CMA(MD)/647/2023 of MOORTHY Vs Manoharan on 2 November 2026

JUDGMENT

The claimant in M.C.O.P. No.63 of 2015, on the file of the Motor Accident Claims Tribunal-cum-Principal Subordinate Judge, Pudukkottai, has filed the present C.M.A.(MD).No.647 of 2023 seeking enhancement of the compensation awarded by the Tribunal vide order dated 28.02.2020.

2. Facts of the case:

2.1. According to the claimant, on 08.02.2015, in the early morning hours, while he was riding his bicycle on the Keeranur–Kulathur Main Road, the offending vehicle, bearing Reg.No.TN-81-Z-3819 insured with the second respondent Insurance Company, was driven by its driver in a rash and negligent manner and hit the bicycle. Due to the impact, the claimant sustained injuries to his right leg, right hand and head. He was admitted in the hospital and underwent treatment for more than 20 days and required about six months for recovery.

2.2. The claimant was working as a tailor and, according to him, owing to the injuries sustained in the accident, he was unable to continue his avocation. Hence, he filed the claim petition seeking compensation of Rs.7,00,000/- with interest.

2.3. The Insurance Company filed its counter denying the manner of the

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C.M.A.(MD).No.647 of 2023 accident and disputing its liability. It was also contended that the rider of the offending two-wheeler did not possess a valid driving licence and, therefore, the Insurance Company was not liable.

2.4. Before the Tribunal, on the side of the claimant, the claimant examined himself as P.W.1 and marked Exs.P1 to P14. On the side of the Insurance Company, its Manager was examined and Exs.R1 and R2 were marked.

3. Findings of the Tribunal:

3.1. Upon appreciation of the evidence, the Tribunal fixed negligence on the rider of the offending vehicle and awarded a sum of Rs.9,35,000/- as compensation with interest at 7.5% per annum from the date of the claim petition. The Tribunal also ordered pay and recovery. Sl.No . Heads Amount in Rs.

Loss of Income 12,000/-

Pain and suffering 10,000/-

Damages to clothes and articles 2,000/-

Medical Expenses 20,340/-

Transportation 5,000/- Total 49,340/-

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C.M.A.(MD).No.647 of 2023

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

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

4.1. The learned counsel appearing for the claimant submitted that the claimant had sustained injuries to his right leg and had undergone surgeries and prolonged treatment. The Medical Board had assessed his permanent disability, but the Tribunal had failed to award any amount towards the disability. It was further submitted that no adequate amount had been awarded towards pain and suffering and that no amount had been awarded towards attendant charges and loss of amenities. Hence, enhancement was sought.

5. Submissions of the learned counsel appearing for the second respondent/Insurance company:

5.1. The learned counsel appearing for the Insurance Company opposed the appeal and submitted that the compensation awarded by the Tribunal was just and reasonable and that there was no ground for further enhancement.

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C.M.A.(MD).No.647 of 2023

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

7. The following question arises for consideration:

7.1. Whether the claimant is entitled to enhancement of the compensation awarded by the Tribunal?

8. Discussion and findings

8.1. From the medical records, it is clear that the claimant sustained multiple injuries, particularly to the right leg. He also sustained injuries to his right hand and head and underwent treatment for more than 20 days, including surgical intervention.

8.2. Though the claimant has contended that, owing to the injuries, he was unable to continue his avocation as a tailor, there is no sufficient evidence to establish complete loss of earning capacity. Therefore, no separate amount is warranted towards loss of earning capacity on the basis of the said contention.

8.3. However, the Medical Board had assessed the claimant's permanent disability at 40%. The Tribunal has not awarded any amount towards the permanent disability. Having regard to the nature of the injuries and the permanent disability

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C.M.A.(MD).No.647 of 2023 assessed by the Medical Board, this Court is of the view that the claimant is entitled to compensation towards permanent disability at the rate of Rs.5,000/- per percentage. Accordingly, for 40% permanent disability, a sum of Rs.2,00,000/- is awarded.

8.4. The Tribunal had awarded only Rs.10,000/- towards pain and suffering. Considering the nature of the injuries, the period of hospitalisation and the surgeries undergone by the claimant, the amount under this head is enhanced to Rs.1,00,000/-.

8.5. The Tribunal has not awarded any amount towards loss of amenities. Considering the permanent disability and the consequent discomfort likely to be experienced by the claimant in his day-to-day life, a sum of Rs.1,15,000/- is awarded towards loss of amenities.

9. Conclusion:

9.1. Accordingly, the claimant is entitled to enhancement of compensation under the following heads: Sl. No. Heads Award of the Tribunal Re-quantified by this Court Status

Loss of Income 12,000/- 12,000/- Confirmed

Pain and Sufferings 10,000/- 1,00,000/- Enhanced

Damages to Clothes and 2,000/- 2,000/- Confirmed

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C.M.A.(MD).No.647 of 2023 Articles

Medical Expenses 20,340/- 20,340/- Confirmed

Transportation 5,000/- 5,000/- Confirmed

Permanent Disability 40% --- 2,00,000/- Awarded

Loss of Amenities --- 1,15,000/- Awarded Total 49,340/- 4,54,340/- Enhanced

10. Result:

10.1. In the result, the C.M.A.(MD).No.647 of 2023 is partly allowed.

10.2. The award dated 28.02.2020 in M.C.O.P.No.63 of 2015 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Pudukkottai, is herey modified and the compensation is enhanced from Rs.49,340/- to Rs.4,54,340/- together with interest at the rate of 7.5% per annum from the date of the claim petition.

10.3. The Insurance Company is directed to deposit the modified entire award amount of Rs.4,54,340/-, together with interest at the rate of 7.5% per annum from the date of the claim petition, within a period of eight weeks from the date of receipt of a copy of this judgment.

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C.M.A.(MD).No.647 of 2023

10.4. On such deposit, the claimant is entitled to withdraw the same, in accordance with law. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sbn

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C.M.A.(MD).No.647 of 2023 To

1. The Principal Sub Court, Motor Accident Claims Tribunal, Pudukkottai.

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

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C.M.A.(MD).No.647 of 2023 K.K.RAMAKRISHNAN, J. sbn CMA(MD) No. 647 of 2023 02-11-2026

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