CMA/2026/2025 of J.MARK @ ARUL JOTHI Vs THE MANAGING DIRECTOR on 21 September 2026

COMMON JUDGMENT

(Judgment of the Court was delivered by P.T.Asha J.) These two appeals arise against the award passed by the Motor Accident Claims Tribunal / IV Court of Small Causes, Chennai, in M.C.O.P.No.385/2016. C.M.A.No.1309 of 2025 is filed by the Transport Corporation seeking to set aside the award and C.M.A.No.2026 of 2025 is filed by the claimant seeking to enhancement of the award. Parties are referred to as claimant and respondent-Corporation. Since both the appeals are filed challenging the same award, a common judgment is passed.

2. The claimant has filed the claim petition in M.C.O.P.No.385 of 2016 before the Tribunal seeking compensation for a sum of Rs.1,25,00,000/- for the injuries sustained by him in a road accident that had occurred on 08.03.2014, involving the respondent-Corporation bus.

3. It is the case of the claimant that on 08.03.2014 at about 4.45 hours while he was travelling in the bus belonging to the respondent-Corporation bearing registration No.TN68-N-0343 proceeding on Needamangaam to Thiruvarur Main Road towards Nagapattinam, the driver of the bus took a sudden turn in a rash and negligent manner at Olimathi Odatthurai bend, as a result of which, the petitioner/claimant fell from the bus and sustained grievous on his head and also all over his body. He was immediately taken to Thiruvarur Government Hospital and thereafter, he was admitted in MIOT Hospital for further treatment. Claiming that the respondent is liable to compensate him for his injuries, the petitioner was before the MACT seeking compensation.

4. The respondent-Corporation has filed a counter denying the allegations in the claim petition. In the counter statement, the respondent has stated that the fall had not occasioned on account of rash and negligent driving of the driver of the respondent-Corporation bus, but it is only due to the petitioner who had travelled in the footboard of the bus and therefore, invited the accident. They had also questioned the nature of injuries, period of treatment and the alleged disability. Therefore, they sought dismissal of the claim petition.

5. Before the Tribunal, the claimant examined himself as P.W.1 and had marked 17 documents as Ex.P1 to Ex.P17. The employer of the petitioner was examined as P.W.2, through whom Ex.P18 to Ex.P22 were marked. On the side of the respondent, the conductor of the bus was examined as R.W.1, and no documents were marked by him. The Medical Certificate issued by Rajiv Gandhi Government General Hospital, Chennai was marked as Ex.C1.

6. The Tribunal held that the accident had occurred only due to the rash and negligent driving of the bus by its driver and it fixed the liability on the respondent-Corporation. It also went on to hold that the petitioner is entitled to compensation on account of the injuries sustained by him in the said accident and awarded a sum of Rs.47,94,303/- with interest at the rate of 7.5% per annum.

7. A perusal of the records would show that the petitioner had sustained a disability on his right hand and the percentage of disability was assessed at 83% by the Medical Board vide Ex.C1, disability certificate dated 25.03.2023.

Considering the nature of the injuries sustained by the petitioner, the Tribunal accepts degree of disability as partial permanent disability, however it quantifies it as whole body disability at 50%. The petitioner was aged 52 years at the time of accident. As evidenced by Ex.P21, salary certificate marked through his employer P.W2, his monthly salary was Rs.51,295/-. To arrive at the loss of future income due to functional disability, the Tribunal fixed the loss of earning capacity at 60% and taking into account the age of the petitioner as 52 years, it had added 10% towards future prospects and arrived at annual income of Rs.6,77,094/- [Rs.51,295/- x 12 = Rs.6,15,540/- + 10% (Rs.61,554)], to which it applied 11 as multiplier and fixed the loss of future income at Rs.44,68,820/- (Rs.6,77,094/- x11 x 60%). To this, the Tribunal had awarded compensation on other conventional heads, and arrived at a total compensation of Rs.47,94,303/- and directed the respondent to pay the award amount to the claimant along with interest at the rate of 7.5% per annum.

8. Aggrieved by the award of the Tribunal, both the claimant and the Transport Corporation are before this Court in two separate appeals. The Transport Corporation has filed C.M.A.No.1309 of 2025, challenging that the amount awarded by the Tribunal is excessive and has also questioned the negligence being attributed to the driver of the respondent-bus. The claimant has challenged the award in C.M.A.No.2026 of 2025, seeking enhancement of the award amount.

9. We have heard the counsels on either side and also perused the materials available on record.

10. The Tribunal below on considering Ext.P1, FIR, and evidence of P.W.1, had arrived at a conclusion that the accident was the result of the rash and negligent driving of the respondent-Corporation bus by its driver. The respondent-Corporation has not chosen to examine the driver of the vehicle, but has chosen to examine the conductor/R.W.1. Except R.W.1, no other witness was examined and no evidence was let in on the side of the respondent to prove that the driver had not driven the vehicle either rashly or negligently. Therefore, the findings of the Tribunal cannot be found fault with on fixing the negligence and consequently the liability on the respondent-Corporation.

11. With regard to the quantum, the Tribunal has itself quantified the whole body disability at 50% and ultimately fixed the loss of earning capacity at 60%. This runs contra to the various judgments including the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others (AIR 2017 SC 5157). Therefore, the award is modified to the extent of reducing the loss of earning capacity from 60% to 50%. In all other respects, the award of the Tribunal remains unaltered. We do not find any other error in the compensation awarded by the Tribunal on the other heads. The revised award now awarded by this Court is tabulated below : Sl. No. Heads Amount Awarded

by Tribunal (Rs.) Amount Awarded by this Court (Rs.)

1. Loss of earning capacity 44,68,820.00 37,24,017.00

2. Medical Expenses 1,83,083.00 1,83,083.00

3. Pain and Suffering 40,000.00 40,000.00

4. Transportation Expenses 15,000.00 15,000.00

5. Nutrition Expenses 20,000.00 20,000.00

6. Damages to clothers 1,000.00 1,000.00

7. Attendant Charges 16,400.00 16,400.00

8. Loss of Amenities 50,000.00 50,000.00 Total Compensation 47,94,303.00 40,49,500.00 According, the award of the Tribunal is reduced from Rs.47,94,303/- to Rs.40,49,500/-

12. In the result, both the civil miscellaneous appeals is disposed of and the respondent / Transport Company is directed to deposit the revised award amount of Rs.40,49,500/- (Rupees Forth Lakhs Forty Nine Thousand and Five Hundred only) as compensation to the credit of MCOP.No.385/2016 on the file of Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai, together with interest @ 7.5% per annum from the date of claim petition till the date of deposit, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order. In case, the respondent/

Transport Corporation has deposited excess amount than what is now ordered, the respondent is granted liberty to withdraw the excess balance amount. On the other hand, if they have deposited less than the amount now awarded, they shall deposit the balance amount within the aforestated period. On such deposit, the claimant is permitted to withdraw the amount by filing appropriate application before the Tribunal. No costs. Consequently, connected miscellaneous petition is closed. (P.T.A.,J.) (E.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

To:

1. The Motor Accident Claims Tribunal IV Court of Small Causes Chennai.

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

P.T.ASHA J. AND E.MANOHARAN J. DS CMA Nos. 2026 & 1309 of 2025 and CMP.No.11070 of 2025 21-09-2026