CMA(MD)/1036/2024 of Jackson Augustin Vs P.Thirumani on 2 November 2026

ORDER

The claimant in M.A.C.O.P. No.02 of 2019, on the file of the Motor Accident Claims Tribunal, Sub Court, Thoothukudi, has filed the present C.M.A.(MD).No.1036 of 2024, seeking enhancement of the compensation awarded by the Tribunal in M.A.C.O.P. No.02 of 2019, dated 18.04.2024.

2. Facts of the case:

2.1. According to the claimant on 12.04.2017, he was proceeding along with his friends in an Omni car bearing Registration No.TN-92-4044. At that time, the offending vehicle, namely, a Mahindra Tourister bearing Registration No.TN-20-CY-1576, came in the opposite direction in a rash and negligent manner and dashed against the Omni car. Due to the accident, the claimant sustained grievous injuries to his right thigh, right hand and left head, resulting fractures. He was admitted in a private hospital and took treatment and undergone various surgeries. Hence, he filed the claim petition claiming a sum of Rs.50,00,000/- as compensation. He further stated, that due to an injury, he unable to continue his business.

2.2. The respondent/Insurance Company filed a counter denying the manner of the accident and the negligence attributed to the driver of the insured

vehicle and also disputed the quantum of compensation claimed. An additional counter was also filed contending that the insured vehicle was driven by its driver without a valid driving licence and, therefore, there was a violation of the terms and conditions of the insurance policy.

2.3. Before the Tribunal, in order to substantiate his claim, the claimant examined himself as P.W.1 and examined P.Ws.2 and 3 and marked Exs.P1 to P12. On the side of the respondent/Insurance Company, R.Ws.1 and 2 were examined.

3. Findings of the Tribunal:

3.1. After considering the entire evidence available on record, the Tribunal fixed the negligence upon the driver of the insured vehicle and awarded a sum of Rs.3,16,612/- as compensation under the following heads:- Sl. No. Heads Amounts in Rs.

Disability at Rs.4000x10 40,000/-

Attendance Charges 5,000/-

Pains and sufferings 20,000/-

Transport to Hospital 10,000/-

Extra Nourishment 10,000/-

Loss of Convenience 15,000/-

Loss of Income 20,000/-

Medical Expenses 1,96,612/- Total Compensation Awarded Rs.3,16,612/-

3.2. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

4. Submissions of the learned counsel appearing for the appellant:

4.1. The learned counsel appearing for the claimant submitted that, due to the accident, the claimant sustained grievous injuries and underwent multiple surgeries. By referring to the photographs, the learned counsel submitted that the claimant is totally unable to resume his avocation. It was further submitted that, considering the nature of the injuries and the permanent disability suffered by the claimant, the Tribunal ought to have adopted the multiplier method for assessing the loss of earning capacity.

4.2. The learned counsel further submitted that, though the disability certificate was produced, the Tribunal awarded only Rs.4,000/- per percentage of disability instead of Rs.7,000/- per percentage. It was also submitted that, despite the claimant having undergone multiple surgeries and had prolonged treatment, only Rs.20,000/- was awarded towards pain and suffering. No adequate amount was awarded towards attendant charges and medical expenses. Hence, the learned counsel sought enhancement of the compensation and adoption of the multiplier method for assessing the loss of earning capacity.

5. Submissions of the learned counsel appearing for the respondents:

5.1. Per contra, the learned counsel appearing for the Insurance Company vehemently opposed the appeal and submitted that the Tribunal, after considering the entire evidence available on record, had awarded just and reasonable compensation and that no valid ground had been made out by the claimant for enhancement of the compensation.

6. This Court considered the rival submissions made by the learned counsel appearing for both sides and perused the materials available on record.

7. Discussion and findings:

7.1. The claimant, in his deposition, has specifically stated that he took treatment at the Orthopaedic Hospital, Nagercoil, from 12.02.2017 to 19.04.2017 and thereafter also took further treatment at Thiraviyam Hospital. It is evident from the records that the claimant underwent multiple surgeries and skin grafting procedures. Considering the nature of the injuries and the prolonged treatment undergone by the claimant, this Court is of the view that the claimant would have been unable to resume his avocation namely business during the relevant period.

7.2. However, insofar as the permanent disability is concerned, the Disability Board has assessed the disability at 10%. The Tribunal has awarded only Rs.4,000/- per percentage of disability. In view of the prevailing principles adopted by this Court, the same is inadequate. Accordingly, the compensation

towards permanent disability is enhanced from Rs.40,000/- to Rs.70,000/-, by adopting Rs.7,000/- per percentage of disability.

7.3. The Tribunal has awarded only Rs.5,000/- towards attendant charges. Considering the nature of the injuries and the prolonged treatment undergone by the claimant, this Court is inclined to enhance the same to Rs.20,000/-. Towards pain and suffering, the Tribunal has awarded only Rs.20,000/-. Considering the multiple surgeries undergone by the claimant and the nature of treatment taken by him for a considerable period, this Court is inclined to enhance the same to Rs.50,000/-. The compensation towards loss of income is also enhanced to Rs.30,000/-.

7.4. Further, considering the medical treatment undergone by the claimant and the expenses incurred by him, this Court is inclined to award a sum of Rs.50,000/- towards medical expenses.

7.5. Thus, the claimant is entitled to an additional compensation of Rs.1,35,000/- over and above the amount awarded by the Tribunal.

8. Conclusion:

8.1. For the foregoing reasons, the compensation awarded by the Tribunal to the claimant is re-determined as follows:- Sl. No Heads Amount awarded by Re- quantified Status the Tribunal (Rs.) amount by this Court (Rs.)

Permanent Disability 40,000/- 70,000/- Enhanced

Attendance Charges 5,000/- 20,000/- Enhanced

Pains

and sufferings 20,000/- 50,000/- Enhanced

Transport to Hospital 10,000/- 10,000/- Confirmed

Extra Nourishment 10,000/- 10,000/- Confirmed

Loss

of Convenience 15,000/- 15,000/- Confirmed

Loss

of Income 20,000/- 30,000/- Enhanced

Medical Expenses 1,96,612/- 2,46,612/- Enhanced Total 3,16,612/- 4,51,612/- Enhanced

9. Result:

9.1. In the result, this C.M.A.(MD).No.1036 of 2024 is partly allowed.

9.2. The award dated 18.04.2024 in M.A.C.O.P. No.2 of 2019 on the file of the Motor Accident Claim Tribunal, Sub Court, Thoothukudi is modified and the compensation is enhanced from Rs.3,16,612/- to Rs.4,51,612/-, together with interest at the rate of 7.5% per annum from the date of the claim petition.

9.3. The respondent/Insurance Company is directed to deposit the enhanced compensation amount of Rs.4,51,612/-, together with interest at the

rate of 7.5% per annum, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited.

9.4. On such deposit being made, the claimant is entitled to withdraw the entire compensation amount, including the enhanced amount, together with accrued interest and costs, in accordance with law. 02.11.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No aas To

1. The Motor Accident Claims Tribunal, The Sub Court, Thoothukudi District.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN,J. aas C.M.A.(MD).No.1036 of 2024 02.11.2026