CMA(MD)/673/2024 of The united India Assurance Company Limited Vs Elsy on 2 November 2026

JUDGMENT

The second respondent in M.C.O.P. No.61 of 2018, on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Kuzhithurai, has filed this C.M.A.(MD)No.673 of 2024, challenging the award dated 15.02.2024 passed in the said claim petition.

2. Facts of the case:

2.1. The claimant in M.C.O.P. No.61 of 2018 filed the claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.5,00,000/- for the injuries sustained by her in the road accident that occurred on 29.07.2016.

2.2. According to the claimant, she was working as a gardener in a nursery and was also engaged as a coolie for carrying articles. On 29.07.2016, at about 1.30 p.m., he travelled as a worker in a Tata Ace vehicle bearing Registration No.TN-75-C-7924, along with other persons. Due to the rash and negligent driving of the driver of the said vehicle, the vehicle took a nosedive into a channel. In the said accident, the claimant sustained injuries and one of the other occupants died. Based on the occurrence, a First Information Report was registered against the driver of the vehicle.

2.3. The claimant stated that she took treatment from 29.07.2016 to

06.08.2016 and underwent surgeries in respect of the injuries sustained to her left knee and left shoulder. According to her, owing to the injuries sustained in the accident, she was unable to continue her avocation and, therefore, sought compensation.

2.4. The appellant-Insurance Company filed its counter disputing the manner of the accident and the negligence attributed to the driver of the Tata Ace vehicle. The validity of the driving licence of the driver was also disputed. The quantum of compensation claimed by the claimant was also questioned.

2.5. Before the Tribunal, the claimant examined herself as P.W.1 and marked Exs.P1 to P12. On behalf of the Insurance Company, R.W.1, an Assistant working in its office, was examined and Ex.R1 was marked.

3. Findings of the Tribunal:

3.1. Upon consideration of the oral and documentary evidence, the Tribunal fixed negligence on the driver of the Tata Ace vehicle and awarded a sum of Rs.1,94,422/- as compensation on the following heads: Sl.No. Heads Amounts in Rs.

Loss of amenities Rs.1,00,000/-

Pain and suffering Rs.50,000/-

Medical expenses Rs.19,422/-

Nutrition expenses Rs.10,000/-

Attendant charges Rs.10,000/-

Transportation Rs.5,000/-

charges Total Compensation Awarded Rs.1,94,422/-

3.2. Aggrieved by the said award, the Insurance Company has filed the present appeal.

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

4.1. The learned counsel appearing for the appellant-Insurance Company submitted that the Tribunal had awarded a sum of Rs.1,00,000/- towards compensation for injuries without sufficient basis. According to the learned counsel, the claimant had sustained only simple injuries, had not produced any disability certificate and had undergone treatment only for a limited period. Therefore, the award of Rs.1,00,000/- towards injuries was contended to be excessive.

5. Submissions of the learned counsel appearing for the first respondent/claimant:

5.1. Per contra, the learned counsel appearing for the claimant submitted that, considering the nature of the injuries and the treatment undergone by the claimant, compensation could be awarded even in the absence of a disability certificate. It was further submitted that the claimant had undergone surgeries to her left knee and left shoulder and that no amount had been awarded towards

loss of amenities. Hence, the learned counsel sought dismissal of the appeal.

6. This Court considered the submissions made by the learned counsel appearing on either side and perused the materials available on record.

7. The point for determination in this appeal is:

i) Whether the sum of Rs.1,00,000/- awarded by the Tribunal towards compensation for injuries is justified?

8. Discussion and Findings:

8.1. P.W.1, the injured claimant, has specifically deposed that she sustained injuries to her left knee and left shoulder and underwent surgeries. Though the claimant has not produced any disability certificate to establish permanent disability, the medical records available on record indicate that she had undergone surgical treatment. Therefore, the absence of a disability certificate would not, by itself, disentitle the claimant from receiving reasonable compensation for the consequences of the injuries sustained by her.

8.2. However, in the absence of any evidence establishing permanent disability or loss of earning capacity, the award of Rs.1,00,000/- under the specific head of compensation for injuries cannot be sustained in its entirety. At the same time, having regard to the nature of the injuries and the fact that the claimant had undergone surgical treatment involving the left knee and left shoulder, compensation under the head of loss of amenities is to be reconsidered.

8.3. Accordingly, the sum of Rs.1,00,000/- awarded towards compensation for injuries is hereby set aside. In its place, a sum of Rs.30,000/- is awarded towards loss of amenities.

9. Conclusion:

9.1. The other amounts awarded by the Tribunal are hereby confirmed as follows: Sl.No Heads Amount awarded by the Tribunal (Rs.) Re-quantified amount by this Court (Rs.) Status

Loss

of earning capacity 1,00,000/- ----- Set aside

Pain

and suffering 50,000/- 50,000/- Confirmed

Medical expenses Rs.19,422/- 19,422/- Confirmed

Nutrition expenses Rs.10,000/- 10,000/- Confirmed

Attendant charges Rs.10,000/- 10,000/- Confirmed

Transportatio n charges Rs.5,000/- 5,000/- Confirmed

Loss

of amenities ---- 30,000/- Awarded Total 1,94,422/- 1,24,422/- Reduced

10. Result:

10.1. Accordingly, this C.M.A.(MD).No.673 of 2024 is partly allowed.

10.2. The award dated 15.02.2024 in M.C.O.P.No.61 of 2018, on the file of the Motor Accidents Claims Tribunal, the learned Subordinate Judge, Kuzhithurai, is modified and the compensation is reduced from Rs.1,94,422/- to Rs.1,24,422/-. The award is modified to the aforesaid extent. In all other respects, the award of the Tribunal is hereby confirmed.

10.3. The appellant-Insurance Company is directed to deposit the reduced award amount of Rs.1,24,422/-, along with the interest and costs as awarded by the Tribunal, if not already deposited, within a period of eight weeks from the date of receipt of a copy of this judgment.

10.4. On such deposit, the claimant is entitled to withdraw the entire amount, subject to the usual formalities.

10.5. If any amount in excess of the modified award has already been deposited by the Insurance Company and paid to the claimant, the Insurance Company is entitled to seek refund of the excess amount in accordance with law. No costs. Consequently connected Civil Miscellaneous Petition is closed.

02.11.2026

NCC :Yes/No Index :Yes/No Internet :Yes/No aas To

1. The learned Subordinate Judge, The Motor Accident Claims Tribunal, Kuzhithurai.

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

K.K.RAMAKRISHNAN,J. aas C.M.A.(MD).No.673 of 2024