B. RAMANUJAM vs VIJAYA

CMA No. 732 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-09-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 732 of 2024
B. Ramanujam
S/o.Bashyam Reddiyar, Endhur Village,
Tindivanam Tk.
..Appellant(s)
Vs
1. Vijaya
W/o.Sivalingam, 2/11, MEL St,
C.Gengampattu, Japthikariyanthal, Chengam
Tk.
2. New India Insurance Co.Ltd
TP Claim HUB, Divisional Office, 179 J.N.St,
3rd Floor, Puducherry.
..Respondent(s)
Prayer: This Appeal is filed under section 173 of Motor Vehicles
Act, 1988 to enhance the award passed in MCOP.NO. 1599/2019 dated
31.8.2023 on the file of Motor Accident Claims Tribunal at Tindivanam and
enhance the award amount and pass such other or further orders as this Honble
Court.
For Appellant(s): Mr.V.Regunathan
For Respondent(s): Mr. T.Jayaraman for M/S.K.ELANGOO,
FOR R 2
JUDGMENT
The unsuccessful appellant/claimant has filed this appeal seeking to
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CMA No. 732 of 2024
enhance the compensation.
2. According to the claimant on 31.05.2017 when the claimant was
proceeding in his two wheeler bearing registration No.TN-01-XU-780 the first
respondent drove his two wheeler bearing registration No. TN-25-BC7480 in a
rash and negligent manner and came in the opposite direction and dashed
against the claimant/appellant, as a result of which the claimant sustained
injuries all over the body. He was taken to Government Hospital, Tindivanam
and thereafter he was admitted in a private Hospital at Chennai. According to
the claimant, the accident has occurred only due to the negligent of the first
respondent hence the first respondent/ owner of the two wheeler and the second
respondent/Insurer of the two wheeler are jointly liable to pay compensation to
the claimant.
3.The second respondent /Insurance Company has filed a counter
statement wherein they have denied the manner of accident and does not admit
any of the allegations contained in the petition except those that are expressly
and specifically admitted herein and the claimant is put to strict proof of the
same. He further submits that the claimant has not followed the Traffic Rules
and drove the vehicle in a rash and negligent manner and fixing the negligence
on the part of the first respondent is not correct. In the absence of negligence on
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CMA No. 732 of 2024
the part of the first respondent, the second respondent is not liable to pay the
compensation. .
4. On the side of the claimant/appellant, the appellant was examined as
P.W.1 and documents Exs.P1 to P25 were marked. On the side of the second
respondent/Insurance Company no witness have been examined and one
document was marked as Ex.D1.
5. On a analysis of the award of the Tribunal would go to show that the
Tribunal has awarded Rs.5,000/- per percentage for disability and quantified
Rs.75,000/-(Rs.5,000 x 15%) under the head disability; Rs. 54,000/- towards
loss of earnings; Rs.40,000/-towards pain and sufferings; Rs.3,10,049/- towards
medical receipts; Rs.10,000/- towards nutrition; Rs.20,000/- towards damages
of clothes; Rs.10,000/- towards Transport expenses; Rs.24,000/- towards
attender charges. Aggrieved by the award passed by the Tribunal, the appellant
has preferred an appeal challenging the negligence and also the quantum of
compensation awarded by the tribunal.
6. The learned counsel for the appellant/claimant submits that the
Appellant/Claimant sustained injuries all over the body and also sustained facial
injuries, but the tribunal has fixed Rs.5,000/- per disability. He further
submitted that the accident has occurred on 25.02.2017, hence fixing Rs.5,000/-
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CMA No. 732 of 2024
is very low . Further the claimant was admitted in the hospital for more than 17
days and the Tribunal has awarded only Rs.10,000/- towards Transport
expenses and Rs.24,000/- towards attender charges. He further submits that the
amount awarded under other heads are also very meager. Hence, prays to
enhance the award amount by allowing this appeal.
7. Per contra the learned counsel for the second respondent/Insurance
company would submits that at the time of the accident the first respondent was
riding his vehicle with due caution following the traffic rules and the claimant
has drove his vehicle in a rash and negligent manner and caused the accident.
He further submits that considering the nature of injuries sustained by the
appellant, the amount awarded by the Tribunal is proper and reasonable, prays
to dismiss this appeal.
8. This Court considered the rival submissions made on either side and
perused the records carefully.
9. On a perusal of the award passed by the Tribunal it is seen that the
Tribunal appreciating the Medical receipts which is marked as ExP.15 and 16,
has awarded Rs.5,000/- per percentage for disability and quantified Rs.75,000/-
(Rs.5,000 x 15%). Considering the fact that the accident has occurrent in the
year 2017 and considering the cost of living at that time, this Court is inclined to
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CMA No. 732 of 2024
enhance to Rs.7,000/- and Rs.1,05,000/- (Rs.7,000/- x 15%) is awarded under
the head loss of income. Considering the nature of injuries the appellant would
not be able to go for job atleast for a period of 6 months, whereas the Tribunal
has taken only 3 months into consideration and the same is enhanced to
Rs.90,000/- ( Rs.15,000/-x6). It is also seen that the appellant was admitted in
the hospital as in-patient for more than 17 days, hence the amount awarded
under the hear pain and sufferings, , and attender charges are also very meager
and the same is enhanced to Rs.75,000/-,Rs.25,000/-,and Rs. 70,000/-.The
amounts awarded by the Tribunal under the other heads are just and reasonable
and the same are hereby confirmed. Thus, the compensation modified by this
Court is tabulated hereunder :-
S.No Heads of Compensation Amount awarded
by the Tribunal
Amount awarded
by this Court
1 Disability Rs.75,000/- Rs.1,05,000/-
2 Loss of income Rs.54,000/- Rs.90,000/-
3 Pain and sufferings Rs.40,000/- Rs.75,000/-
4 Medical expenses Rs.3,10,049/- Rs.3,10,049/-
5 Nutrition Rs.10,000/- Rs.25,000/-
6 Damages to clothes Rs.2,000/- Rs.2,000/-
7 Transport expenses Rs.,10,000/- Rs.10,000/ -
8 Attender charges Rs.24,000/- Rs.70,000/-
Total Rs.5,25,049/- Rs.6,87,049/-

10. Accordingly, this Civil Miscellaneous Petition stands partly allowed
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CMA No. 732 of 2024
and the award dated 31.08.2023 in MCOP.NO. 1599 of 2019 on the file of
Motor Accident Claims Tribunal at Tindivanam is enhanced and the claimant
are entitled to compensation for Rs.6,87,049/- from the second respondent/
Insurance company along with interest @ 7.5% p.a. from the date of claim
petition till the date of deposit. The second respondent/ Insurance Company
shall deposit the amount enhanced by this Court, 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 order. On such deposit, the claimant is entitled to withdraw the
same on filing appropriate application before the Tribunal.
07-09-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SMN
To.
1. The Motor Accident Claims Tribunal at Tindivanam
2. The New India Insurance Co.Ltd
TP Claim HUB, Divisional Office, 179 J.N.St, 3rd Floor, Puducherry.
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CMA No. 732 of 2024
M.JOTHIRAMAN, J.
SMN
CMA No. 732 of 2024
07-09-2026
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CMA No. 732 of 2024
CMA.No.732 of 2024
M.JOTHIRAMAN,J.
Today, the case is listed under the caption “for being mentioned” at the
instance of the learned counsel appearing for the appellant.
2. Heard the learned counsel for the appellant.
3. It is brought to the notice of this Court that the word “ No costs” have
been omitted in paragraph No.10 of the Judgment of this Court dated
07.09.2026.
4. Considering the submission of the learned counsel appearing for the
appellant, the following correction is hereby made in the Judgment dated
07.09.2026 :-
i) In paragraph No.10 of the last line, after the word
“Tribunal” the words “ No costs” shall stand inserted.
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CMA No. 732 of 2024
M.JOTHIRAMAN,J.,
kkd
5. Registry is directed to carry out the aforesaid corrections and issue
fresh copy of the order to the parties.


02.11.2026
kkd
CMA.No.732 of 2024
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