CMA(MD)/425/2013 of KARUPPIAH Vs SURESHKUMAR on 2 November 2026

J U D G M E N T

The claimant in M.C.O.P.No.165 of 2006, on the file of the Motor Accidents Claims Tribunal-cum-Civil Judicial Magistrate, Karur, has filed the present Civil Miscellaneous Appeal in CMA(MD).No.425 of 2013, seeking enhancement of the compensation awarded by the Tribunal by order dated 29.12.2006.

2. Fact of the case:

2.1. According to the claimant, on 24.03.2003, while he was travelling along with others in a passenger bus bearing Registration No.TN-33-X-6070, which was insured with the respondent-Insurance Company, the bus met with an accident, resulting in serious injuries to him and others. The claimant was immediately admitted in the hospital and took treatment. Hence, he filed the claim petition seeking compensation of Rs.5,00,000/-.

C.M.A.(MD).No.425 of 2013

2.2. The Insurance Company filed a counter statement and denied all the averments made in the claim petition. The respondent denying the manner of accident and contended that the injured himself was responsible for the accident. The income, occupation, and compensation claimed were also disputed.

2.3. During trial, on the side of the claimant, P.W.1 to P.W.20 were examined and Exs.P1 to P26 were marked. On the side of the respondents/Insurance Company, neither witness was examined nor documents were marked.

3. Findings of the Tribunal:

3.1. The Tribunal, considering the pleadings, oral and documentary evidence, and arguments of the counsel for the appellant and the respondents held that the accident occurred only due to the rash and negligent driving by the driver of the third respondent transport corporation, to pay a sum of Rs.9,500/- (Rupees Nine Thousands and five Hundred Only) as a total compensation along with interest from the date of filing of the claim petition.

3.2. Aggrieved against the said award dated 29.12.2006 appellant/claimant has filed the present appeal.

4. Submission of the learned counsel for the appellant:

C.M.A.(MD).No.425 of 2013

4.1. The learned counsel appearing for the claimant submitted that the claimant sustained serious injuries to his stomach, mouth and jaw and was initially treated as an inpatient at the Government General Hospital and thereafter continued treatment for the injuries sustained in the abdominal region at the Government Hospital. It was further submitted that the claimant incurred medical expenses of more than Rs.50,000/-.

4.2. The learned counsel further submitted that, owing to the injuries sustained in the accident, the claimant was unable to continue his avocation. Even prior to the accident, the claimant was physically handicapped; however, following the accident, his condition further worsened. He was working as a driver and, due to the injuries sustained in the accident, he was unable to continue his vocation. Therefore, the compensation of Rs.9,500/- awarded by the Tribunal is wholly inadequate and requires substantial enhancement.

5. Submission of the learned counsel appearing for the respondents: The learned counsel appearing for the respondent would submit that either before the Tribunal or before this Court, the claimant has not produced any evidence to enhance the compensation. The Tribunal upon proper appreciation of material adduced correctly granted just compensation and hence, no interference warranted. Hence, they sought to dismiss the same.

6. This Court has considered the rival submissions made by the learned

C.M.A.(MD).No.425 of 2013 counsel appearing on either side and carefully perused the entire materials available on record.

7. The following point arise for consideration of this appeal:

(i) Whether the learned Tribunal Judge is correct in fixing the compensation as arrived in the award?

8. Discussion and Findings:

8.1. The evidence of PW1 clearly establishes the nature and extent of the injuries sustained by the claimant. He also admitted in the hospital on 3 occasions and deposed that he incurred medical expenses of Rs.50,000/-. His evidence has also been subjected to cross, and nothing material has been elicited therein to disbelieve the occurrence or the injuries sustained by him. The doctor was also examined before the Tribunal, and the medical records and medical bills were produced to substantiate the treatment undergone and the expenditure incurred by the claimant.

8.2. Having regard to the oral and documentary evidence available on record, particularly the evidence of PW1, the medical evidence and the medical bills, this Court finds that the compensation of only Rs.9,500/- awarded by the learned Tribunal is wholly inadequate and does not reflect the correct approach as to the nature of the injuries and treatment undergone by the claimant. He has undergone some treatment for injuries in cheeks, mouth, stomach and hence, he is entitled to

C.M.A.(MD).No.425 of 2013 Rs.30,000/- for pain and sufferings. Even though, the claimant not produced any medical bills to prove the medical expenses, he took treatment on various occasions. Therefore, this Court inclines to grant Rs.25,000/- under head of Medical Expenses. He was driver and hence, this Court inclines to award a sum of Rs.10,000/- under the head of loss of income during the treatment period.

8.3. Considering the overall circumstances, the nature of the injuries, the treatment undergone by the claimant and the medical expenses incurred by him, this Court is of the view that a sum of Rs.50,000/- would be just and reasonable compensation. Accordingly, the compensation awarded by the learned Tribunal is enhanced from Rs.9,500/- to Rs.1,15,000/-, which is hereunder: Sl. No. Heads Amount awarded by the Tribunal Re-quantified by this Court Status

Medical Expenses --- 50,000/- Awarded

Pain and suffering --- 30,000/- Awarded

Future medical Expenses --- 25,000/- Awarded

Loss of income during the treatment period --- 10,000/- Awarded

Award of Trial Court 9,500/- --- Total 9,500/- 1,15,000/- Enhanced

9. Conclusion:

C.M.A.(MD).No.425 of 2013

9.1. Accordingly, the Civil Miscellaneous Appeal is partly allowed.

9.2. The compensation awarded in M.C.O.P. No.165 of 2006 on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Karur, dated 29.12.2006 is hereby enhanced from Rs.9,500/- to Rs.1,15,000/- with interest of 7.5%. The appellant insurance company is hereby directed to deposit the modified amount with accrued interest and costs, less any amount if already deposited, within a period of one month from the date of receipt of a copy of this judgment.

9.3. On such deposit, the claimant is entitled to withdraw the same together with accrued interest in accordance with law, less the amount if any already withdrawn, by making necessary application before the Tribunal. There shall be no order as to costs.

02.11.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

C.M.A.(MD).No.425 of 2013 To

1. The Motor Accident Claims Tribunal Chief Judicial Magistrate, Karur.

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

C.M.A.(MD).No.425 of 2013 K.K.RAMAKRISHNAN,J. sbn Judgment made in C.M.A.(MD).No.425 of 2013 Dated:02.11.2026