NIJAKITH vs T. KRISHNAMOORTHY

CMA No. 2469 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 2469, 2470, 3252 and 3129 of 2021
and
CMP NO. 18506 OF 2021,
CMP NO. 17672 OF 2021
CMA.NO.2469 of 2021
Nijakith
S/o. Mohammed Mydeen, 40, Rahumaniyapuram 5
Th Street, Krishnapuram, Kadaiyanallur,
Tirunelveli.
..Appellant(s)
Vs
1. T. Krishnamoorthy
S/o. Thangamuthu, 1/295-1, Ganapathy Nagar,
Tiruppur.
2. The Sbi General Insurance Co.Ltd.,
2nd Floor, Excellence Ward No (1) Block
No.15, T.S.No.949/10, D.No.194, Race
Course Road, Coimbatore 641018.
..Respondent(s)
CMA No. 2470 of 2021
Shahul Hameed Jaman @ Shahul Hameed
S/o. Ushman, 49d, Ragumaniyapuram 5 Th Street,
Krishnapuram, Kadaiyanallur, Tirunelveli.
..Appellant(s)
Vs
1. T. Krishnamoorthy
S/o. Thangamuthu, 1/295-1, Ganapathy Nagar,
Tiruppur.
2. The Sbi General Insurance Co.Ltd.,
2nd Floor, Excellence Ward No (1) Block
No.15, T.S.No.949/10, D.No.194, Race
Course Road, Coimbatore 641018.
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CMA No. 2469 of 2021
..Respondent(s)
CMA No. 3252 of 2021
Sbi General Insurance Company Limited
2nd Floor, Excellence Ward, No.1(1), Block
No.15, T.S.No.949/10, D.No.194, Race Course
Road, Coimbatore 641 018.
..Appellant(s)
Vs
1. Shahul Hameed Jaman @ Shahul Hameed
Aged 23 Years, S/o.Usman, 49d,
Ragumaniyapuram, 5th Street, Krishnapuram,
Kadayanallur, Tirunelveli 627 759.
2. T.Krishnamoorthy
S/o.Thangamuthu, 1/295-1, Ganapathy Nagar,
Tirupur.
(the 1st Respondent In Mcop Has Been Set-
exparte)
..Respondent(s)
CMA No. 3129 of 2021
Sbi General Insurance Company Limited
2nd Floor, Excellence Ward No.1(1), Block No.15,
T.S.No.949/10 D.No.194, Race Course Road,
Coimbatore-641018
..Appellant(s)
Vs
1. Nijakith
S/o.Mohammed Mydeen, 40,
Ragumaniyapuram, 5th Street, Krishnapuram,
Kadayanallur, Tirunelvelli-627759
(the 1st Respondent In Mcop Has Been Set
Exparte)
2. T.Krishnamoorthy
S/o.Thangamuthu, 1/295-1, Ganapathy Nagar,
Tirupur
..Respondent(s)
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CMA No. 2469 of 2021
CMA No. 2469 of 2021
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act seeking to enhance compensation in Judgment and decree dated
01.04.2021 in MCOP No.495/2018 on the file of the Motor Accidents Claims
Tribunal (Special Subordinate Judge) Erode as prayed for in this Civil
Miscellaneous Appeal.
CMA No. 2470 of 2021
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act to enhance the compensation in Judgment and decree dated
01.04.2021 in MCOP No.486/2018 on the file of the Motor Accidents Claims
Tribunal (Special Subordinate Judge) Erode as prayed for in this Civil
Miscellaneous Appeal.
CMA No. 3252 of 2021
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act to allow the CMA by disallowing the excessive compensation
amount of Rs.10,27,897 payable towards the award dated 01.04.2021 made in
M.C.O.P.No.486/2018 on the file of the MACT, Special Subordinate Judge
Court, Erode.
CMA No. 3129 of 2021
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act to allow the CMA by disallowing the excessive compensation
amount of Rs.17,00,324/- payable towards the award dt. 01.04.2021 made in
MCOP No.495/2018 on the file of the MACT, Special Subordinate Judge Court,
Erode.
For Appellant(s): Mr.R.Nalliyappan
in CMA.Nos.2469 and 2470 of 2021
Mr. P.Suresh Srinivasan
in CMA Nos.3129 and 3252 of 2021
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CMA No. 2469 of 2021
For Respondent(s): Mr.R.Nalliyappan
for R1 in CMA.Nos.3129 and 3252 of 2021
Mr. P.Suresh Srinivasan
for R2 in CMA Nos.2469 and 2470 of 2021

COMMON JUDGMENT
CMA.Nos.2469 and 2470 of 2021 has been filed by the claimants,
namely Nijakith and Shahul Hameed Jaman @ Shahul Hameed, respectively
seeking enhancement of compensation awarded vide common award dated
01.04.2021 in M.C.O.P.Nos.486 and 495 of 2018 on the file of the Motor
Accidents Claims Tribunal (Special Subordinate Judge), Erode. Aggrieved over
the quantum of compensation awarded in the very same award, the Insurance
Company, namely SBI General Insurance Company Limited has preferred
CMA.Nos.3129 and 3252 of 2021.
2. According to the claimants, on 05.02.2018 at about 4.15 p.m., when the
claimant in MCOP.No.495 of 2018, namely Nijakith was riding his Bajaj
Motorcycle bearing Reg.No.TN28 J 0412 along with the claimant in
MCOP.No.486 of 2018, namely Shahul Hameed Jaman as Pillion Rider in 49
Pudur Road to 19 Road, near 46 Pudur Ring Road proceeding in South to North
st
direction, at that time, the 1 respondent therein drove a TATA Indigo Manza
Car bearing Reg.No.TN 39- AW 8688 from East to West direction in a rash and
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CMA No. 2469 of 2021
negligent manner and dashed against the claimants motorcycle, as a result, the
claimants fell down and sustained grievous injuries all over the body.
According to the claimants, soon after the accident, they were admitted in Lotus
Hospital, Erode where they took treatment as in-patient and at the time of
accident they were aged 20 years, studying EEE in an Engineering College at
Uthukuli and they filed the aforesaid claim petitions claiming compensation in a
sum of Rs75,00,000/- and 50,00,000/- respectively.
st
3. Before the Tribunal, the 1 respondent therein / driver cum owner of
Tata Indigo Manz Car was set exparte.
nd
4. The 2 respondent therein / Insurance Company has filed counter
statements denying the averments made in the claim petitions and stated that the
accident occurred only due to the carelessness of the driver of the two wheeler
and the driver of the TATA Indigo car drove the same in a slow and steady
manner, following all the traffic rules and regulations from East to West
direction and at that time, the rider of the two wheeler bearing Reg.No.TN 28 J
0412 driven in a rash and negligent manner came into the line of motion of the
car from South to North direction, entered into the way of car and hit against the
car and caused the accident. Therefore, there is no negligence on the part of the
nd
car driver and hence, the 2 respondent is not liable to pay any compensation to
the claimants.
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CMA No. 2469 of 2021
5. Before the Tribunal, on behalf of the claimants namely, Shahul
Hameed Jaman and Nijakith examined themselves as PW1 and PW2 and one
Dr.JohnGurupatham was examined as PW3 and marked Exs.P1 to P30. On
behalf of the respondent Insurance Company one Krishnamoorthi was examined
as RW1 and no document was marked. The Disability Certificates issued by the
District Medical Boards in respect of the claimants were marked as Exs.C1 and
C2.
6. Upon considering the evidence adduced on either side, the Tribunal
found that the accident occurred due to the rash and negligent driving of the car
and the same has been clearly narrated by the injured claimants themselves as
PW1 and PW2. Though the Insurance Company has contended that the
accident occurred due to the rash and negligent driving of the driver of the two
wheeler, in order to prove the same, they have not examined any witness. With
regard to quantum of compensation, the Tribunal, upon considering the
evidence of PW3 – Doctor who examined the injured claimants and considering
that the claimants are college students aged 20 years at the time of accident,
fixed the notional income of the claimants @ Rs.9,000/- per month, following
the dictum laid down by this Court in Andal v. Avinav Kannan [2019 (1)
TNMAC 54(DB) , The Tribunal, considering the nature of injuries sustained by
the claimants and the percentage of disability as assessed by the Medical Boards
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CMA No. 2469 of 2021
and by applying the ratio laid down by the Hon’ble Apex Court in Sarla Verma
and Others v. Delhi Transport Corporation and Another [2009 (2) TNMAC 1
(SC) and National Insurance Company Limited v. Pranay Sethi and Others
[2017 (2) TNMAC 609 (SC)] awarded compensation under various heads as
under:
MCOP.No.486 of 2018 – in respect of Shahul Hameed Jaman
Heads of Compensation Amount
awarded by the
Tribunal (Rs.)
Loss of Earnings Nil
Transport to Hospital 15,000
Extra Nourishment 10,000
Attender Charges Nil
Future Medical Charges Nil
Damages for Clothes and Articles 3,000
Medical Expenses 2,77,000
Pain and Suffering 1,00,000
Permanent Disability and Loss of Earning Power
(Rs.9,000 + 50% Future Prospects Rs.4500) =
Rs.13,500 x 12 x 32% disability x 18 (Multiplier) =
9,33,120
Rounded off to Rs.9,34,000
9,34,000
TOTAL 13,39,000
MCOP.No.495 of 2018 – in respect of Nijakith
Heads of Compensation Amount
awarded by the
Tribunal (Rs.)
Loss of Earnings Nil
Transport to Hospital 15,000
Extra Nourishment 6,000
Attender Charges Nil
Future Medical Charges Nil
Damages for Clothes and Articles 3,000
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CMA No. 2469 of 2021
Medical Expenses 5,36,000
Pain and Suffering 1,00,000
Permanent Disability and Loss of Earning Power
(Rs.9,000 + 50% Future Prospects Rs.4500) =
Rs.13,500 x 12 x 53% disability x 18 (Multiplier) =
15,45,480
Rounded off to Rs.15,46,000
15,46,000
TOTAL 22,06,000
Being aggrieved over the quantum of compensation, the Insurance Company
has preferred CMA.Nos.3129 and 3252 of 2021. Seeking enhancement of
compensation, the claimants have preferred CMA.Nos.2469 and 2470 of 2021.
7. The learned counsel appearing for the appellant / Insurance Company
in CMA.Nos.3129 and 3252 of 2021 would submit that the Tribunal erred in
awarding exorbitant and excessive compensation with interest @ 9%. p.a. The
Tribunal erred in assessing and fixing functional disability at 53% and 32%
respectively as against the physical disability set out in Exs.C1 and C2 –
Disability Certificates which in any respects in unsustainable. The Tribunal
ought not to have adopted Multiplier Method in the absence of any concrete
evidence to sustain that the claimants have sustained functional disability. The
learned counsel for the appellant would further submit that the Tribunal has
committed an error in fixing Rs.9,000/- as the notional income of the injured /
claimants, non earning persons rather a BE Student, who could complete their
studies after the alleged accident and also erred in adding 50% towards future
prospects.
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CMA No. 2469 of 2021
8. Per contra, learned counsel appearing for the appellants in
CMA.Nos.2469 and 2470 of 2021 / claimants would submit that the Tribunal
committed an error in fixing the notional income of Rs.9,000/- which is very
meagre, since the accident was occurred in the year 2018. The Tribunal failed
to consider that due to the accident, the claimant / Shahul Hameed Jaman
sustained injuries on head, chest, hip fracture, right femur bone fracture and
further suffered with injuries on the whole body. PW3 - Doctor who treated the
injured claimant categorically stated that the claimant suffered with blood clots
on the brain and lungs, under such circumstances, the claimant / Shahul Hameed
Jaman has suffered with memory loss and having breathing problem and
therefore, it is just and necessary to fix 100% disability towards compensation
under disability head. The Tribunal ought to have fixed notional income of the
claimant atleast at Rs.20,000/- instead of Rs.9,000/-. The Tribunal has also
failed to appreciate the evidence of PW3 / Doctor who treated the injured
claimant / Nijakith, has categorically deposed that the claimant is facing
difficulty in chewing and further possibility of frequent infections in the mouth,
skin grafting also done during the course of surgery for the injuries on the right
arm, under such circumstances, the claimant lost his regular life at the young
age and further the claimant will not be in a position to proceed with further
studies and therefore, the Tribunal ought to have fixed 100% disability to award
compensation under disability head and the Tribunal ought to have fixed the
notional income atleast at Rs.20,000/- instead of Rs.9,000/-. To strengthen his
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CMA No. 2469 of 2021
contentions, the learned counsel for the appellants has relied upon the
judgments of the Hon’ble Supreme Court in S.Mohammed Hakkim v. National
Insurance Co. Ltd. & Ors. [2025 INSC 905] and Basanti Devi and another v.
Divisional Manager, The New India Assurance Company Ltd., and Ors [ Civil
Appeal No.7435 – 7436 of 2021 dated 06.12.2021].
9. This Court considered the submissions made on either side and perused
the entire materials available on record.
10. According to the Insurance Company, the Tribunal ought to have
adopted percentage method for calculating loss of disability and in the absence
of proof of functional disability, adopting multiplier method is not proper and
further the Tribunal awarding compensation along with 9% interest is not
proper.
11. With regard to the quantum of compensation fixed by the Tribunal as
regards the claimant Shahul Hameed Jaman, at the time of accident, the
claimant was a college student, the Tribunal has fixed Rs.9,000/- as notional
income and considering the evidence of PW3- Doctor who treated the claimant,
who has categorically deposed that due to the injury sustained by the claimant
in the accident, he has suffered with blood clots on the brain and lungs, memory
loss and having breathing problem. As per Ex.C2-Disability Certificate in
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CMA No. 2469 of 2021
respect of the claimant / Shahul Hameed issued by the Regional Medical Board,
Coimbatore, 32% disability was assessed by the Medical Board. Considering
the fact that at the time of accident, the claimant was a college student, aged
about 20 years, the Tribunal fixed Rs.9,000/- as Notional Income of the injured
claimant and applying the ratio laid down by the Hon’ble Apex Court in Sarla
Verma and Pranay Sethi case (cited supra) , adopted 50% towards Future
Prospects and applying the Multiplier method for permanent disability, has
awarded compensation under the head Disability, which in the considered
opinion of this Court appears to be proper. However, the Tribunal has not
awarded any compensation under the head Attender Charges and Future
Medical Expenses. This Court is of the view that the claimant / Shahul Hameed
has taken treatment as inpatient for 50 days as per Ex.P9 – Discharge Summary,
in such circumstances, the Tribunal ought to have awarded attender charges.
Therefore, this Court is inclined to award a sum of Rs.50,000/- towards
Attender Charges and Rs.50,000 towards Future Medical Expenses. The
Tribunal has also awarded Rs.10,000/- towards Extra Nourishment, which is
very meagre and the same is also enhanced by this Court to Rs.25,000/-.
12. With regard to the quantum of compensation fixed by the Tribunal as
regards the claimant Nijakith, considering the evidence of PW3- Doctor who
treated the claimant has categorically stated that due to the injuries suffered by
the claimant in the said accident, the claimant suffered difficulty in chewing the
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CMA No. 2469 of 2021
food and further possibility of frequent infections in the mouth, Skin Grafting
also done during the course of surgery for the injuries on the right arm, this
Court awards Rs.50,000/- towards Future Medical Expenses. The compensation
awarded under other heads appears to be just and proper. However, the
Tribunal has not awarded any compensation under the head Attender Charges.
This Court is of the view that the claimant / Nijakith has taken treatment as
inpatient and as per Ex.P21 – Discharge Summary, which shows that the
claimant has taken treatment as in-patient for 9 days, in such circumstances, the
Tribunal ought to have awarded attender charges. Therefore, this Court is
inclined to award a sum of Rs.10,000/- towards Attender Charges and
Rs.50,000 towards Future Medical Expenses. The Tribunal has also awarded
Rs.6,000/- towards Extra Nourishment, which is very meagre and the same is
also enhanced by this Court to Rs.25,000/-. However the Tribunal has awarded
that the compensation to be paid along with interest @ 9%, which in the
considered opinion of this Court would not be proper and the same has been
reduced to 7.5% p.a.
13. Thus, the compensation awarded by this Court to both the claimants
are tabulated hereunder:
CMA. No.2470 of 2021 / MCOP.No.486 of 2018 (Shahul Hameed Jaman)
Heads of Compensation Amount
awarded by the
Tribunal (Rs.)
Amount
awarded by
this Court
(Rs.)
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CMA No. 2469 of 2021
Loss of Earnings Nil Nil
Transport to Hospital 15,000 15,000
Extra Nourishment 10,000 25,000
Attender Charges Nil 50,000
Future Medical Charges Nil 50,000
Damages for Clothes and Articles 3,000 3,000
Medical Expenses 2,77,000 2,77,000
Pain and Suffering 1,00,000 1,00,000
Permanent Disability and Loss of Earning
Power (Rs.9,000 + 50% Future Prospects
Rs.4500) = Rs.13,500 x 12 x 32% disability
x 18 (Multiplier) = 9,33,120
Rounded off to Rs.9,34,000
9,34,000 9,34,000
TOTAL 13,39,000 14,54,000
CMA.No.2469 of 2021 / MCOP.No.495 of 2018 – in respect of Nijakith
Heads of Compensation Amount
awarded by the
Tribunal (Rs.)
Amount
awarded by
this Court
(Rs.)
Loss of Earnings Nil Nil
Transport to Hospital 15,000 15,000
Extra Nourishment 6,000 25,000
Attender Charges Nil 10,000
Future Medical Charges Nil 50,000
Damages for Clothes and Articles 3,000 3,000
Medical Expenses 5,36,000 5,36,000
Pain and Suffering 1,00,000 1,00,000
Permanent Disability and Loss of Earning
Power (Rs.9,000 + 50% Future Prospects
Rs.4500) = Rs.13,500 x 12 x 53% disability
x 18 (Multiplier) = 15,45,480
Rounded off to Rs.15,46,000
15,46,000 15,46,000
TOTAL 22,06,000 22,85,000
14. In the result, these Civil Miscellaneous Appeals are partly allowed
and the compensation awarded by the Motor Accidents Claims Tribunal,
Special Subordinate Judge Court – Erode dated 01.04.2021 in M.C.O.P.Nos.486
/ 2018 and 495 / 2018 are modified as above. The enhanced compensation
amount shall be payable by the Insurance Company to the respective claimants
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CMA No. 2469 of 2021
together with interest @ 7.5 % p.a. from the date of claim petition till the date of
deposit, except the default period, less amount already deposited, if any, before
the Tribunal within a period of four weeks from the date of receipt of a copy of
this orders. On such deposit, the claimants are entitled to withdraw the same,
after adjusting the amount, if any, already withdrawn, on filing appropriate
application before the Tribunal. The claimants are directed to pay necessary
Court fee, if any, on the enhanced compensation. The manner and mode of
disbursement of compensation shall be as per the order of the Tribunal. No
costs. Consequently, connected miscellaneous petitions are closed.
31-08-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jvm
To
The
Motor Accidents Claims Tribunal,
Special Subordinate Judge Court – Erode
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CMA No. 2469 of 2021
M.JOTHIRAMAN J.
Jvm
CMA No. 2469, 2470, 3129 and 3252 of 2021
AND
CMP NO. 18506 OF 2021,
CMP NO. 17672 OF 2021
31-08-2026
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