CMA/2088/2023 of T.M.NAGARAJAN Vs THE REGIONAL MANAGER on 23 September 2026

JUDGMENT

(Judgment of the Court was delivered by P.T.Asha J.) Claiming enhancement of the award passed in M.C.O.P.No.283/2019 on the file of the Motor Accident Claim Tribunal / Additional District Court (Fast Track Court), Vellore, the claimant represented by his next friend and wife, is the appellant before this Court.

2. The short facts giving rise to the above appeal are as follows :

(a) On 08.12.2018 at about 10.30 a.m., while the petitioner was riding his two wheeler bearing Regn.No.TN-23-BQ-6081, keeping to the left side of Palamaner to Chittoor Nationa Highway and on nearing Durga Amma Temple at M.V.Giri Bangarupalem Village, a bus belonging to the respondent-Corporation bearing Regn.No.AP-03- Z-0301 which was driven by its driver in a rash and negligent manner and coming in the opposite direction, hit the petitioner's vehicle, as a result of which, the petitioner had fallen down and sustained serious grievous injuries all over the body.

(b) Alleging that the accident had occurred only on account of the rash and negligent driving of the respondent-bus by its driver, the petitioner had claimed a compensation of sum of Rs.1,00,00,000/- from the respondent-Corporation.

(c) The respondent-Corporation has filed a counter denying the allegations including the nature of accident, injuries sustained by the petitioner, his income etc., The respondent has taken a defence, had the petitioner worn a helmet, he would not have sustained such grievous injuries to his head. The respondent has come forward to state that the driver of the bus was proceeding at a moderate speed. While, so, the petitioner who came in the opposite direction in his two wheeler in a rash and negligent manner, when attempted to over take a car proceeding in front of him, had lost control. Seeing this, the driver of the bus had swerved the vehicle to the extreme left side and stopped the vehicle. However, the petitioner who had lost his control, had hit the right side of the respondent-bus and had sustained grievous injuries over the body. Therefore, the accident had occurred only on account of the negligence and rash driving of the petitioner. Moreover, at the time of accident, the petitioner did not possess valid driving licence to ride a two wheeler and also he did not wear helmet. Hence, the respondent-Corporation would contend that they are not liable to compensate the petitioner.

(d) The petitioner examined three witnesses on his side and had marked Ext.P1 to Ext.P18. On the side of the respondent, the driver of the offending bus was examined as R.W.1 and no documents were marked. The disability certificate issued by the Medical Board came to be marked as Ext.C1.

(e) The Tribunal had held that the accident had occurred only on account of the rash and negligent driving of the bus belonging to the respondent-Corporation. The Tribunal, on assessing the injuries sustained by the petitioner and the records produced before it, had awarded a compensation of Rs.7,23,356/- with interest at the rate of 7.5% per annum.

(f) A perusal of the records would show that though the Medical Board had assessed the disability at 90%, the Tribunal while awarding the compensation under the head of disability, had assessed that the petitioner has suffered partial disability of 33%, and by awarding Rs.3,000/- per percentage, had awarded a compensation of Rs.99,000/- under this head. It had also awarded compensation on the other heads and arrived at the total compensation of Rs.7,23,356/-.

(g) Aggrieved that the award sum is paltry and meagre, the petitioner is before this Court claiming enhancement of compensation.

3. Mr.R.Nalliyappan, learned counsel appearing for the appellant/petitioner would submit that the petitioner is leading a vegetative life and he is not able to do his daily activities as he was performing, before the alleged accident, which can be evidenced from the discharge summaries Ext.P6 to Ext.P8; treatment records viz., Ext.P15 and Ext.P16 and the disability certificate Ext-C1, issued by CMC Hospital, Vellore. The learned counsel would submit that these records would show that the petitioner has been treated as inpatient in CMC Hospital Vellore for 38 days i.e., from 09.12.2018 to 18.12.2018, 22.12.2018 to 15.01.2019 and 25.02.2019 to 27.02.2019 respectively. He would also submit that the Tribunal ought to have adopted the multiplier method, as the claimant is not in a position to attend to his daily activities on account of the severe head injuries and he is dependant on his wife to perform his basic activities.

4. Ms.G.V.Shoba, learned counsel appearing for the respondent- Corporation would submit that the Tribunal had rightly assessed the injury and the loss sustained by the petitioner.

5. Heard Mr. R.Nalliyappan, learned counsel appearing for the appellant and Ms.G.V.Shoba, learned counsel appearing for the Transport-Corporation.

6. The appeal by the claimant is seeking enhancement of the Tribunal's award amount. The appellant/claimant is aggrieved by the fact that the

Tribunal has adopted the percentage method, despite the fact that his functional disability is of permanent nature and that the injuries sustained by him are grievous, which requires a special care. Ext.P6 is the first discharge summary dated 18.12.2018 which has been issued to the petitioner for his treatment as inpatient in CMC Hospital Vellore from 09.12.2018 to 18.12.2018, for his first admission immediately after the accident. This Ext.P6 would show that the petitioner was diagnosed with "Closed fracture Rt proximal third humeral shaft. Close Tscherne II, Bicondylar fracture Rt proximal tibia." The history narrated therein would show that the petitioner had lost consciousness owing to trauma. He was also diagnosed to have sustained closed injury to his right upper limbs and right leg. Ext.P7 is the second discharge summary which has been issued on 15.01.2019 for his treatment during 22.12.2018 to 15.01.2019. The diagnosis would read as : " Diagnosis: MASSIVE PROVOKED PULMONARY THROMBOEMBOLISM STATUS - POST CATHETER GUIDED THROMBOLYSIS POST ROAD TRAFFIC ACCIDENT ON 08.12.2018 - CLOSED FRACTURE OF THE PROXIMAL THIRD HUMERUS SHAFT, FRACTURE RIGHT PROXIMAL TIBIA ORIF RIGHT HUMERUS RIGHT KNEE EXTERNAL FIXATION PERSISTENT DELIRIUM : ABULIA MANDIBLE FRACTURE TRAUMATIC BRAIN INJURY SEQUELAE SACRAL BEDSORE DEPRESSION" In the history of his illness, it has been stated as follows : " He was apparently well about 2 weeks ago when he had a road traffic accident on 08.12.2018 in which he sustained injuries to his head, right upper and lower limbs, sustained a closed fracture right proximal third humeral shaft and closed bicondyla, fracture right proximal tibia. A CT scan of the brain done showed a frontal contus: and he was started on seizure prophylaxis for the same." The discussion in Ext.P7 discharge summary would show that the petitioner was subjected to Bronchoscopy / Pulmonary Function Test. He was also diagnosed with 'Persistent Delirium :Abulia and Traumatic Brain Injury Sequelae" and the detailed study of his health condition are as follows : "PERSISTENT DELIRIUM : ABULIA Patient fluctuant sensorium and mutism post ICU was evaluated, there was no new focal neurological deficits, nos signs suggestive of an infection, electrolytes were within normal limits. A Neurosurgery and neurology consult was got for evaluating the same. Repeat CT brain was done to look for new bleeds. Differential given were :-

- Hypokinetic Delirium (ICU related)

- Behavorial

- Non convulsive seizures (less likely)

- Neuroleptic malignant syndrome Patient was worked up for hypoactive delirium and possible causes of encephalopathy. An MIR brain done to rule out acute infarcts found no new findings compared to CT brain post accident. Repeat blood tests were normal, EEG done showed slow waves, indicative of metabolic encephalopathy or an depressive episode. Psychiatry consult was got for restarting antidepressants, he was not started on SSRI as he did not have features of severe depression. However, on recommendation with neurology he was started on levodopa and quetiapine. Hypoactive delirium probably induced by ICU stay, usually has a prolonged course, hence patient is discharged with advice to follow up. TRAUMATIC BRAIN INJURY SEQUELAE : PMR consult was put to decide on further management taking his bed ridden status. Physiotherapy, occupational therapy and speech therapy consultations were sought and appropriate exercise was adviced. Long term care plan was discussed with family. He was advised to follow up in PMR OPD after Ortho clearance." Therefore, from a reading of Ext.P7, discharge summary, it is clear that the petitioner has become bedridden. In this circumstances, the adoption of percentage method by the Tribunal appears incorrect in the light of the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others (AIR 2017 SC 5157)

7. Though the petitioner would allege that he was earning a monthly income of Rs.50,000/- by doing money lending business, agriculture, milk vending and real estate business etc.,, however, since no proof was produced by the petitioner, the Tribunal had arrived at a notional monthly income of Rs.10,000/-.

8. Taking all material factors into consideration this Courts holds that the nature of injuries sufferred by the appellant has left him functionally disabled,

and accordingly assessed his disability at 45%. The appellant was 54 years old at the time of accident and his notional income was fixed at Rs.10,000/- per month. To this, 25% is added towards future prospects and therefore, his monthly income would be Rs.12,500/-. The appropriate multiplier to be adopted is 11, and the total compensation payable on the head of functional disability of the appellant is (Rs.12,500 x 12 x 11 x 45%) is Rs.7,42,500/-. Since the petitioner has been admitted thrice for procedures, the compensation under the head pain and suffering is enhanced to Rs.1,00,000/-. and accordingly, the attendant charges is increased to Rs.25,000/-. In view of this Court adopting the multiplier method in awarding compensation under the head "Disability", the compensation awarded by the Tribunal under the heads "loss of earning" and "loss of future prospects", is set aside. Insofar as the compensation awarded by the Tribunal on other conventional heads viz., Transportation, Medical Expenses, Extra Nourishment" however remains unaltered. Therefore, the appellant/petitioner is entitled to the enhanced compensation, as below : Sl. No. Heads Amount Awarded by Tribunal (Rs.) Amount Awarded by this Court (Rs.)

1. Disability 99,000.00 7,42,500.00

2. Pain and Suffering 25,000.00 1,00,000.00

3. Transportation 37,678.00 37,678.00

4. Medical Expenses 4,52,178.00 4,52,178.00

5. Extra Nourishment 30,000.00 30,000.00

6. Attender Charges 9,500.00 25,000.00

7. Loss of Earning 40,000.00 NIL

8. Loss of Future Prospects 30,000.00 NIL Total : 7,23,356.00 13,87,356.00 Therefore, the sum of Rs.7,23,356.00 awarded by the Tribunal as compensation is enhanced to Rs.13,87,356.00,

9. The Civil Miscellaneous Appeal is partly allowed. The respondent- Corporation is directed to deposit the revised enhanced award amount of Rs.13,87,356/- (Rupees Thirteen Lakhs Eighty Seven Thousand Three Hundred and Fifty Six only) to the credit of MCOP.No.283/2019 on the file of the Motor Accident Claims Tribunal / Additional District Court (Fast Track Court), Vellore, together with interest @ 7.5% per annum from the date of claim petition till the date of deposit, less any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant/appellant is permitted to withdraw the same by filing an appropriate application before the Tribunal. The claimant/appellant is directed to pay the necessary court fee for the enhanced award amount, if any. No costs. (P.T.A.,J.) (N.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

To:

1. The Motor Accident Claim Tribunal / Additional District Court (Fast Track Court) Vellore.

2. The Section Officer VR Section High Court, Madras.

P.T.ASHA J. AND N.MALA J. DS CMA No. 2088 of 2023 23-09-2026