CMA/833/2021 of P.SUBRAMANIAM (Died) Vs P.PERUMALSAMY on 29 October 2026

JUDGMENT

The unsuccessful claimant has preferred the present appeal seeking enhancement of the compensation.

2. Originally, the appeal was filed by the injured claimant himself. During the pendency of the appeal, he died and his legal heirs were brought on record as the legal representatives of the injured claimant.

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CMA No. 833 of 2021

3. According to the injured claimant, on 15.10.2009 at about 7.00 PM., he was riding a Honda Activa Scooter bearing Registration No.TN-39- AE-2703 from south to north on Sirupooluvapatti to 15 Velampalayam Road, near S.P.Nagar Bus Stop, duly observing traffic rules and regulations. At that time, a container lorry bearing Registration No.TN-72-T-5072, driven by the first respondent, came from the opposite direction on the same road in a rash and negligent manner, without adhering to traffic rules and regulations, and dashed against a roadside tree, as a result of which a big branch of the said tree fell on the claimant. Due to this, the claimant sustained a spinal fracture, grievous injuries to the head and injuries all over the body. According to the claimant, he was taken to Revathy Hospital, Tiruppur and thereafter, referred to K.G.Hospital, Coimbatore.

4. According to the claimant, at the time of the accident, he was aged about 55 years and was running his own stitching unit namely, Raasi Thayal Nilayam, and was earning a sum of Rs.60,000/- per month. Due to the accident, the claimant’s body below the hip has become numb. The claimant is not able to do his work and is permanently bedridden. If the claimant wants to get up from the bed, he needs the help of others. The claimant has to carry out his day to day activities with the help of others.

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CMA No. 833 of 2021

5. The third respondent/Insurance Company has filed a counter statement wherein it has been stated that the second respondent has denied the allegations made in the claim petition. The driver of the vehicle bearing Registration No.TN-72-T-5072, was not holding a valid and effective driving license at the time of the accident and further was not qualified to hold such driving license. The vehicle bearing Registration No.TN-72-T-5072 was involved in the alleged accident and it was driven in a rash and negligent manner.

6. The third respondent/Insurance Company has also filed an additional Counter statement stating that the claim for compensation of Rs.75,00,000/- made under different heads and additionally towards medical expenses, transport charges, loss of earning and permanent disability etc., is denied as false. The conduct of the claimant in filing one application after another by making inconsistent pleas and suppressing material facts, without producing any material documentary evidence, shows that the claim made in the present application is vexatious and false.

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7. On behalf of the claimant, the claimant himself was examined as PW1, Mr.Sekar, Doctor of K.G.Hospital, was examined as PW2, one Mr.Vijayakrishnan, Bank Manager, was examined as PW3, and one Mr.B.Kanagaraj was examined as PW4, and Ex.P1 to Ex.P21 were marked. On behalf of the respondents, no witness was examined and no document was marked.

8. Upon appreciation of the evidence adduced on either side and as per the evidence of the injured claimant, the Tribunal came to the conclusion that the accident occurred when the claimant was riding his two wheeler from south to north on Sirupooluvapatti to Velampalayam Road, near S.P.Nagar Bus Stop, at that time, the container lorry driven by the first respondent came from the opposite direction in a rash and negligent manner and dashed against a roadside tree. The tree on the roadside fell down on the claimant. In the absence of any witness on behalf of the respondents, the Tribunal held that the accident occurred due to the rash and negligent driving of the vehicle by the first respondent, and then proceeded to determine the quantum of compensation.

9. Considering the evidence of PW3, the Bank Manager, bank account statement to show that the injured claimant was running his own stitching unit, namely, Raasi Thayal Nilayam, though a sum of Rs.60,000/- per month was claimed, in the absence of proof for the same, the Tribunal fixed a

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sum of Rs.9,000/- as the monthly income of the injured claimant and added 10% towards future prospects. Considering the fact that the injured claimant sustained injuries and that at the time of the accident, his body below the hip became numb and he was unable to do his work, the Tribunal considered 100% disability, and applied the multiplier method and awarded compensation under the head of loss of earning capacity as Rs.9,900/- x 12 x 11 x 100/100 = Rs.13,06,800/-. The compensation awarded by the Tribunal under various other heads is tabulated hereunder:- Sl.No. Compensation Awarded by the Tribunal Amount in Rupees

1. Loss of Earning Capacity 13,06,800

2. Attender Charges 2,40,000

3. Pain and Suffering 50,000

4. Loss of Amenities 30,000

5. Future Medical Expenses 50,000

Mental Agony 25,000

Nutrition 1,00,000

Transport 50,000

Medical Bills 4,00,275.80 Total 22,52,075.80 Total (Rounded off) 22,50,000

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CMA No. 833 of 2021

Aggrieved over the same, the injured claimant has preferred the present appeal seeking enhancement of compensation. During the pendency of this appeal, the injured claimant/appellant died and thereafter, his legal heirs were impleaded as the appellants herein.

10. The learned Counsel appearing for the appellant/Claimant would submit that the Tribunal erred in fixing the income of the appellant at Rs.9,000/- per month as against the claim of Rs.60,000/- per month. The Tribunal ought to have fixed the income of the appellant Rs.60,000/- per month. The Tribunal ought to have considered the oral evidence of PW3 and PW4 and as per the documentary evidence of Ex.P15 to Ex.P21, which reveal that he had bank transactions in the year 2009 for more than Rs.20,00,000/- in his bank account. The Tribunal failed to consider the fact that he was running his own stitching unit namely, “Raasi Thayal Nilayam” and was earning a sum of Rs.10,000/- per month. Though the Tribunal came to the conclusion that the disability caused to the injured claimant is 100%, the amounts awarded towards attender charges, extra nourishment, future prospects, medical expenses, transport charges and loss of amenities are very meagre and the same has to be enhanced.

11. Per contra, the learned Counsel appearing for the 2nd Respondent/Insurance Company would submit that in the absence of proof of income, the Tribunal has rightly fixed a sum of Rs.9,000/- per month as

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monthly income and, considering the nature of injuries sustained by the injured claimant, treated it as 100% disability and applied the multiplier method and awarded compensation under the head of permanent disability. The compensation awarded under other heads is reasonable and proper, there is infirmity, and there is no reason warrants to enhance the same.

12. This Court considered the submissions made by the learned Counsel on either side and perused all the materials available on record carefully.

13. There is no dispute with regard to the manner of accident that occurred in the case on hand and the negligence fixed on the part of the Insurance Company. The grievance of the appellant is that the injured claimant was running his own stitching unit, namely, “Raasi Thayal Nilayam”, and the same has been clearly established through the evidence of the injured claimant and the evidence of PW4, as per Exs.P15 to P21 relating to the bank statements from the year 2017 – 2021. On a perusal of the bank statements, it reveals that he had bank transactions for more than Rs.20,00,000/- at that point of time. Considering the evidence of PW3 that the injured claimant was having a bank account in the name of “Raasi Thayal Nilayam”, and as per the oral evidence of PW1, he has categorically stated that he was paying income tax for the past 20 years and he has also deposed that more than 35 persons were working under

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him in his own stitching unit, namely, “Raasi Thayal Nilayam”, but the injured claimant has not filed the Income Tax Returns filed by him during the relevant period. It is not in dispute that the injured claimant was running his own stitching unit, namely, Raasi Thayal Nilayam, and the same has been corroborated by the evidence of PW3.

14. In such circumstances, considering the fact that he was running “Raasi Thayal Nilayam” and he was a skilled worker and considering the fact that the accident occurred in the year 2009, at the time of the accident, the age of the claimant was about 55 years, the Tribunal fixing a sum of Rs.9,000/- per month as income is not proper and therefore, this Court is inclined to fix the monthly income of Rs.11,000/- per month. Considering the evidence of PW2 and considering Ex.P7 to Ex.P10, that the injured claimant is suffering from functional disability of 100%. By applying the ratio laid down by the Hon’ble Apex Court in Smt.Sarala Verma and Others v. Delhi Transport Corporation and Another reported in [2009 (2) TNMAC 1 (SC)] and National Insurance Company Limited v. Pranay Sethi reported in [AIR 2017 SC 5157], multiplier “11” is adopted and 10% future prospects should he added. Hence, the compensation under the head of loss of dependency comes to Rs.13,06,800/-. =Rs.11,000 + 10% = Rs.12,100 x 12 x 11/100 = Rs.15,97,200/-

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CMA No. 833 of 2021

15. Considering the fact that due to the accident, the injured claimant’s body below the hip became numb and he is unable to carry out his day to day activities and he is permanently bed ridden. In such circumstances, the compensation of Rs.24,000 x 10 years = Rs.2,40,000/- awarded by the Tribunal towards attendant charges is very meagre and the same has to be enhanced. Considering the fact that he was bedridden for ten years, for attendant charges, this Court is inclined to enhance it to Rs.4,000/- x 12 = Rs.48,000 x 10 = Rs.4,80,000/-. Considering the fact that due to the accident, the injured claimant suffered 100% functional disability and he was suffering with the help of an attender only. In such circumstances, Rs.1,00,000/- under the head of nutrition is very meagre, and this Court is inclined to enhance it to Rs.2,00,000/-. Similarly, the compensation awarded by the Tribunal under the head of Transport Expenses, is also very meagre and the same has to be enhanced to Rs.1,00,000/-. The compensation under other various heads is reasonable and proper. The compensation awarded by the Tribunal is modified as follows:- Sl.No. Compensation Awarded by the Tribunal Amount in Rupees

1. Loss of Disability 13,06,800

2. Attender Charges 4,80,000

3. Pain and Suffering 50,000

4. Loss of Amenities 30,000

5. Future Medical Expenses 50,000

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Mental Agony 25,000

Nutrition 2,00,000

Transport 1,00,000

Medical Bills 4,00,275.80 Total 26,42,075.80 Total (Rounded off) 26,40,000

16. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.22,50,000/- is hereby enhanced to Rs.26,40,000/- together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit. The appellant is directed to pay necessary Court fee, if any, on the enhanced compensation. The second respondent/Insurance Company is directed to deposit the enhanced award amount by this Court, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellants/claimants are permitted to withdraw the enhanced award amount, less the amount if any, already withdrawn. No costs. Consequently, connected Civil Miscellaneous Petition is closed, if any. 11-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MSM

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CMA No. 833 of 2021

To

1. The Additional Sub Judge, Motor Accident Claims Tribunal, Tiruppur.

2. The Section Officer, V.R.Section, High Court, Madras.

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CMA No. 833 of 2021

M.JOTHIRAMAN, J. MSM CMA No. 833 of 2021 11-09-2026

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CMA No. 833 of 2021

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CMA.No.833 of 2021 M.JOTHIRAMAN,J., Today, the case is listed under the caption “for being mentioned” at the instance of the learned counsel appearing for the appellants.

2. Heard the learned counsel appearing for the appellants.

3. It is brought to the notice of this Court that due to the typographical error, the amount awarded under the head of loss of disability was wrongly mentioned as Rs.13,06,800/- instead of Rs.15,97,200/- in paragraph No.15 of the order dated 11.09.2026. Consequently, the total compensation mentioned in paragraph No.16 also requires correction. Hence, the same may be rectified.

4. Considering the submission made by the learned counsel appearing for the appellants, the following corrections are made in the order dated 11.09.2026 :-

i) In para No.15, in the tabular column, in the third column of the first row, the figure“Rs.13,06,800/- shall stand substituted with “Rs.15,97,200/-. Consequently, the total

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amount of compensation shall stand corrected as Rs.29,32,475.80 instead of Rs.26,42,075.80 and the following table shall be substituted:- S.No. Heads of Compensation Amount awarded by this Court

Loss of Disability Rs. 15,97,200/-

Attender Charges Rs. 4,80,000/-

Pain and suffering Rs. 50,000/-

Loss of amenities Rs. 30,000/-

Future Medical Expenses Rs. 50,000/-

Mental agony Rs. 25,000/-

Nutrition Rs. 2,00,000/-

Transport Rs. 1,00,000/-

Medical Bills Rs. 4,00,275.80 Total Rs.29,32,475.80 rounded off to Rs.29,32,000/-

ii) In paragraph No.16, in the third line, the figure “Rs.26,40,000/- shall stand substituted with “Rs.29,32,000/-”.

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5. Registry is directed to carry out the aforesaid corrections and issue fresh copy of the order to the parties.

29.10.2026 kkd

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M.JOTHIRAMAN,J., kkd CMA.No.833 of 2021 29.10.2026

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