CMA(MD)/736/2024 of Ragupathi Vs Shiek Hussian on 2 November 2026

JUDGMENT

The claimant in M.C.O.P. No.37 of 2018, on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Paramakudi, has filed the present C.M.A.(MD). No.736 of 2024, seeking enhancement of the compensation awarded by the Tribunal by its judgment and award dated 03.01.2022.

2. Facts of the case:

2.1. According to the claimant, on 17.11.2017, when he was about to cross the Madurai–Rameswaram National Highway, near Sundaranenthal on his TVS STAR CITY bike bearing Registration No.TN-65-H-2716, a Maruti car bearing Registration No. TN-47-AY- 1924, driven by its driver in a rash and negligent manner, rammed into his vehicle. In the impact, he sustained a head injury, fractures in his right leg and right foot, and injuries to his spinal region. He was admitted to the Government Hospital and underwent treatment on various dates. Claiming that the injuries had seriously affected his ability to pursue his avocation, he filed the claim petition seeking compensation of Rs.15,00,000/- with interest.

2.2. The respondent Insurance Company filed its counter denying the manner of the accident and disputing its liability as well as the quantum of compensation claimed.

2.3. Before the Tribunal, the claimant examined P.Ws.1 to 3 and marked Exs.P1 to P21, including the medical records relating to the injuries sustained and the treatment undergone.

3. Findings of the Tribunal:

3.1. Upon considering the oral and documentary evidence, the Tribunal fixed negligence on the part of the driver of the offending vehicle and awarded compensation of Rs.4,60,900/- by its judgment and award dated 03.01.2022. Sl.No. Heads Amount (in Rs.)

30% Disability 1,50,000/-

Pain and Sufferings 60,000/-

Attendent Charges 34,000/-

Loss of Income 20,000/-

Nutritions 18,500/-

Medical bill and rental transportation expenses 1,78,377/- Total awarded amount Rs.4,60,877/- Rounded off Rs.4,60,900/-

3.2. Being dissatisfied with the quantum of compensation awarded, the claimant has preferred the present appeal seeking enhancement.

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

4.1. The learned counsel for the claimant submitted that the

Tribunal had not properly assessed the compensation payable under the various heads. It was contended that, though the accident occurred in the year 2017, the Tribunal had awarded compensation towards permanent disability at the rate of only Rs.5,000/- per percentage, whereas a higher rate of Rs.7,000/- per percentage ought to have been adopted. The learned counsel further submitted that the compensation awarded towards pain and suffering and attendant charges was inadequate.

4.2. It was also contended that the claimant was engaged in agricultural work and, owing to the serious injuries sustained in the accident, he was unable to pursue his avocation for nearly 20 months. However, the Tribunal had awarded only a nominal sum towards loss of income without properly assessing his monthly earnings. The learned counsel, therefore, sought enhancement of compensation under the relevant heads.

5. Submission of the learned counsel appearing for the 2nd respondent/Insurance Company:

5.1. Per contra, the learned counsel appearing for the respondent Insurance Company vehemently opposed the appeal, contending that the Tribunal had assessed the compensation after considering the entire evidence on record. It was further submitted that the claimant had not produced any additional material before this Court to establish his entitlement to enhancement. Hence, dismissal of the appeal was sought.

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

7. The point for determination is,

(i) Whether the claimant is entitled to enhancement of compensation.

8. Discussion and Findings:

8.1. A perusal of the medical records marked as Exs.P7 to P21 reveals that the claimant sustained a head injury, fractures in his right leg and right foot, and injuries affecting his spinal region. The records further establish that he was admitted to the Government Hospital on several dates and underwent treatment for the injuries sustained in the accident. The nature of the injuries and the repeated periods of hospitalisation demonstrate that the claimant underwent considerable physical hardship during the course of treatment.

9. Pain and suffering:

9.1. The Tribunal awarded only Rs.60,000/- towards pain and suffering. Considering the head injury, fractures in the right leg and right foot, the spinal injuries and the repeated hospitalisation, the amount awarded under this head seems to be inadequate. Accordingly, this Court enhances the compensation towards pain and suffering to Rs.1,50,000/-.

10. Attendant charges:

10.1. The Tribunal awarded Rs.34,000/- towards attendant charges, taking into consideration the period of hospitalisation. Having regard to the claimant's injuries, the repeated periods of treatment and the assistance reasonably required during the period of his treatment, this Court considers it appropriate to enhance the compensation under this head to Rs.50,000/-.

11. Loss of income during the treatment period:

11.1. The claimant was engaged in agricultural work at the time of the accident. Though the precise monthly income has not been established by documentary evidence, the absence of such evidence does not justify adopting an unreasonably low income. The nature of his avocation, the year of the accident and the period of treatment must be taken into consideration.

11.2. The evidence and medical records indicate that the claimant was unable to pursue his avocation during the period of treatment. Having regard to the nature of the injuries and the prolonged course of treatment, this Court considers it reasonable to fix his monthly income at Rs.8,000/- and assess the loss of income for 20 months. Accordingly, the compensation towards loss of income is calculated as follows: Rs.8,000 × 20 months = Rs.1,60,000/-.

12. Loss of amenities:

12.1. The injuries sustained by the claimant, particularly the fractures and spinal injuries, would have affected his ability to carry out his ordinary day-to-day activities and regular life style during his recuperation. This Court, therefore, awards a sum of Rs.25,000/- towards loss of amenities.

13. Permanent disability:

13.1. The claimant has also sought enhancement of compensation towards permanent disability of 30%, contending that the rate adopted by the Tribunal was inadequate. The appropriate rate must be determined with reference to the year of the accident i.e., on 01.08.2017 the disability assessment and the applicable principles governing compensation on the date of accident, disability compensation percentage of disability is Rs.7,000/-. Therefore, the Tribunal's award under this head shall be modified only to the extent supported by the disability assessment and the applicable rate. Accordingly, calculated as follows: 30 X Rs.7,000/- = Rs.2,10,000/-

13.2. In view of the foregoing discussion, this Court finds that the claimant is entitled to enhancement under the heads of pain and suffering, attendant charges, loss of income during the treatment period and loss of amenities. The remaining components of the award are confirmed, subject to the modification, if any, warranted under the head of permanent disability.

14. Conclusion:

14.1. For the foregoing reasons, the compensation awarded by the Tribunal to the claimant is re-determined as follows:- Sl. No. Heads Amount awarded by the Tribunal (in Rs.) Re-quantified amount by this Court (in Rs.) Status

30% Disability 1,50,000/- 2,10,000/- Enhanced

Pain

and Sufferings 60,000/- 1,50,000/- Enhanced

Attendent Charges 34,000/- 50,000/- Enhanced

Loss of Income 20,000/- 1,60,000/- Enhanced

Nutritions 18,500/- 18,500/- Confirmed

Medical bill and rental transportation expenses 1,78,377/- 1,78,377/- Confirmed

Loss of amenities ---------- 25,000/- Awarded Total awarded amount Rs.4,60,877/- Rs.7,91,877/- Enhanced Rounded off Rs.4,60,900/- Rs.7,91,900/- Enhanced

15. Result:

15.1. Accordingly, the C.M.A.(MD).No.736 of 2024 is partly allowed.

15.2. The award dated 03.01.2022 passed in MCOP No.37 of 2018 on the file of the Motor Accident Claims Tribunal (Sub Court) Paramakudi, is hereby enhanced from Rs.4,60,900/- to Rs.7,91,900/-, together with interest at the rate of 7.5% per annum from the date of the claim petition.

15.3. The respondent Insurance Company is directed to deposit the enhanced compensation, together with interest at the rate of 7.5% per annum from the date of filing of the claim petition, within eight weeks from the date of receipt of a copy of this judgment.

15.4. Upon such deposit, the claimant is permitted to withdraw the amount in accordance with law. 02.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AKM

To

1. The Motor Accident Claims Tribunal (Sub Court)

Paramakudi.

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

K.K.RAMAKRISHNAN, J. AKM CMA(MD) No. 736 of 2024 02.11.2026