The Tribunal awarded a sum of Rs.15,000/- towards pain and
suffering, which is also inadequate, considering the nature of injuries sustained
by the claimant. Hence, the same is enhanced to Rs.50,000/-. Further, the
compensation awarded under the heads of transportation expenses, extra
nourishment and attendant charges is also inadequate. Considering the nature of
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CMA No. 1855 of 2024
the injuries and the treatment undergone by the claimant, this Court is inclined
to award a sum of Rs.20,000/- towards transportation expenses, Rs.20,000/-
towards extra nourishment and Rs.15,000/- towards attendant charges. Further,
a sum of Rs.30,000/- awarded under the head of loss of amenities is also
inadequate. Hence, this Court is inclined to enhance the compensation under the
said head to Rs.50,000/-.
17. It is also relevant to note that the Tribunal has awarded compensation
under the head of mental agony. However, considering the nature of injuries
sustained by the claimant and the compensation awarded under the other
relevant heads, this Court is not inclined to award any further compensation
under the said head.
18. In the light of the above discussion, the compensation awarded by the
Tribunal is modified as follows:-
S.No. Heads of Compensation Amount awarded by
this Court
1 Disability Rs 1,60,000/-
2 Medical expenses Rs. 2,74,626/-
3 Future medical expenses Rs. 40,000/-
4 Loss of income Rs. 1,08,000/-
5 Pain and suffering Rs. 50,000/-
7 Transportation expenses Rs. 20,000/-
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CMA No. 1855 of 2024
8 Nutrition expenses Rs. 20,000/-
9 Damages to clothes Rs. 1,000/-
10 Attender charges Rs. 15,000/-
11 Loss of amenities Rs. 50,000/-
Total Rs. 7,38,626/-
rounded off to
Rs.7,39,000/-
19. In the result,
i) The Civil Miscellaneous Appeal is partly allowed.
ii) The compensation amount awarded by the Tribunal by
7,39,000/-
enhancing from Rs.4,83,626/- to Rs. together
with interest @ 7.5% per annum from the date of filing
of claim petition till the date of deposit (except the
period of default, if any).
iii) The second respondent/ Insurance Company is directed
to deposit the entire award amount now determined by
this Court, (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.1738 of 2020 on the file of the Motor
Accident Claims Tribunal/ V Court of Small Causes,
Chennai and thereafter, they are at liberty to recover
the same from the first respondent /owner of the
vehicle in the manner known to law.
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CMA No. 1855 of 2024
iv) On such deposit being made, the claimant is permitted
to withdraw the same with interest and cost by filing
necessary application before the Tribunal.
v) The claimant is directed to pay the Court fee, if required.
vi) The other directions issued by the Tribunal with regard
to the mode of payment of compensation remains
unaltered.
vii)The manner and mode of disbursement of
compensation shall be as per the order of the Tribunal.
There shall be no order as to costs.
30.10.2026
Index : Yes/No
Internet : Yes/No
Speaking : Non Speaking Order
KKD
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CMA No. 1855 of 2024
M.JOTHIRAMAN, J.
KKD
CMA No. 1855 of 2024
30-10-2026
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