CMA(MD)/268/2019 of THE BRANCH MANAGER Vs GAJENDIRAN on 2 November 2026

J U D G M E N T

The second respondent before the Motor Accidents Claims Tribunal-cum- Special Sub Judge, Thanjavur, in M.C.O.P. No. 1160 of 2017, have filed the present CMA.(MD).No.268 of 2019, challenging the award dated 08.10.2018 passed in the said claim petition.

2. Facts of the case:

2.1. The claimant filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.15,00,000/- in respect of the injuries sustained by him in a road traffic accident that occurred on 09.07.2017 at about 9.30 a.m. According to the claimant, he was working as a Line - Inspector in the Electricity Board. On the date of the accident, while he was walking from east to west on the Thanjavur–Nagapattinam Main Road near Kovilur Bus Stand, the offending vehicle bearing Registration No. TN-22-BH-7666, insured with the appellant-Insurance Company, was driven by its driver in a rash and negligent manner and dashed against him.

2.2. Due to the impact, the claimant sustained injuries to his right shoulder, right hand, right leg and foot, besides an injury affecting his right eye. He was admitted in the Government Hospital, Thanjavur, and underwent treatment. Claiming that he had sustained permanent disability and incurred

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CMA(MD) No. 268 of 2019 substantial expenditure towards treatment, he sought compensation.

2.3. The appellant-Insurance Company filed its counter disputing the manner of the accident, the nature and extent of the injuries and the quantum of compensation claimed. It was also contended that the driver of the insured vehicle did not possess a valid driving licence and, therefore, the Insurance Company was not liable to satisfy the award.

2.4. Before the Tribunal, the claimant examined himself as P.W.1 and examined another witness as P.W.2 and Exs.P1 to P18 were marked, including the disability certificate, on the side of the claimant.

3. Findings of the Tribunal:

3.1. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident occurred due to the rash and negligent driving of the offending vehicle and awarded a sum of Rs.3,91,832/- as compensation on the following heads, together with interest at the rate of 7.5% per annum from the date of the claim petition. Sl. No. Heads Amounts in Rs.

Partly

Permanent Disability 1,45,800/-

Pain and Sufferings 1,00,000/-

Loss of Amenities 1,00,000/-

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Medical Expenses 13,064/-

Extra Nourishment 10,000/-

Attender Charges 10,000/-

Transport Expenses 12,968/- Total Compensation Awarded Rs.3,91,832/-

3.2. Aggrieved by the quantum of compensation, the Insurance Company has preferred the present appeal.

4. Submission of the learned counsel appearing for the appellant/Insurance Company:

4.1. The learned counsel appearing for the appellant-Insurance Company submitted that the claimant, admittedly being a Lineman, had resumed his employment after the accident and continued to discharge his duties. Therefore, the Tribunal ought not to have awarded compensation under the various heads to the extent granted. It was contended that the award of Rs.3,91,832/- was excessive and contrary to the principles laid down by the Hon'ble Supreme Court governing assessment of compensation.

5. Though notice has been served on the respondents/claimants, there is no representation on their behalf.

6. This Court considered the rival submissions and perused the materials available on record.

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CMA(MD) No. 268 of 2019

7. Discussion and negligence:

7.1. At the outset, this Court finds that the claimant is an injured witness. His evidence is required to be considered along with Ex.P1-FIR and the other contemporaneous materials available on record. On such consideration, this Court finds no reason to interfere with the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the offending vehicle. Accordingly, the finding on negligence is hereby confirmed.

7.2. As regards the injuries, P.W.1 has clearly deposed about the injuries sustained by him and the treatment undergone by him. The materials on record disclose injuries to the right leg, right shoulder and right eye. The Tribunal has also taken into consideration Ex.P18-disability certificate, under which the partial permanent disability was assessed at 28% under the bone fracture and the permanent disability was assessed of 30% under the eye vision. Totally, disability to the claimant of 48.6%.

7.3. Having regard to the nature of the injuries and the evidence on record, this Court finds no reason to interfere with the sum of Rs.1,45,800/- awarded towards permanent disability. Likewise, the amount of Rs.1,00,000/- awarded towards pain and suffering is also found to be reasonable. The amounts awarded towards medical expenses, extra nourishment, attendant charges and transportation are also supported by the materials on record and do not warrant

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CMA(MD) No. 268 of 2019 interference.

7.4. However, insofar as the amount awarded towards loss of amenities is concerned, the Tribunal has awarded a sum of Rs.1,00,000/-. Having regard to the overall compensation awarded under the other heads and the evidence regarding the claimant's continuing employment, this Court is of the view that the said amount is slightly excessive. Hence, the amount awarded towards loss of amenities is reduced from Rs.1,00,000/- to Rs.75,000/-.

8. Conclusion:

8.1. Accordingly, the compensation awarded by the Tribunal is hereby modified as follows: Sl.No Heads Amount awarded by the Tribunal (Rs.) Re-quantified amount by this Court (Rs.) Status

Partly Permanent Disability 1,45,800/- 1,45,800/- Confirmed

Pain

and Sufferings 1,00,000/- 1,00,000/- Confirmed

Loss

of Amenities 1,00,000/- 75,000/- Reduced

Medical Expenses 13,064/- 13,064/- Confirmed

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

Attender 10,000/- 10,000/- Confirmed

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CMA(MD) No. 268 of 2019 Charges

Transport Expenses 12,968/- 12,968/- Confirmed Total 3,91,832/- 3,66,832/- Reduced

9. Result:

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CMA(MD) No. 268 of 2019

9.1. In the result, the C.M.A.(MD).No.268 of 2019 is partly allowed.

9.2. The award dated 08.10.2018 passed in M.C.O.P. No.1160 of 2017 on the file of Motor Accidents Claims Tribunal, Special Sub Court, Thanjavur is modified and the compensation is reduced from Rs.3,91,832/- to Rs.3,66,832/-, together with interest at the rate of 7.5% per annum from the date of the claim petition.

9.3. The appellant-Insurance Company is directed to deposit the reduced award amount of Rs.3,66,832/-, together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, after adjusting the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this judgment.

9.4. On such deposit, the claimant is entitled to withdraw the entire amount. If the appellant has deposited any amount in excess of the modified award, it is at liberty to withdraw the excess amount. There shall be no order as to costs. Consequently, connected civil miscellaneous petition is closed.

02.11.2026 NCC :Yes/No

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CMA(MD) No. 268 of 2019 Index :Yes/No Internet :Yes/No aas To

1. The Motor Accident Claims Tribunal, The Special Sub Court, Thanjavur.

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

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K.K.RAMAKRISHNAN,J. aas C.M.A.(MD).No.268 of 2019

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