Madras HC Raises Injured Two-Wheeler Rider’s Compensation To ₹6.87 Lakh After More Than 17 Days In Hospital

The claimant alleged that on 31 May 2017, while riding his two-wheeler, he was struck by a two-wheeler ridden by the first respondent, causing injuries and hospitalisation.

He sought compensation from the vehicle’s owner and insurer.

The Motor Accident Claims Tribunal at Tindivanam awarded ₹5,25,049.

The claimant appealed, challenging the finding on negligence and seeking enhancement of compensation.

The High Court partly allowed the appeal; a subsequent order dated 2 November 2026 directed that “No costs” be inserted in paragraph 10 of the judgment.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

The Court assessed compensation by considering the evidence and the claimant’s injuries and circumstances, including the percentage of disability, likely period away from work, duration of hospitalisation and amounts awarded under individual heads.

The judgment cites no other statutory provision or precedent.

The Court considered the Tribunal’s award and the claimant’s submissions concerning his injuries and 17-plus days of inpatient treatment.

It increased the disability rate from ₹5,000 to ₹7,000 per percentage for 15% disability, and assessed loss of income for six months rather than three.

It also increased compensation for pain and suffering, nutrition and attendant charges, while confirming the amounts under the remaining heads.

Although negligence was identified as a ground of appeal, the judgment contains no separate analysis of that challenge.

The insurer was directed to deposit the enhanced amount, less any amount already deposited, within four weeks; the claimant could withdraw it on application before the Tribunal.

The order was corrected to include “No costs”.