S.Thangamani, vs G.Kamala Kannan,
- Court
- Madras High Court
C.M.A.No.479 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.479 of 2026
S.Thangamani ... Appellant
Vs.
1. G.Kamala Kannan
2. United India Insurance Company Limited,
Silingai Building,
No.134, Greams Road, Chennai – 600 006. ...Respondents
(first respondent was called absent and set ex parte by the learned Tribunal
on 27.08.2019)
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated
05.02.2024 passed in MCOP No.5631 of 2018 on the file of the Motor
Accident Claims Tribunal, III Small Causes Court, Chennai.
For Appellant : Mr.S.Ravikumar
For R2 : Mr.T.K.Prem Kumar
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C.M.A.No.479 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 of the Motor
Vehicles Act, for the injuries sustained by the claimant in a road accident
that took place on 15.06.2018.
3. According to the claimant, on 15.06.2018 at about 21.00 hrs, when
he was travelling as a passenger in an Auto bearing Registration No TN 07
BK 12212 proceeding from south to north opposite to Indane Gas Agency,
Madhavaram High Road, Chennai, at that time, the rider of the motorcycle
driven in a rash and negligent manner put a sudden break, due to which, the
auto was capsized and the claimant was thrown out and sustained left
proximal humerus fracture and multiple grievous injuries all over his body.
4. The first respondent did not appear before the Tribunal and he was
called absent and was set ex parte.
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C.M.A.No.479 of 2026
5. The second respondent therein has filed a counter statement
wherein they denied the manner of accident.
6. 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 second respondent, RW1 was examined and Ex.R1 & Ex.R2 were
marked. The disability certificate issued by the Medical Board was marked
as Ex.C1.
7. 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 rider of the offending vehicle.
8. With regard to quantum of compensation, considering the disability
assessed by the Medical Board, the Tribunal fixed a sum of Rs.5,000/- per
percentage of disability and awarded a sum of Rs.90,000/- (Rs.5,000/- x 18)
under the head disability. The Tribunal also awarded compensation under
various heads as hereunder :
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C.M.A.No.479 of 2026
S.No Heads Amount awarded by the
Tribunal
1. Disability 90,000/-
2. Pain and sufferings 10,000/-
3. Transportation 2,000/-
4. Extra nourishment 4,000/-
5. Attender charges 300/-
6. Damages to clothes 1,000/-
7. Loss of amenities 1,000/-
8. Loss of earnings 13,000/-
Total Rs.1,21,300/-
9. Aggrieved over the same, the claimant has preferred this present
appeal seeking for enhancement of compensation.
10. The learned counsel for the appellant / claimant would submit that
the Tribunal awarded only Rs.5,000/- per disability and awarded a meagre
sum of Rs.90,000/- towards injuries sustained by the claimant. The accident
had happened only in the year 2018 and therefore the Tribunal should have
awarded atleast Rs.7,000/- per disability. The Tribunal fixed a meagre sum
of Rs.13,000/- per month as notional income of the claimant and the same
has to be enhanced. The compensation awarded under other heads also very
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C.M.A.No.479 of 2026
meagre and hence the same has to be enhanced.
11. Per contra learned counsel for the second respondent / Insurance
Company would submit that upon appreciation of evidence adduced on
either side, considering the nature of injuries sustained by the claimant and
considering the disability assessed by the medical board, the Tribunal had
rightly awarded compensation, which does not require any interference by
this Court.
12. Heard learned counsel for the appellant as well as learned counsel
for the second respondent and perusal the materials available on record.
13. There is no dispute with regard to the manner of accident and the
entire negligence fixed on the part of the rider of the offending vehicle. The
only grievance of the claimant is that fixation of Rs.5,000/- per percentage
of disability has to be enhanced and the compensation awarded under other
heads has to be enhanced. It is seen from records that the accident took place
on 15.06.2018. A perusal of Ex.P3/discharge summary shows that the
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C.M.A.No.479 of 2026
claimant suffered with proximal humerous left. For that injuries, he took
treatment as inpatient on 15.06.2018 in Government Stanley Hospital,
Chennai and no surgery was conducted in the hospital. The claimant was
also referred to the Medical Board to assess his disability due to the
accident. Ex.C1 / disability certificate issued by the Regional Medical
Board, Government Kilpauk Medical College Hospital, Chennai, shows that
the percentage of the permanent disability is 18%. It is relevant to note that
the accident took place in the year 2018 and the age of the claimant was 52
years at the time of accident, considering the same, the Tribunal fixed a sum
of Rs.5,000/- per percentage of disability and the same has to be enhanced.
Considering the year of accident and nature of injuries sustained by the
claimant, this Court is inclined to fix a sum of Rs.6,000/- per percentage of
disability and accordingly, a sum of Rs.1,08,000/- (Rs.6,000/- x 18%) is
enhanced under the head disability.
14. According to the claimant, he was an agriculturist and was earning
a sum of Rs.50,000/- per month at the time of accident. In the absence of
proof of monthly income of the claimant, the Tribunal fixed a sum of
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C.M.A.No.479 of 2026
Rs.13,000/- as notional monthly income of the claimant which is meagre.
Considering the fact that the accident took place on 15.06.2018 and
considering the age of the claimant, this Court is inclined to fix a sum of
Rs.15,000/- as notional monthly income of the claimant. On account of the
accident, the claimant would not have been in a position to attend to his
work atleast for two months. Therefore, (Rs.15,000/- x 2) Rs.30,000/- is
enhanced towards loss of earnings. The compensation awarded by the
Tribunal under the heads pain & sufferings and extra nourishment are
appears to be meagre and the same are enhanced to a sum of Rs.20,000/-
each is enhanced towards pain & sufferings and extra nourishment. The
compensation awarded by the Tribunal under other heads are appears to be
reasonable and proper which does not require any interference.
15. The following tabular column would show the amount enhanced
by this Court under various heads ;
S.No Heads Amount awarded by the
Tribunal
1. Disability 1,08,000/-
2. Pain and sufferings 20,000/-
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C.M.A.No.479 of 2026
S.No Heads Amount awarded by the
Tribunal
3. Transportation 2,000/-
4. Extra nourishment 20,000/-
5. Attender charges 300/-
6. Damages to clothes 1,000/-
7. Loss of amenities 1,000/-
8. Loss of earnings 30,000/-
Total Rs.1,82,300/-
16. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.1,82,300/-. This amount shall carry interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit.
17. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.1,82,300/-.
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 second respondent, the United India Insurance Company Limited,
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C.M.A.No.479 of 2026
Chennai, is directed to deposit the enhanced compensation amount of
Rs.1,82,300/- (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.5631 of 2018 on the
file of the Motor Accident Claims Tribunal, III Small Causes Court,
Chennai, within a period of six weeks from the date of receipt of a
copy of this order/uploading of this order. As per order of this Court in
CMP No.1060 of 2025 dated 20.02.2026 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
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C.M.A.No.479 of 2026
M.JOTHIRAMAN , J.
mtl
To
1. The Motor Accident Claims Tribunal
III Small Causes Court, Chennai.
2.The VR Section, High Court, Madras.
C.M.A.No.479 of 2026
26.10.2026
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