Madras High Court
CMA/1994/2022 of ALAMELU Vs RAJASIMMAN on 7 September 2026
CMA No. 1994 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 1994 of 2022
Alamelu
W/o.Ganesan, Son of cart,No.3/78, West Street, Pasar Post, Sankarapuram Taluk, Villupuram District 606205
now at 118/30, Thillaipuram Main Road A, Namakkal Town, Namakkal District injured Alamelu represented by her next friend husband Ganesan
..Appellant(s)
Vs
1. Rajasimman
S/o.Lakshmanasamy, No.82, Golden Avenue, 2nd Main road, Vivekanandha Nagar Ex.Ellapillai Chavadi, Puducherry 605 005
2. The Universal Sampo General Insurance Company Limited, No.554 and 555, 5th Floor, Capital Towers, Anna Salai, Teynampettai, Chennai 600 018 Business address at
I.O.B.Building, Salem road, Namakkal Town, Namakkal Taluk and District
..Respondent(s)
CMA No. 1994 of 2022
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 25.01.2019 in MCOP.No.761 of 2017 on the file of Motor Accidents Claims Tribunal/Principal District Court, Namakkal and thus render justice.
CMA No. 1994 of 2022
CMA No. 1994 of 2022
For Appellant(s):
M/s.C.Thangaraju
K.Muthukumarasamy
A.Sathishkumar
For Respondent(s):
R-1 RAJASIMMAN S/o.Lakshmanasamy, No.82, Golden Avenue, 2nd Main Road, Vivekanandha Nagar Ex.Ellapillai Chavadi, Puducherry 605 005
M/s.R.Sree Vidhya
For R2 Vide Court Order Dt.13/03/2025
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Judgment
(Judgment of the Court was delivered by N.Mala J.)
The claimant has filed the above Civil Miscellaneous Appeal seeking enhancement of compensation awarded by the learned Principal District Judge, Motor Accidents Claims Tribunal, Namakkal, vide judgment and decree dated 25.01.2019, in MCOP.No.761/2017.
For the sake of convenience, the parties will be referred to as per their rank in the appeal.
The brief facts leading to the appeal are that, on 01.05.2017, at about 10.00 a.m., when the appellant was riding as a pillion-rider in a two wheeler bearing Registration No.TN-15-U-4122, driven by her husband, Ganesan, the driver of the Vento TDI Car bearing Registration
CMA No. 1994 of 2022
No.PY-05-A-6001, drove the car in a rash and negligence manner and hit the two-wheeler, thus causing the accident. In the impact of collision, the appellant sustained severe head injuries, fractures, haemorrhage in the brain and severe fracture below the right knee and other injuries all over the body. The appellant was aged 26 years at the time of the accident and as a daily coolie worker, was earning Rs.15,000/- per month. Because of the injuries, the appellant could not earn as before and therefore, she filed the Claim Petition seeking compensation of Rs.50 lakhs.
The 1st respondent, owner of the Vento TDI Car, remained exparte and the Claim Petition was contested by the 2nd respondent / insurer of the car. The 2nd respondent / Insurance Company denied the manner of accident, negligence, liability and the quantum of compensation claimed by the appellant. The 2nd respondent contended that the claim was highly excessive and speculative and therefore, prayed for dismissal of the same.
Before the Claims Tribunal, the appellant examined her husband Ganesan as PW1 and one Dr.Sivalingam, as PW2 and marked Exs.P1 to P17. On the side of the respondents, no oral or documentary evidence was adduced.
Since the appellant has filed the appeal for enhancement of compensation, the findings of the Tribunal on negligence and liability are not interfered with.
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The Claims Tribunal, on the basis of the Disability Certificate, marked as Ex.P17, issued by PW2-Dr.Sivalingam, assessed the permanent disability at 95%. The Claims Tribunal adopted multiplier method to fix the compensation. The Claims Tribunal, in the absence of any documentary evidence on record, in proof of the income of the appellant, fixed the income at Rs.6,000/- per month and assessed the compensation towards permanent disability at Rs.11,52,000/-. The Claims Tribunal also awarded amounts under other conventional heads and finally awarded a total compensation of Rs.29,59,239/- with interest at 7.5% p.a. Not satisfied with the compensation awarded, the appellant has filed the above appeal.
When the matter was taken up for hearing, we directed the appellant to appear before the Medical Board for assessment of her disability.
The learned counsel for the appellant sought time to get instructions from the appellant. When the matter was taken up today, the learned counsel for the appellant submitted that the appellant is not willing to subject herself to medical examination. Since the Claims Tribunal, on the basis of the Disability Certificate – Ex.P17, issued by PW2, has assessed the disability at 95% and awarded Rs.11,52,000/- towards loss of earnings by fixing the notional income at Rs.6,000/- per month, we find absolutely no ground to interfere with the compensation awarded by the Claims Tribunal. The Tribunal has granted reasonable compensation under
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various conventional heads and therefore, we find that the compensation awarded by the Claims Tribunal is fair, just, reasonable and hence, the same is confirmed.
In the result, the Civil Miscellaneous Appeal is dismissed and the judgment and decree of the Claims Tribunal dated 25.01.2019, made in MCOP.No.701/2017, is confirmed. No costs. (P.T.A.,J.) (N.M.,J.) 07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP To
1. The Principal District Judge, Motor Accidents Claims Tribunal Namakkal.
2. The Section Officer VR Section, High Court, Chennai.
CMA No. 1994 of 2022
P.T.ASHA J. AND N.MALA J. AP CMA No. 1994 of 2022 07-09-2026