High Court · 2025

C.M.A.No.2178 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 30.07.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.2178 of 2024P.Rajakumaran ...Appellant Vs.1.M/s.Bharath Enterprises, No.21, Bye Pass Road, Ranipet, Walajapet Taluk, Ranipet District.2.Liberty Videcon General Insurance Co. Ltd., No.C6, D6, E6, F6, Anmol Palani, No.8, G.N.Chetty Street, Chennai – 600 017. ...Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award Judgment and Decree dated 29.11.2022 passed in M.C.O.P.No.87/2018 on the file of the Learned 1/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024Motor Accidents Claims Tribunal (In the Court of the II Additional District Judge, Vellore @ Ranipet, Ranipet District.For Appellant : Mr.R.KannadasanFor Respondents : R1 – NDW R2 – No appearance J U D G M E N TThis appeal is filed by the appellant challenging the judgment and decree dated 29.11.2022 passed in M.C.O.P.No.87 of 2018 on the file of Motor Accidents Claims Tribunal/II Additional District Judge, Vellore @ Ranipet.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioner is the claimant, the first respondent is the owner of the vehicle and the second respondent is the Insurance Company before the Tribunal. 2/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 20244.The brief facts of the case are as follows: On 15.02.2018 at 11.00 a.m. while the petitioner proceeding in his two wheelear bearing Registration No.TN-73-F-4254 from Cheyyar to Arcot Road, near Pancha house kukundi, a car bearing Registration No.TN-73-AA-5566 driven by its driver in a rash and negligent manner, hit against the petitioner's two wheeler and due to the accident, the petitioner sustained multiple and grievous injuries on leg arms fracture, multiple facial bone fracture and also multiple injuries all over the body. Immediately after the accident, he was taken to KH Appolo Hospital, Melvishram where he was given first aid treatment and thereafter, he was taken to MIOT Hospital, Chennai and admitted as inpatient and took treatment for about a month and after discharge also, the petitioner has been continuously taking physiotherapy treatment at home. The petitioner filed a claim petition before the Tribunal in M.C.O.P.No.87 of 2018, the Tribunal has awarded a sum of Rs.15,57,969/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellant submitted that the the accident occurred only due to the rash and negligent driving by the 3/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024driver of the car bearing Registration No.TN-73-AA-5566 and due to the accident, the appellant sustained multiple and grievous injuries on leg arms fracture, multiple facial bone fracture and also multiple injuries all over the body. He further submitted that the appellant had undergone 7 surgeries and compensation awarded by the Tribunal is very meagre and hence, he prayed for enhancement. 6.Heard learned counsel appearing for the appellant and perused the materials available on record. Though notice has been served and name of the respondents having been printed in the cause list, there is no representation either in person or through counsel. 7.Before the Tribunal, the petitioner was examined as PW1 and on the side of the petitioner, 10 documents were marked as Exs.P1 to P10. On the side of the second respondent, no oral and documentary evidence were adduced.4/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024 8.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.35,000/- for transportation, extra nourishment and miscellaneous expenses, Rs.16,000/- for attender charges, Rs.9,38,969/- for medical expenses, Rs.2,50,000/- for disability, Rs.3,000/- for damage to the articles, Rs.75,000/- for pain and suffering, Rs.10,000/- for loss of amenities, Rs.2,00,000/- for future medical expenses and Rs.30,000/- for temporary loss of income and arrived at a total compensation of Rs.15,57,969/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.9.On perusal of the records, it is seen that the petitioner was aged 23 years, was working as a mechanic at the time of the accident.10.The amount awarded under the heads tranportation, extra nourishment & miscellanous expenses, medical expenses and future medical expenses, in the opinion of this Court is just and reasonable and the same is confirmed. The amount awarded under the heads attender charges, disability, damages to the articles, pain and suffering and loss of 5/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024amenities, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded under the said heads. Accordingly, the amount awarded under the head attender charges is enhanced to Rs.25,000/- from Rs.16,000/-. Accordingly, the amount awarded under the head disability is enhanced to Rs.3,78,000/- from Rs.2,50,000/-. Accordingly, the amount awarded under the head damages to the articles is enhanced to Rs.10,000/- from Rs.3,000/-. Accordingly, the amount awarded under the head pain and suffering is enhanced to Rs.1,00,000/- from Rs.75,000/-. Accordingly, the amount awarded under the head loss of amenities is enhanced to Rs.50,000/- from Rs.10,000/-. Though the Tribunal has awarded a sum of Rs.30,000/- for temporary loss of income, this Court is not inclined to award any compensation as it is not necessary.11.On perusal of records, it is seen that the petitioner sustained the following injuries:(i)Traumatic Brain Injury – Haemorrhagic contusions in bilateral basifrontal region.6/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024(ii)Left frontal extradural haemorrhage(iii)Fracture of frontal bone with fracture line extending to bilateral frontal sinus and orbits with pneumocephalus and orbitral emphysema.(iv)Multiple facial bone fractures.(v)Facial injury-left orbit/bilateral maxilla fracture, comminuted fracture shaft of right femur(v)Compound grade IIIB both bone fracture right leg,(vi)Extensive crush degloving injury right leg and foot with exposed bone and tendons, (vii)Comminuted fracture shaft of right humerus(viii)Monteggia variant fracture dislocation right forearm(ix)Metacarpal fracture 4th and 5th rays of right hand(x)Posterior dislocation of left knee.12.It is contended by the learned counsel for the appellant that though the Medical Board assessed the disability of the appellant at 50%, the Tribunal awarded only Rs.5,000/- per percentage of disability without considering the gravity of the injuries sustained by the appellant.7/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 202413.Considering the age, year of the accident and nature of the injuries sustained by the appellant and the submission made by the learned counsel for the appellant, this Court is inclined to modify the award by applying multiplier method and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: (Rs.500 per day x 30 days = Rs.15,000 + 40% future prospects = Rs.6,000 = Rs.15,000+Rs.6,000 = Rs.21,000/- x 18 multiplier = Rs.3,78,000/-)S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Transportation, Extra nourishment and miscellaneous expenses35,000/-35,000/-2Attender charges16,000/-25,000/-3Medical expenses9,38,969/-9,38,969/-4Disability2,50,000/-3,78,000/-5Damages to the articles3,000/-10,000/-6Pain and suffering75,000/-1,00,000/-7Loss of amenities10,000/-50,000/-8Future medical expenses2,00,000/-2,00,000/-9Temporary loss of 30,000/--8/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) incomeTotal15,57,969/-17,36,969/-14.The appellant/claimant is entitled to total compensation of Rs.17,36,969/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.15.The judgment and decree passed by the Motor Accident Claims Tribunal/II Additional District Judge, Vellore @ Ranipet, Ranipet District in M.C.O.P.No.87 of 2018 dated 29.11.2022 is modified to the above extent.16.The second respondent Insurance Company is directed to deposit the modified/enhanced award amount before the Tribunal within a period of 8 weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellant is permitted to withdraw the amount along with accrued interest and proportionate costs, after 9/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 17.The appellant/claimant shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The appellant/claimant is directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/II Additional District Judge, Vellore @ Ranipet, Ranipet District shall disburse the enhanced amount upon production of certified copy showing proof of payment of Court fee by the appellant/claimant. 18.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 30.07.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam10/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024To1.The Motor Accidents Claims Tribunal/ II Additional District Judge, Vellore @ Ranipet, Ranipet District.2.The Section Officer, VR Section, High Court of Madras, Chennai – 600 104.11/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024T.V.THAMILSELVI, J.pamC.M.A.No.2178 of 202430.07.202512/12

C.M.A.No.2178 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 30.07.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.2178 of 2024P.Rajakumaran ...Appellant Vs.1.M/s.Bharath Enterprises, No.21, Bye Pass Road, Ranipet, Walajapet Taluk, Ranipet District.2.Liberty Videcon General Insurance Co. Ltd., No.C6, D6, E6, F6, Anmol Palani, No.8, G.N.Chetty Street, Chennai – 600 017. ...Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award Judgment and Decree dated 29.11.2022 passed in M.C.O.P.No.87/2018 on the file of the Learned 1/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024Motor Accidents Claims Tribunal (In the Court of the II Additional District Judge, Vellore @ Ranipet, Ranipet District.For Appellant : Mr.R.KannadasanFor Respondents : R1 – NDW R2 – No appearance J U D G M E N TThis appeal is filed by the appellant challenging the judgment and decree dated 29.11.2022 passed in M.C.O.P.No.87 of 2018 on the file of Motor Accidents Claims Tribunal/II Additional District Judge, Vellore @ Ranipet.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioner is the claimant, the first respondent is the owner of the vehicle and the second respondent is the Insurance Company before the Tribunal. 2/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 20244.The brief facts of the case are as follows: On 15.02.2018 at 11.00 a.m. while the petitioner proceeding in his two wheelear bearing Registration No.TN-73-F-4254 from Cheyyar to Arcot Road, near Pancha house kukundi, a car bearing Registration No.TN-73-AA-5566 driven by its driver in a rash and negligent manner, hit against the petitioner's two wheeler and due to the accident, the petitioner sustained multiple and grievous injuries on leg arms fracture, multiple facial bone fracture and also multiple injuries all over the body. Immediately after the accident, he was taken to KH Appolo Hospital, Melvishram where he was given first aid treatment and thereafter, he was taken to MIOT Hospital, Chennai and admitted as inpatient and took treatment for about a month and after discharge also, the petitioner has been continuously taking physiotherapy treatment at home. The petitioner filed a claim petition before the Tribunal in M.C.O.P.No.87 of 2018, the Tribunal has awarded a sum of Rs.15,57,969/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellant submitted that the the accident occurred only due to the rash and negligent driving by the 3/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024driver of the car bearing Registration No.TN-73-AA-5566 and due to the accident, the appellant sustained multiple and grievous injuries on leg arms fracture, multiple facial bone fracture and also multiple injuries all over the body. He further submitted that the appellant had undergone 7 surgeries and compensation awarded by the Tribunal is very meagre and hence, he prayed for enhancement. 6.Heard learned counsel appearing for the appellant and perused the materials available on record. Though notice has been served and name of the respondents having been printed in the cause list, there is no representation either in person or through counsel. 7.Before the Tribunal, the petitioner was examined as PW1 and on the side of the petitioner, 10 documents were marked as Exs.P1 to P10. On the side of the second respondent, no oral and documentary evidence were adduced.4/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024 8.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.35,000/- for transportation, extra nourishment and miscellaneous expenses, Rs.16,000/- for attender charges, Rs.9,38,969/- for medical expenses, Rs.2,50,000/- for disability, Rs.3,000/- for damage to the articles, Rs.75,000/- for pain and suffering, Rs.10,000/- for loss of amenities, Rs.2,00,000/- for future medical expenses and Rs.30,000/- for temporary loss of income and arrived at a total compensation of Rs.15,57,969/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.9.On perusal of the records, it is seen that the petitioner was aged 23 years, was working as a mechanic at the time of the accident.10.The amount awarded under the heads tranportation, extra nourishment & miscellanous expenses, medical expenses and future medical expenses, in the opinion of this Court is just and reasonable and the same is confirmed. The amount awarded under the heads attender charges, disability, damages to the articles, pain and suffering and loss of 5/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024amenities, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded under the said heads. Accordingly, the amount awarded under the head attender charges is enhanced to Rs.25,000/- from Rs.16,000/-. Accordingly, the amount awarded under the head disability is enhanced to Rs.3,78,000/- from Rs.2,50,000/-. Accordingly, the amount awarded under the head damages to the articles is enhanced to Rs.10,000/- from Rs.3,000/-. Accordingly, the amount awarded under the head pain and suffering is enhanced to Rs.1,00,000/- from Rs.75,000/-. Accordingly, the amount awarded under the head loss of amenities is enhanced to Rs.50,000/- from Rs.10,000/-. Though the Tribunal has awarded a sum of Rs.30,000/- for temporary loss of income, this Court is not inclined to award any compensation as it is not necessary.11.On perusal of records, it is seen that the petitioner sustained the following injuries:(i)Traumatic Brain Injury – Haemorrhagic contusions in bilateral basifrontal region.6/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024(ii)Left frontal extradural haemorrhage(iii)Fracture of frontal bone with fracture line extending to bilateral frontal sinus and orbits with pneumocephalus and orbitral emphysema.(iv)Multiple facial bone fractures.(v)Facial injury-left orbit/bilateral maxilla fracture, comminuted fracture shaft of right femur(v)Compound grade IIIB both bone fracture right leg,(vi)Extensive crush degloving injury right leg and foot with exposed bone and tendons, (vii)Comminuted fracture shaft of right humerus(viii)Monteggia variant fracture dislocation right forearm(ix)Metacarpal fracture 4th and 5th rays of right hand(x)Posterior dislocation of left knee.12.It is contended by the learned counsel for the appellant that though the Medical Board assessed the disability of the appellant at 50%, the Tribunal awarded only Rs.5,000/- per percentage of disability without considering the gravity of the injuries sustained by the appellant.7/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 202413.Considering the age, year of the accident and nature of the injuries sustained by the appellant and the submission made by the learned counsel for the appellant, this Court is inclined to modify the award by applying multiplier method and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: (Rs.500 per day x 30 days = Rs.15,000 + 40% future prospects = Rs.6,000 = Rs.15,000+Rs.6,000 = Rs.21,000/- x 18 multiplier = Rs.3,78,000/-)S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Transportation, Extra nourishment and miscellaneous expenses35,000/-35,000/-2Attender charges16,000/-25,000/-3Medical expenses9,38,969/-9,38,969/-4Disability2,50,000/-3,78,000/-5Damages to the articles3,000/-10,000/-6Pain and suffering75,000/-1,00,000/-7Loss of amenities10,000/-50,000/-8Future medical expenses2,00,000/-2,00,000/-9Temporary loss of 30,000/--8/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) incomeTotal15,57,969/-17,36,969/-14.The appellant/claimant is entitled to total compensation of Rs.17,36,969/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.15.The judgment and decree passed by the Motor Accident Claims Tribunal/II Additional District Judge, Vellore @ Ranipet, Ranipet District in M.C.O.P.No.87 of 2018 dated 29.11.2022 is modified to the above extent.16.The second respondent Insurance Company is directed to deposit the modified/enhanced award amount before the Tribunal within a period of 8 weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellant is permitted to withdraw the amount along with accrued interest and proportionate costs, after 9/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 17.The appellant/claimant shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The appellant/claimant is directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/II Additional District Judge, Vellore @ Ranipet, Ranipet District shall disburse the enhanced amount upon production of certified copy showing proof of payment of Court fee by the appellant/claimant. 18.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 30.07.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam10/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024To1.The Motor Accidents Claims Tribunal/ II Additional District Judge, Vellore @ Ranipet, Ranipet District.2.The Section Officer, VR Section, High Court of Madras, Chennai – 600 104.11/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2178 of 2024T.V.THAMILSELVI, J.pamC.M.A.No.2178 of 202430.07.202512/12