The High Court enhanced the compensation amount awarded by the Motor Accident Claims Tribunal in a motor accident case, increasing the rate for disability and awards for pain, suffering, and nourishment.
Compensation enhanced to Rs.4,53,900/-; Respondent directed to deposit enhanced amount with interest within eight weeks.
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.
CMA. No.224 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
DATED: 12.02.2026
THE HON’BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
CMA.No.224 of 2023
Anbalagan
...Appellant
Vs.
(Since R1 remained exparte before the Tribunal his presence may be dispensed with)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, pleased to enhance and to set aside the award dated 12.04.2018 and made in M.A.C.T.O.P.No.136 of 2017 on the file of the Motor Accident Claims Tribunal, the Special Sub Court, Tiruvannamalai.
For Appellant : M/s. N. Lavanya, for Mrs. M. Malar
For Respondents : M/s. I. Malar (for R2)
: Ex-Parte - R1
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CMA. No.224 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the enhancement of compensation awarded by the Motor Accident Claims Tribunal, the Special Sub Court, Tiruvannamalai, in M.A.C.T.O.P.No.136 of 2017 dated 12.04.2018.
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CMA. No.224 of 2023 first respondent and was duly insured with the second respondent at the time
of the accident. Hence, both the respondents are jointly and severally liable to pay compensation to the petitioner The petitioner has therefore claimed a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the said accident. Hence, the petition.
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CMA. No.224 of 2023 respondents in the claim petition, neither any witness was examined nor any
document was marked. Exs.C1 and C2 are the medical reports relating to the claimant/PW2.
appeal has been filed by the claimant seeking enhancement of compensation.
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CMA. No.224 of 2023 that the appellant was initially taken to Government Hospital, Tiruvannamalai and subsequently he had taken treatment at Prasanth Super Speciality Hospital, Chennai from 31.07.2016 to 04.08.2016, besides he continued his treatment at Vel’s Ortho, Chennai. Even though the disability of the appellant was assessed as 20%, the Tribunal failed to consider that the appellant had totally lost his income. In any event, the Tribunal did not award adequate compensation towards transportation, attendant charges, future medical expenses and it calls for interference by this Court.
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CMA. No.224 of 2023
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CMA. No.224 of 2023 12. In view of the above, the compensation awarded by the Tribunal
is modified as under :-
| S. No |
Description | Amount awarded by Tribunal |
Amount awarded by this Court |
Award confirmed or enhanced or granted |
|---|---|---|---|---|
| 1. | Functional Disability |
Rs.60,000/- | Rs.1,00,000/- | Enhanced |
| 2. | Pain and sufferings | Rs.25,000/- | Rs.40,000/- | Enhanced |
| 3. | Loss of Earning | Rs.20,000/- | Rs.25,000/- | Enhanced |
| 4. | Medical Expenses | Rs.2,58,900/- | Rs.2,58,900/- | Confirmed |
| 5. | Transportation | Rs.10,000/- | Rs.10,000/- | Confirmed |
| 6. | Extra Nourishment | Rs.10,000/- | Rs.20,000/- | Enhanced |
| Total | Rs.3,98,900/- | Rs.4,53,900/- | Enhanced amount Rs.55,00/- |
(ii) The second respondent/Insurance Company is directed to deposit the enhanced award amount along with interest at the rate of 7.5% from the date of petition till the date of deposit, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this 7/9
CMA. No.224 of 2023
judgement.
(iii) On such deposit, the Tribunal shall transfer the compensation amount to the bank account of the appellant through RTGS within a period of two (2) weeks thereafter, subject to payment of Court fee on the enhanced compensation by the appellant.
(iv) There shall be no order as to costs.
12.02.2026
Index:Yes/No Speaking/Non-speaking order Neutral Case Citation : Yes/No
klt
To
the Special Sub Court, Tiruvannamalai.
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CMA. No.224 of 2023
K.GOVINDARAJAN THILAKAVADI, J.
klt
CMA. No.224 of 2023
12.02.2026
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2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced on appeal?
What is the appropriate rate per percentage of disability for functional disability compensation?
1 provisions across 1 enactments
Anbalagan
Sri Balaji Travels
The United India Insurance Company Limited
K.Govindarajan Thilakavadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
