Claimant injured by a rashly driven two-wheeler appealed for enhancement of Tribunal award. The court upheld the percentage method for 35% disability but enhanced compensation under heads of transport, nourishment, pain and suffering, amenities and loss of income, raising total to Rs.3,12,371/- with 7.5% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2026
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
CMA No.1966 of 2026
Mr.M.Vadivel ..Appellant
.vs.
1.Mr.K.Selvam
2.The Manager, TATA AIG General Insurance Co., Ltd., Regd. Office, Peninsula Corporate Park, Piramal Tower, 9th Floor, Ganapatrao Kadam Marg, Lower Parel, Mumbai – 400 013 ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, challenging the fair order dated 09.08.2021 made in MCOP No.527 of 2015 on the file of the Motor Vehicle Accident Claims Tribunal,
Additional Special Court, Krishnagiri.
For Appellant : Mr.S.P.Yuvaraj For Respondent : Mr.E.Rajadurai for M/s.M.B.Gopalan Associates for R2
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JUDGMENT
This appeal has been filed challenging the Award passed by the MACT,
Additional Special Court, Krishnagiri in MCOP No.527 of 2015 dated 09.08.2021, wherein, the appellant/claimant has sought for enhancement of compensation.
2.Heard Mr.S.P.Yuvaraj, learned counsel appearing on behalf of the appellant and Mr.E.Rajadurai, learned counsel appearing on behalf of the 2nd respondent.
3.The case of the claimant is that, on 02.09.2013, when he was walking on the left hand side of the Kanthikuppam-Varattanapalli road, the two wheeler belonging to the 1st respondent was driven in a rash and negligent manner and dashed against the claimant. As a result of which, the claimant sustained a fracture of both bones of the right leg and also a laceration over the right forearm. It is under these circumstances, the claim petition came to be filed before the Tribunal.
4.The Tribunal on considering the facts and circumstances of the case
and on appreciation of oral and documentary evidence, came to a conclusion
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that the accident had taken place only due to the rash and negligent driving on
the part of the offending vehicle.
5.Having rendered the above finding, the Tribunal fixed the total
compensation at Rs.2,34,871/- under various heads as follows:
| Compensation awarded under the head |
Amount (in Rs.) |
|---|---|
| Transportation Charges | 3,000 |
| Extra Nourishment & | 6,000 |
| Attender Charges | |
| Pain and sufferings | 35,000 |
| Loss of amenities | 10,000 |
| Loss of Income | 26,000 |
| Disability (35 x 3000) | 1,05,000 |
| Medical Bills | 49,371 |
| Damages to Clothes | 500 |
| Total | 2,34,871 |
6.The above compensation was directed to be paid with interest at the
rate of 7.5% per annum.
7.Aggrieved by the same, the claimant has filed the present appeal
before this Court seeking for enhancement of compensation.
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8.The main ground that was urged before this Court is that the claimant
was a coconut tree tapper by profession and he sustained fracture of both bones of the right leg and the Medical Board had assessed partial permanent disability of 35% and the Tribunal, without considering the fact as to whether the injury would have led to functional disability, considering the avocation
of the appellant and went wrong in applying the percentage method and fixed lesser compensation under the head of disability. It is further submitted that the compensation that has been fixed under the other heads are also on the lower side which requires the interference of this Court.
9.In the case in hand, the claimant was aged about 28 years at the time of the accident and the Medical Board had assessed 35% partial permanent disability. There is no material before this Court to show that the appellant suffered any functional disability warranting the application of multiplier method. Therefore, the Tribunal was right in applying the percentage method and fixing a sum of Rs.3,000/- per percentage for an accident which took place in the year 2013.
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10.Having rendered the above finding, this Court while carefully assessing the compensation fixed under various heads, is of the opinion that it is on the lower side and requires enhancement.
11.In view of the above, the compensation under the head of transportion expenses is enhanced to Rs.7,500/-. The compensation under the head of extra nourishment is enhanced to Rs.25,000/-. The compensation under the head of pain and sufferings is enhanced to Rs.50,000/-. The compensation under the head of loss of amenities is enhanced to Rs.25,000/and the compensation for loss of income is enhanced to Rs.50,000/- (5 months x Rs.10,000). The compensation fixed under the other heads are fair and proper and it does not require the interference.
12.In the light of the above discussion, the compensation fixed by the Tribunal is modified as follows:
| Compensation awarded under the head |
Amount (in Rs.) |
|---|---|
| Transportation Charges | 7,500 |
| Extra Nourishment & | 25,000 |
| Attender Charges | |
| Pain and sufferings | 50,000 |
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| Loss of amenities | 25,000 |
|---|---|
| Loss of Income | 50,000 |
| (5 x 10000) | |
| Disability (35 x 3000) | 1,05,000 |
| Medical Bills | 49,371 |
| Damages to Clothes | 500 |
| Total | 3,12,371 |
13.The above compensation is liable to be paid along with interest at the rate of 7.5% per annum.
14.It is brought to the notice of this Court that the Insurance Company had already deposited the entire compensation amount along with interest. Hence, there shall be a direction to the 2nd respondent/Insurance Company to deposit the enhanced compensation amount along with accrued interest, within a period of four weeks from the date of receipt of copy of this order.
14.Insofar as the enhanced compensation of Rs.77,500/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay period of 1181 days as was ordered by this Court in C.M.P.No.26225 of 2025, dated 09.06.2026. The Tribunal has applied the principle of pay and recovery and the same is sustained.
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15.In the result, this Civil Miscellaneous Appeal is Partly Allowed in the above terms. No Costs.
01.07.2026
Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No ssr To
The Motor Accident Claims Tribunal, Additional Special Court, Krishnagiri.
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N. ANAND VENKATESH., J
ssr
CMA No.1966 of 2026
01.07.2026
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1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries sustained in a road accident required enhancement, particularly under disability and other heads.
1 provisions across 1 enactments
M.Vadivel
K.Selvam
The Manager, TATA AIG General Insurance Co., Ltd.
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
