CMA(MD)/13/2023 of Shanmugam Vs Raja on 2 November 2026

JUDGMENT

The claimant in M.C.O.P. No. 378 of 2017, on the file of the Motor Accident Claims Tribunal-cum-Special Sub Judge, Dindigul has filed the present C.M.A.(MD).No. 13 of 2023, seeking enhancement of the compensation awarded by the Tribunal by its judgment and award dated 27.04.2019.

2. Facts of the case:

2.1. According to the claimant, on 08.04.2016, at about 9.00 p.m., he was travelling as a pillion rider on a motorcycle bearing Registration No. TN-57-AZ-7990 along the Kodaikanal–ghat Road Junction Road. At that time, the offending vehicle, namely, a car bearing Registration No. TN-59-P-5009, insured with the respondent Insurance Company, was driven in a rash and negligent manner and dashed against the motorcycle. In the impact, the claimant sustained injuries to his right leg and right hand.

2.2. Immediately after the accident, he was admitted to the Government Hospital, Theni and was subsequently shifted to City Hospital, Dindigul, where he underwent treatment on several occasions. According to the claimant, owing to the injuries sustained in the accident,

he was unable to attend his duties in the Forest Department for a period of six months. At the time of the accident, he was employed as a Forest Watcher and was earning a monthly salary of Rs.32,565/-. Therefore, he filed the claim petition seeking compensation of Rs.15,00,000/-.

2.3. The respondent Insurance Company filed its counter denying the manner of the accident and disputing the negligence attributed to the driver of the insured vehicle. The Insurance Company also disputed the quantum of compensation claimed.

2.4. Before the Tribunal, the claimant examined himself as P.W.1 and Exs.P1 to P7 were marked. Ex.P7 is the disability certificate issued by the Medical Board, assessing the claimant's permanent disability at 65%.

3. Findings of the Tribunal:

3.1. Upon considering the oral and documentary evidence, the Tribunal fixed negligence on the part of the driver of the offending vehicle and awarded compensation of Rs.4,83,500/-. Sl. No. Heads Amounts in Rs.

Pain and Suffering 75,000/-

Loss of Amenities 25,000/-

Partial Permanent Disability 1,95,000/-

Medical Bills 1,63,500/-

Extra Nourishment 20,000/-

Attendar Charges 5,000/- Total Compensation Awarded Rs.4,83,500/-

3.2. Being dissatisfied with the quantum of compensation awarded, the claimant has preferred the present appeal.

4. Submission of the learned counsel appearing for the claimant:

4.1. The learned counsel for the claimant submitted that the claimant was unable to attend his duties for six months owing to the injuries sustained in the accident and during the consequent period of treatment. However, the Tribunal had failed to award any compensation towards the loss of salary during the said period. It was further contended that, although the Medical Board assessed the claimant's permanent disability at 65%, the Tribunal had awarded in adequate compensation under the head of disability. According to the learned counsel, the compensation ought to have been calculated at the rate of Rs.6,000/- per percentage of disability, in accordance with the principles laid down by this Court.

4.2. The learned counsel further submitted that the Tribunal had not awarded any amount towards future medical expenses and that the

compensation of Rs.75,000/- awarded towards pain and suffering was inadequate, having regard to the nature of the injuries and the multiple periods of hospitalisation. Therefore, enhancement of compensation was sought.

5. Submission of the learned counsel appearing for the third respondent / Insurance Company:

5.1. Per contra, the learned counsel appearing for the respondent Insurance Company vehemently opposed the appeal, contending that the Tribunal had considered the entire evidence on record and awarded just compensation. It was further submitted that no additional evidence had been adduced before this Court to establish the claimant's entitlement to any further amount. Hence, the learned counsel prayed for dismissal of the appeal.

6. This Court considered the rival submissions and perused the records.

7. Discussion and findings:

7.1. The point for determination is whether the claimant is entitled to enhancement of compensation.

7.2. Admittedly, the claimant was employed in the Forest Department as a Forest Watcher and was earning a monthly salary of

Rs.32,565/- at the time of the accident. He specifically deposed that, owing to the injuries sustained in the accident, he was unable to attend his duties for a period of six months. The medical records, including the discharge summaries and medical bills, were marked before the Tribunal without objection. The records establish that the claimant underwent treatment from the date of the accident, namely, 08.04.2016, until 04.09.2016, with hospitalisation on several occasions.

7.3. The Insurance Company has not adduced any contra evidence to disprove the claimant's specific testimony regarding his inability to attend duty during the period of treatment. In the absence of any contrary evidence, and having regard to the medical records, this Court finds that the claimant is entitled to compensation towards the loss of salary for six months. Accordingly, the compensation under this head is calculated as follows: Rs.32,565 × 6 = Rs.1,95,390/-.

7.4. As regards permanent disability, the Medical Board assessed the claimant's disability at 65%. However, the Tribunal awarded compensation at the rate of only Rs.3,000/- per percentage of disability. Considering that the accident occurred in the year 2016 and having regard to the principles adopted by this Court in assessing compensation for

permanent disability, this Court is inclined to enhance the rate to Rs.5,000/- per percentage of disability.

7.5. Accordingly, the compensation towards permanent disability is recalculated as follows: 65 × 5000 = 3,25,000/-.

7.6. The Tribunal's award under this above head shall stand modified accordingly.

7.7. As regards future medical expenses, the Tribunal had not awarded any amount under this head. Considering the nature of the injuries sustained and the treatment undergone by the claimant, this Court finds it appropriate to award a sum of Rs.50,000/- towards future medical expenses.

7.8. With regard to pain and suffering, the records disclose that the claimant underwent treatment and was hospitalised on several occasions, particularly from 09.04.2016 to 02.05.2016, from 23.05.2016 to 31.05.2016, and from 21.08.2016 to 04.09.2016. Having regard to the injuries sustained in the right leg and right hand, the involvement of the tibia bone and the prolonged course of treatment, the sum of Rs.75,000/- awarded by the Tribunal is inadequate. Accordingly, this Court enhances the compensation towards pain and suffering to Rs.2,00,000/-.

8. Conclusion:

8.1. In view of the foregoing discussion, this Court finds that the claimant is entitled to enhancement of compensation under the heads of loss of salary during the treatment period, permanent disability, future medical expenses, and pain and suffering. The remaining components of the award passed by the Tribunal are confirmed. S. No Heads Amount awarded by the Tribunal (Rs.) Re-quantified amount by this Court (Rs.) Status

Loss of salary during the treatment period ---- 1,95,390/- Awarded

Pain and Suffering 75,000/- 2,00,000/- Enhanced

Loss of Amenities 25,000/- 25,000/- Confirmed

Permanent Disability 1,95,000/- 3,25,000/- Enhanced

Medical Bills 1,63,500/- 1,63,500/- Confirmed

Future

Medical Expenses ---- 50,000/- Awarded

Extra Nourishment 20,000/- 20,000/- Confirmed

Attendar Charges 5,000/- 5,000/- Confirmed Total Compensation Awarded Rs.4,83,500/- Rs.9,83,890/- Enhanced

9. Result:

9.1. Accordingly, the C.M.A.(MD).No.13 of 2023 is partly allowed.

9.2. The award dated 27.04.2019 in M.A.C.O.P.No. 378 of 2017 on

the file of the Motor Accident Claims Tribunal, The learned Special Sub Judge Court, Dindigul is modified and the compensation is enhanced from Rs.4,83,500/- to Rs.9,83,890/-, together with interest at the rate of 7.5% per annum from the date of the claim petition.

9.3. The third respondent / Insurance Company is directed to deposit the enhanced compensation of Rs.9,83,890/-, together with interest at the rate of 7.5% per annum from the date of filing of the claim petition, after adjusting the amount, if any, already deposited, within the period of eight weeks from the date of receipt of a copy of this judgment.

9.4. Upon such deposit, the claimant is permitted to withdraw the amount in accordance with law. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No aas To

1. The Motor Accident Claims Tribunal, The Special Sub Judge Court, Dindigul.

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

K.K.RAMAKRISHNAN, J. aas CMA(MD) No. 13 of 2023 02-11-2026