CMA/732/2024 of B. RAMANUJAM Vs VIJAYA on 2 November 2026

JUDGMENT

The unsuccessful appellant/claimant has filed this appeal seeking to

CMA No. 732 of 2024

enhance the compensation.

2. According to the claimant on 31.05.2017 when the claimant was proceeding in his two wheeler bearing registration No.TN-01-XU-780 the first respondent drove his two wheeler bearing registration No. TN-25-BC7480 in a rash and negligent manner and came in the opposite direction and dashed against the claimant/appellant, as a result of which the claimant sustained injuries all over the body. He was taken to Government Hospital, Tindivanam and thereafter he was admitted in a private Hospital at Chennai. According to the claimant, the accident has occurred only due to the negligent of the first respondent hence the first respondent/ owner of the two wheeler and the second respondent/Insurer of the two wheeler are jointly liable to pay compensation to the claimant.

3. The second respondent /Insurance Company has filed a counter statement wherein they have denied the manner of accident and does not admit any of the allegations contained in the petition except those that are expressly and specifically admitted herein and the claimant is put to strict proof of the same. He further submits that the claimant has not followed the Traffic Rules and drove the vehicle in a rash and negligent manner and fixing the negligence on the part of the first respondent is not correct. In the absence of negligence on

CMA No. 732 of 2024

the part of the first respondent, the second respondent is not liable to pay the compensation. .

4. On the side of the claimant/appellant, the appellant was examined as P.W.1 and documents Exs.P1 to P25 were marked. On the side of the second respondent/Insurance Company no witness have been examined and one document was marked as Ex.D1.

5. On a analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.5,000/- per percentage for disability and quantified Rs.75,000/-(Rs.5,000 x 15%) under the head disability; Rs. 54,000/- towards loss of earnings; Rs.40,000/-towards pain and sufferings; Rs.3,10,049/- towards medical receipts; Rs.10,000/- towards nutrition; Rs.20,000/- towards damages of clothes; Rs.10,000/- towards Transport expenses; Rs.24,000/- towards attender charges. Aggrieved by the award passed by the Tribunal, the appellant has preferred an appeal challenging the negligence and also the quantum of compensation awarded by the tribunal.

6. The learned counsel for the appellant/claimant submits that the Appellant/Claimant sustained injuries all over the body and also sustained facial injuries, but the tribunal has fixed Rs.5,000/- per disability. He further submitted that the accident has occurred on 25.02.2017, hence fixing Rs.5,000/-

CMA No. 732 of 2024

is very low . Further the claimant was admitted in the hospital for more than 17 days and the Tribunal has awarded only Rs.10,000/- towards Transport expenses and Rs.24,000/- towards attender charges. He further submits that the amount awarded under other heads are also very meager. Hence, prays to enhance the award amount by allowing this appeal.

7. Per contra the learned counsel for the second respondent/Insurance company would submits that at the time of the accident the first respondent was riding his vehicle with due caution following the traffic rules and the claimant has drove his vehicle in a rash and negligent manner and caused the accident. He further submits that considering the nature of injuries sustained by the appellant, the amount awarded by the Tribunal is proper and reasonable, prays to dismiss this appeal.

8. This Court considered the rival submissions made on either side and perused the records carefully.

9. On a perusal of the award passed by the Tribunal it is seen that the Tribunal appreciating the Medical receipts which is marked as ExP.15 and 16, has awarded Rs.5,000/- per percentage for disability and quantified Rs.75,000/- (Rs.5,000 x 15%). Considering the fact that the accident has occurrent in the year 2017 and considering the cost of living at that time, this Court is inclined to

CMA No. 732 of 2024

enhance to Rs.7,000/- and Rs.1,05,000/- (Rs.7,000/- x 15%) is awarded under the head loss of income. Considering the nature of injuries the appellant would not be able to go for job atleast for a period of 6 months, whereas the Tribunal has taken only 3 months into consideration and the same is enhanced to Rs.90,000/- ( Rs.15,000/-x6). It is also seen that the appellant was admitted in the hospital as in-patient for more than 17 days, hence the amount awarded under the hear pain and sufferings, , and attender charges are also very meager and the same is enhanced to Rs.75,000/-,Rs.25,000/-,and Rs. 70,000/-.The amounts awarded by the Tribunal under the other heads are just and reasonable and the same are hereby confirmed. Thus, the compensation modified by this Court is tabulated hereunder :- S.No Heads of Compensation Amount awarded by the Tribunal Amount awarded by this Court

Disability Rs.75,000/- Rs.1,05,000/-

Loss of income Rs.54,000/- Rs.90,000/-

Pain and sufferings Rs.40,000/- Rs.75,000/-

Medical expenses Rs.3,10,049/- Rs.3,10,049/-

Nutrition Rs.10,000/- Rs.25,000/-

Damages to clothes Rs.2,000/- Rs.2,000/-

Transport expenses Rs.,10,000/- Rs.10,000/-

Attender charges Rs.24,000/- Rs.70,000/- Total Rs.5,25,049/- Rs.6,87,049/-

10. Accordingly, this Civil Miscellaneous Petition stands partly allowed

CMA No. 732 of 2024

and the award dated 31.08.2023 in MCOP.NO. 1599 of 2019 on the file of Motor Accident Claims Tribunal at Tindivanam is enhanced and the claimant are entitled to compensation for Rs.6,87,049/- from the second respondent/ Insurance company along with interest @ 7.5% p.a. from the date of claim petition till the date of deposit. The second respondent/ Insurance Company shall deposit the amount enhanced by this Court, less amount already deposited if any, before the Tribunal within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimant is entitled to withdraw the same on filing appropriate application before the Tribunal. 07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.

1. The Motor Accident Claims Tribunal at Tindivanam

2. The New India Insurance Co.Ltd TP Claim HUB, Divisional Office, 179 J.N.St, 3rd Floor, Puducherry.

CMA No. 732 of 2024

M.JOTHIRAMAN, J. SMN CMA No. 732 of 2024 07-09-2026

CMA No. 732 of 2024

CMA.No.732 of 2024 M.JOTHIRAMAN,J. Today, the case is listed under the caption “for being mentioned” at the instance of the learned counsel appearing for the appellant.

2. Heard the learned counsel for the appellant.

3. It is brought to the notice of this Court that the word “ No costs” have been omitted in paragraph No.10 of the Judgment of this Court dated 07.09.2026.

4. Considering the submission of the learned counsel appearing for the appellant, the following correction is hereby made in the Judgment dated 07.09.2026 :-

i) In paragraph No.10 of the last line, after the word “Tribunal” the words “No costs” shall stand inserted.

CMA No. 732 of 2024

M.JOTHIRAMAN,J., kkd

5. Registry is directed to carry out the aforesaid corrections and issue fresh copy of the order to the parties.

02.11.2026 kkd CMA.No.732 of 2024