Akash vs Rashid

CMA No. 3591 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3591 of 2026
CNR:{HCMA011055812026}
AND
CMA NO. 3593 OF 2026
1. Akash
S/o.Rajappa alias Rajappan,
No.48 Somadale Estate,
Solur, Dunsandal Post,
Ooty, Nilgiris District.
2. Minor Krithish
s/o.Krishnamoorthy,
13/47H, Tantea, Naduvattam,
Uthagamandalam, Nilgiris District.
Minor II Appellant rep by next friend, Guardian
mother Pushpavathi.
3. Sudha
W/o.Mayan,
Rest.at D.No.111C/4,
Kanneri Mooku, Kokkal -Post, Solur,
Uthagamandalam, Nilgiris District.
4. Mayan
S/o.Rangasamy,
Rest.at D.No.111C/4,
Kanneri Mooku,
Kokkal -Post, Solur,
Uthagamandalam, Nilgiris District.
..Appellant(s)
Vs
1. Rashid
(Driver), S/o.Abdul Salam,
Tholichi House,
Poithumkadavu, Azhikode Post,
Kannur District, Kerala 670 331.
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CMA No. 3591 of 2026
2. K.T.Muhammed Kunhi (Owner)
M/s.K.T.J Tours and Travels,
Near Cherkukunnu Girls High School,
Kannur Dist. Kerala 670 331.
3. Oriental Insurance Co.Ltd.,
A 25/27 Asaf Ali Road,
New Delhi 110 002,
Rep. by its Branch Manager.
..Respondent(s)
CMA No. 3593 of 2026
CNR:{HCMA011055822026}
1. Pushbavathi
W/o.Krishnamoorthy (Late),
D.No.130B, Kanneri Mooku,
Solur, Nilgiris District.
2. Minor Krithish
S/o.Krishnamoorthy,
13/47H, Tantea, Naduvattam,
Uthagamandalam, Nilgiris Dist.
Minor II Appellant rep by next friend, Guardian
mother Pushpavathi.
3. Sudha
W/o.Mayan,
Rest.at D.No.111C/4,
Kanneri Mooku,
Kokkal -Post,
Solur,
Uthagamandalam,
Nilgiris Dist.
4. Mayan
S/o.Rangasamy,
Rest.at D.No.111C/4,
Kanneri Mooku, Kokkal -Post,
Solur, Uthagamandalam,
Nilgiris Dist.
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CMA No. 3591 of 2026
..Appellant(s)
Vs
1. Rashid
(Driver),S/o.Abdul Salam,
Tholichi House,
Poithumkadavu, Azhikode Post,
Kannur Distr., Kerala 670 331.
2. K.T.Muhammed Kunhi (Owner)
M/s.K.T.J Tours and Travels,
Near Cherkukunnu Girls High School,
Kannur Dist.,
Kerala 670 331.
3. Oriental Insurance Co.Ltd.,
A 25/27 Asaf Ali Road,
New Delhi 110 002,
Rep. by its Branch Manager.
..Respondent(s)
CMA No. 3591 of 2026
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to enhance the award amount in MCOP.No.7 of
2023 passed by Motor Accidents Claims Tribunal, Subordinate Judge,
Udhagamandalam, by its order dated 28.03.2025.
CMA No. 3593 of 2026
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to enhance the award amount in MCOP.No.8 of
2023 passed by Motor Accidents Claims Tribunal, Subordinate Judge,
Udhagamandalam, by its order dated 28.03.2025.
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CMA No. 3591 of 2026
For Appellant(s): Mrs.P.T.Saleem Fathima
in both the Appeals.
For Respondent(s): M/s. K.J. Siva Kumar for R3
COMMON JUDGMENT
Unsuccessful claimants have preferred this appeal seeking enhancement
of compensation, vide common award dated 28.03.2025 passed in MCOP.Nos.7
and 8 of 2023 on the file of the Motor Accidents Claims Tribunal, Subordinate
Judge at Udhagamandalam. CMA.No.3591 of 2026 has been preferred,
aggrieved over the award passed in MCOP.No.7 of 2023 with regard to injury
case. CMA.No.3593 of 2026 has been preferred, aggrieved over the award
passed in MCOP.No.8 of 2023 with regard to fatal case. Claim Petitions in
MCOP.Nos.7 and 8 of 2023 have been filed under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation for the injury sustained by the
claimant / injured and by the defendants of the deceased for the death of one
Krishnamoorthy, who died in a road accident. Both the MCOPs were tried
jointly and common award has been passed by the Tribunal.
2. According to the claimant, on 24.01.2023 at about 19.00 house, the
claimant in MCOP.No.7 of 2023 travelled as a pillion rider in the Scooty
bearing Reg.No.TN 43 K 6622, driven by the deceased Krishnamoorthy, on
th
Pakkapuram to Gudalur 16 mail near Indira Nagar on the extreme left side of
st
the road. At that time the 1 respondent drove the Mini bus bearing Reg.No.KL
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CMA No. 3591 of 2026
13 Z 1333 from Ooty to Gudalur Opposite direction, came in the wrong side in
a rash and negligent manner and dashed against the claimant’s Scooty and they
fell down on the road. Due to the accident, the claimant sustained multiple
injuries all over the body and the deceased Krishnamoorthy died on the spot.
3. According to the claimant in MCOP.No.7 of 2023, he studied ITI
(Mechanic) and at the time of accident, he was working as a Plumber at Solur
Panchayat Office, earning a monthly income of Rs.12,000/- from cultivating the
leased property and earned a sum of Rs.1,00,000/- per year and he was also
doing part time work, earning a sum of Rs.10,000/- per month.
4. According to the claimants in MCOP.No.8 of 2023, the deceased
Krishnamoorthy studied ITI (Fitter) and at the time of accident, he was working
as Fitter at Solur Pachayat, earning a monthly income of Rs.12,000/- and from
cultivating the leased property earned a sum of Rs.1,00,000/- per year and he
was also doing part time work earning a sum of Rs.10,000/- per month. At the
time of accident, the deceased was aged about 34 years.
st
5. Before the Tribunal, on behalf of the claimants, the 1 claimant in
MCOP.No.8 of 2023 was examined as PW1, the claimant in MCOP.No.7 of
2023 was examined as PW2, one Nandhakumar was examined as PW.3 and one
Arshad was examined as PW4 and Exs.P1 to P35 were marked. On the side of
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CMA No. 3591 of 2026
the respondents, neither any witness was examined nor any document was
marked. Exs.X1 to X5 were marked on the witness side.
6. Upon appreciation of evidence adduced on either side, the Tribunal
found that the accident occurred due to the rash and negligent driving of the
driver of the offending vehicle. With regard to the quantum of compensation in
MCOP.No.7 of 2023, the claimant appeared before the Medical Board, where
the Medical Board had given Nil disability report stating that the claimant has
no disability. The Tribunal, considering the nature of injuries sustained by the
claimant and the number of days he has undergone treatment as in-patient,
awarded compensation under various heads as tabulated hereunder:
Heads of Compensation Amount awarded
by the Tribunal
(Rs.)
Loss of Income 23,000
Attender Charges 10,000
Transportation Charges 10,000
Damages to Cloths and Articles 5,000
Pain and Suffering 50,000
Loss of Amenities 30,000
Extra Nourishment 10,000
Medical Expenses 3,07,046
TOTAL 4,45,047
Being aggrieved over the same, the claimant has preferred CMA.No.3591 of
2026, seeking enhancement of compensation.
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CMA No. 3591 of 2026
7. With regard to the quantum of compensation in MCOP.No.8 of 2023,
the Tribunal fixed the notional income of the deceased at Rs.11,050/- per
month, added 40% towards Future Prospects, applied the Multiplier “16”
rd
considering the age of the deceased and deducted 1/3 towards personal and
living expenses of the deceased based on the number of the dependents and
awarded a sum of Rs.19,80,288/- towards Loss of Dependency. The Tribunal
has also awarded compensation under various other heads as hereunder:
Heads of Compensation Amount awarded by
the Tribunal (Rs.)
Loss of Dependency
[11,050 + 40%] x 12 x 16 x 2/3
19,80,288
Loss of Spousal Consortium 48,000
Loss of Parental Consortium 48,000
Loss of Filial Consortium (48,000 x 2) 96,000
Loss of Estate 18,000
Funeral Expenses 18,000
Transportation Charges 5,000
Damages to Clothes and Articles 10,000
TOTAL 22,23,288
Being aggrieved over the same, the dependents of the deceased filed
CMA.No.3593 of 2026, seeking enhancement of compensation.
8. The learned counsel appearing for the appellant / claimant in
CMA.No.3593 of 2026 would submit that the Tribunal erred in fixing the
monthly income of the deceased only at Rs.11,050/- for the accident took place
in the year 2023 and ought to have fixed higher income considering the
fluctuations in price index. As per Ex.P18- Wireman Certificate and Ex.P20 –
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CMA No. 3591 of 2026
Account Statement, which clearly proves that the deceased was working as
Wireman, ought to have fixed higher monthly income and awarded higher
amount for loss of pecuniary benefits. The Tribunal failed to consider the fact
that the deceased was the sole breadwinner of the family consisting of 5
persons, who are aged parents and minor children and erred in fixing
Rs.11,050/- without considering the age of the deceased at the time of accident
and the cost of living.
9. The learned counsel appearing for the appellant in CMA.No.3591 of
2026 would submit that the Tribunal has failed to consider Ex.P25 – Discharge
Summary, wherein it has been stated that the appellant / claimant had sustained
Fracture of Right Parasymphysis and left Sub Condyle of Mandible, Right
Frontal Lobar Tiny Contusion, Right High Parietal Lobar Tiny Contusion, Left
Sphenotemporal Fracture, Anterior Skull Base Fracture, Right Frontal Structure
and Left Temporo Occipital Lobar Contusion and he had taken treatment as
inpatient for 11 days, surgery was done and screws planted. The compensation
awarded by the Tribunal under Attender Charges, Loss of Amenities, Pain and
Sufferings are very meagre and the same has to be enhanced. The Tribunal
having found that the appellant sustained fractures and underwent surgeries and
implant were planted, erred in fixing Rs.11,500/- as notional income of the
injured and erred in awarding compensation only for 2 months and the same has
to be enhanced.
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CMA No. 3591 of 2026
rd
10. Per contra , learned counsel appearing for the 3 respondent /
Insurance Company would submit that the claimants have chosen to examine
PW4, who is the employer of the deceased and PW4 categorically deposed that
the claimant in MCOP.No.7 of 2023 was working as temporary plumber in
Neelamalai Men Self Help Group and earned Rs.425 /- per day and he will have
work for a maximum of 26 days and arrived at a sum of Rs.11,050/-, as the
monthly income of the claimant, which appears to have just and reasonable and
does not require any interference. Mere filing of bank statement is not sufficient
to fix the monthly income of the claimants. The claimants appeared before the
Medical Board, which assessed the disability and issued NIL report and upon
considering the nature of injuries sustained by the injured claimant, the
compensation awarded towards Loss of Income, Pain and Suffering,
Transportation Charges, Attender Charges appears to be reasonable and proper
and does not require any interference. In the absence of proof of monthly
income, the Tribunal has relied upon the evidence of PW4, who has
categorically deposed that the deceased Krishnamoorthy was working as
temporary waterman in Neelamalai Men Self Help Group and earned Rs.425/-
per day and he will have work for a maximum of 26 days and arrived at a sum
of Rs.11,050/-, as the monthly income of the claimant, which appears to be just
and reasonable and does not require any interference. Though the claimants
have stated that the deceased was earning more than Rs.20,000/- per month by
doing agriculture and fitter work and in the absence of proof of monthly
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CMA No. 3591 of 2026
income, the Tribunal considering the evidence of PW4, has rightly fixed the
monthly income of the deceased at Rs.11,050/- per month, which appears to be
reasonable and proper and does not require any interference.
11. This Court considered the submissions made on either side and
perused the entire materials available on record.
12. There is no dispute with regard to the manner of accident and
negligence fixed on the driver of the offending vehicle.
13. With regard to the quantum of compensation awarded to the injured
claimant in MCOP.No.7 of 2023, according to the claimant, he was working as
Plumber at Solur Panchayat Office and gets agricultural income in his own land
and in lease land and was earning a sum of Rs.12,000/- per month as Plumber
and Rs.10,000/- per month through part time plumber and earns Rs.1,00,000/-
through agriculture at the time of accident. In order to prove the monthly
income, the claimant has relied upon the evidence of PW4, who is an employer
of the injured claimant. PW4 has categorically deposed that the injured
claimant was working as temporary plumber in Neelamalai Men Self Help
Group and earned Rs.425/- per day and he will have work for the maximum of
26 days per month. In order to substantiate the monthly income of the injured
claimant, the claimant has relied upon Ex.P31 – Bank Account Statement. On
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CMA No. 3591 of 2026
perusal of Ex.P31 – it reveals that on 09.06.2022, a sum of Rs.11,050/- was
credited to his account and subsequently Rs.30,000/- on 14.06.2022, Rs.3,000/-
on 15.06.2022, Rs.10,000/- on 25.06.2022, Rs.11,050/- on 06.07.2022,
Rs.13,000/- on 13.07.2022, Rs.3,000/- on 15.07.2022, Rs.12,000 on 20.07.2022
and a sum of Rs.3,000/- was credited on 20.07.2022 to the said bank account.
A further perusal of Ex.P31 reveals that on various dates within the month of
June 2022, on four occasions amounts were credited and similarly during July
2022, on five occasions amounts were credited to the said bank account. In
order to prove the amount credited in Ex.P31- Bank Statement, the appellant /
injured claimant has not chosen to examine any independent witness to
substantiate that he had several source of income. In the absence of relevant
proof for the source of income, the Tribunal has rightly fixed the monthly
income of the deceased at Rs.11,050/- per month, which appears to be
reasonable and proper and does not require any interference.
14. A perusal of Ex.P25 – Discharge Summary revealed that the appellant
/ claimant in MCOP.No.7 of 2023, sustained Fracture of Right Parasymphysis
and left Sub Condyle of Mandible, Right Frontal Lobar Tiny Contusion, Right
High Parietal Lobar Tiny Contusion, Left Sphenotemporal Fracture, Anterior
Skull Base Fracture, Right Frontal Structure and Left Temporo Occipital Lobar
Contusion and he had taken treatment as inpatient for 11 days, surgery was done
and screws planted and even at the time of discharge, he was advised to take
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CMA No. 3591 of 2026
medicine and follow up. A perusal of Ex.P25 – Discharge Summary further
reveals that the appellant sustained head injuries and several fractures on head,
mandible fracture and surgery done. Considering the nature of injuries
sustained by the claimant, the Tribunal awarding compensation for Loss of
Income for 2 months appears to be meagre and this Court is inclined to award
compensation under the head Loss of Income at least for 6 months.
Accordingly, the compensation awarded under Loss of Income, now modified
by this Court, comes to Rs.66,300/- [Rs.11,050 x 6].
15. The compensation awarded by the Tribunal under Extra Nourishment
for a sum of Rs.10,000/- appears to be meagre and this Court is inclined to
enhance the same to Rs.50,000/-. Similarly, the Transportation Charges
awarded by the Tribunal for a sum of Rs.10,000/- appears to be meagre and the
same is enhanced to Rs.20,000/-. The compensation awarded by the Tribunal
under the heads Pain and Sufferings, Loss of Amenities, Attender Charges and
Damages to clothes appears to be just and reasonable and does not require any
interference. Thus, the compensation awarded by the Tribunal in MCOP.No.7
of 2023, as modified by this Court is tabulated hereunder:
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CMA No. 3591 of 2026
Heads of Compensation Amount awarded
by this Court
(Rs.)
Loss of Income [Rs.11,050 x 6] 66,300
Attender Charges 10,000
Transportation Charges 20,000
Damages to Cloths and Articles 5,000
Pain and Suffering 50,000
Loss of Amenities 30,000
Extra Nourishment 50,000
Medical Expenses 3,07,046
TOTAL
5,38,346
5,38,400
Rounded Off
The above compensation amount now determined by this Court shall carry
interest @ 7.5. p.a. from the date of claim petition till the date of deposit.
16. With regard to the quantum of compensation arrived by the Tribunal
for the fatal case in MCOP.No.8/2023 is concerned, as per the evidence of
PW4, the deceased Krishnamoorthy was employed as Waterman in Neelamalai
Men Self Help Group, earning Rs.425/- per day and he will have work for the
maximum of 26 days and considering the evidence of PW4, the Tribunal has
arrived at a sum of Rs.11,050/- as per the monthly income of the deceased. It is
relevant to note that at the time of accident, the deceased was aged about 34
years and the accident took place on 24.01.2023 and the fixation of Rs.11,050/-
as the income of the deceased appears to be meagre. Therefore, considering the
cost of living at that time, the age of the deceased at the time of accident, nature
of avocation and number of dependents, this Court is of the view that fixing a
sum of Rs.17,000/- per month as the notional monthly income of the deceased
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CMA No. 3591 of 2026
would be just and reasonable. By applying the ratio laid down by the Hon’ble
Apex Court in National Insurance Company v. Pranay Sethi and Others
[(20170 16 SCC 680], 40% is added towards future prospects by considering
the age of the deceased and since the deceased was a married man, having four
dependents, 1/3rd deducted towards personal and living expenses of the
deceased and by applying the Multiplier “16”, the compensation under Loss of
Dependency would comes to [(17,000 +40%) x 12 x 16 x 2/3] = Rs.30,46,400/-.
The compensation awarded by the Tribunal under other heads appears to be
proper and reasonable and does not require any interference. Thus, the
compensation awarded by the Tribunal with regard to MCOP.No.8 of 2023,
modified by this Court, is tabulated hereunder:
Heads of Compensation Amount awarded
by this Court
(Rs.)
Loss of Dependency
[(17,000 + 40%) x 12 x 16 x 2/3 =
30,46,400
Loss of Spousal Consortium 48,000
Loss of Parental Consortium 48,000
Loss of Filial Consortium 96,000
Loss of Estate 18,000
Funeral Expenses 18,000
Transportation Charges 5,000
Damages to Cloths and Articles 10,000
TOTAL 32,89,400
The above compensation amount now determined by this Court shall carry
interest @ 7.5. p.a. from the date of claim petition till the date of deposit.
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CMA No. 3591 of 2026
17. In the result, both the Civil Miscellaneous Appeals are partly allowed
and the common award dated 28.03.2025 passed in MCOP.Nos.7 and 8 of 2023
on the file of the Motor Accidents Claims Tribunal, Subordinate Judge at
Udhagamandalam is modified to the effect that the claimant in CMA.No.3591
of 2026 is entitled to an enhanced compensation of Rs.5,38,400/- and the
claimants in CMA.No.3593 of 2026 is entitled to an enhanced compensation of
Rs.32,89,400/-, together with interest @ 7.5. p.a. from the date of filing the
rd
cllaim petition till the date of deposit. The 3 respondent / Insurance Company
is directed to deposit the compensation amounts, now determined by this Court,
less amount already deposited, within a period of six weeks from the date of
receipt of a copy of the judgment. On such deposit, the respective claimants are
entitled to withdraw the same, less amount already withdrawn, on filing
appropriate application before the Tribunal and on payment of Court fee for the
enhanced compensation. The claimants are not entitled for any interest on the
enhanced compensation for the default period. The manner, mode and
disbursement of compensation shall be as per the order of the Tribunal. No
costs.
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jvm
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CMA No. 3591 of 2026
To
1. The Motor Accidents Claims Tribunal,
Subordinate Judge, Udhagamandalam.
2.The Section Officer,
VR Section, High Court, Madras.
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CMA No. 3591 of 2026
M.JOTHIRAMAN J.
Jvm
CMA No. 3591 of 2026
AND
CMA NO. 3593 OF 2026
10-11-2026
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