High Court · 2025

C.M.A.No.2847 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06.08.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.2847 of 2024The New India Assurance Co. Ltd.,Motor Third Party Claims Hub,No.252/42, First Floor, NM Arcade,Opp. ARRS Multiplex,Meyyanur Bye Pass Road,Salem – 4. ...AppellantVs.1.Palanivel2.Vijayalakshmi ...Respondent(s)Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 07.12.2023 passed in M.C.O.P.No.455 of 2023 on the file of the Special Sub-Judge No.II, MACT, Salem.For Appellant : Mr.T.Jayaraman1/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024For Respondent(s) : Mr.M.Sivakumar for R1 for Mr.C.Prabhakaran R2 – No appearance J U D G M E N TThis appeal is filed by the appellant challenging the order dated 07.12.2023 passed in M.C.O.P.No.455 of 2023 on the file of Motor Accidents Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioner is the claimant, first respondent is the owner of the vehicle and second respondent is the Insurance Company before the Tribunal. 4.The brief facts of the case are as follows:2/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024 According to the petitioner, on 14.01.2023, the petitioner riding Honda Activa bearing Registration No.TN 54 P 4212 on East to West direction, from Salem to Chennai bye pass road near Royal Park School junction, at that time, Eicher vehicle bearing Registration No.TN 29 CZ 0644 driven by its driver in a rash and negligent manner and hit against the front side of the petitioner's two wheeler and caused the accident. Due to the accident, the petitioner sustained multiple injuries all over the body. Immediately, after the accident, he was taken to Thiru Hospital, Salem and thereafter, he was admitted in Ganga Hospital, Coimbatore as inpatient. The petitioner filed a claim petition before the Tribunal in M.C.O.P.No.455 of 2023, the Tribunal awarded a sum of Rs.19,39,463/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellant submitted that the Tribunal erroneously applied the multiplication method instead of percentage method and the compensation awarded by the Tribunal is very 3/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024excessive and hence, he filed the present appeal for quantum of compensation.6.Learned counsel appearing for the first respondent submitted that though the first respondent receiving a gross salary of Rs.42,436/- (Ex.P11) and after deductions receiving a net salary of Rs.19,378/-, the Tribunal fixed the notional monthly income of the first respondent at Rs.10,000/- is not sustainable. The first respondent is affected by Global brachial plexus palsy, pain over fracture site and masticatory difficulty, the said disability will ultimately affect his working capacity and he cannot continue his avocation as before. It is the contention of the first respondent that though the Medical Board assessed the permanent disability of the first respondent at 90%, the Tribunal fixed that the functional disability of the first respondent at 70% is also not sustainable. Hence, he prayed for appropriate orders.4/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 20247.Heard learned counsel appearing for the appellant, learned counsel for the first respondent and perused the materials available on record. 8.Before the Tribunal, the petitioner was examined as PW1 and on the side of the petitioner, 16 documents were marked as Exs.P1 to P16. On the side of respondents, no witness was examined and 1 document was marked as Ex.R1. The disability certificate was marked as Ex.C1. 9.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.11,76,000/- for loss of earning power due to functional disability, Rs.6,02,463/- for medical expenses, Rs.10,000/- for nutrition & attender charges, Rs.1,000/- for damages to clothing and articles, Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and arrived at a total compensation of Rs.19,39,463/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.5/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 202410.On perusal of the records, it is seen that the petitioner was aged 41 years, was working as wireman in T.N.E.B at the time of the accident.11.The amount awarded under the heads pain & suffering and loss of amenities, in the opinion of this Court are just and reasonable and the same is confirmed. The amount awarded under the heads loss of earning power and medical expenses, in the opinion of this Court, is very excessive and this Court is inclined to reduce the amount awarded under the said heads. Accordingly, the amount awarded under the loss of earning power due to functional disability is reduced to Rs.8,10,000/- from Rs.11,76,000/-. It is submitted that Rs.1,67,688/- already claimed by the petitioner and accordingly, the amount awarded under the head medical expenses is reduced to Rs.4,34,775/- from Rs.6,02,463/-. Though the Tribunal has not awarded any amount for loss of income, this Court is inclined to award Rs.1,20,000/- (Rs.30,000 x 4) as loss of income. The amount awarded under the heads nutrition & attender charges and damages to clothing and articles, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded 6/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024under the said heads. Accordingly, the amount awarded under the heads nutrition and attender charges is enhanced to Rs.15,000/- and Rs.20,000/- respectively from Rs.10,000/-. Accordingly, the amount awarded under the head damages to clothing and articles is enhanced to Rs.5,000/- from Rs.1,000/-.12.Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to modify the award and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Loss of earning power due to functional disability(Rs.9,000/- x 90 = Rs.8,10,000/-)11,76,000/-8,10,000/-2Medical expenses(deducted Rs.1,67,688/-)6,02,463/-4,34,775/-3Nutrition10,000/-15,000/-7/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) Attender charges(Rs.400 per day x 50 days)20,000/-4Damages to clothing and articles1,000/-5,000/-5Loss of Income (Rs.30,000 x 4 months)Nil1,20,000/-6Pain and suffering 1,00,000/-1,00,000/-7Loss of amenities50,000/-50,000/-Total19,39,463/-15,54,775/-13.The first respondent/claimant is entitled to total compensation of Rs.15,54,775/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.14.The judgment and decree passed by the Motor Accident Claims Tribunal/Special District Judge, Salem in M.C.O.P.No.455 of 2023 dated 07.12.2023 is modified to the above extent. 8/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 202415.The judgment and decree passed by the Motor Accident Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem in M.C.O.P.No.455 of 2023 dated 07.12.2023 is modified to the above extent. 16.The appellant Insurance Company is directed to deposit the modified award amount by this Court, if not deposited earlier 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 first respondent/claimant is permitted to withdraw the amount along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 17.The first respondent/claimant shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The first respondent/claimant is directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem shall disburse 9/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024the modified amount upon production of certified copy showing proof of payment of Court fee by the first respondent/claimant. 18.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 06.08.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam10/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024To1.The Motor Accidents Claims Tribunal, Special Sub-Judge No.II for MCOP Cases, Salem.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.2847 of 2024T.V.THAMILSELVI, J.pamC.M.A.No.2847 of 202406.08.202512/12

C.M.A.No.2847 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06.08.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.2847 of 2024The New India Assurance Co. Ltd.,Motor Third Party Claims Hub,No.252/42, First Floor, NM Arcade,Opp. ARRS Multiplex,Meyyanur Bye Pass Road,Salem – 4. ...AppellantVs.1.Palanivel2.Vijayalakshmi ...Respondent(s)Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 07.12.2023 passed in M.C.O.P.No.455 of 2023 on the file of the Special Sub-Judge No.II, MACT, Salem.For Appellant : Mr.T.Jayaraman1/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024For Respondent(s) : Mr.M.Sivakumar for R1 for Mr.C.Prabhakaran R2 – No appearance J U D G M E N TThis appeal is filed by the appellant challenging the order dated 07.12.2023 passed in M.C.O.P.No.455 of 2023 on the file of Motor Accidents Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioner is the claimant, first respondent is the owner of the vehicle and second respondent is the Insurance Company before the Tribunal. 4.The brief facts of the case are as follows:2/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024 According to the petitioner, on 14.01.2023, the petitioner riding Honda Activa bearing Registration No.TN 54 P 4212 on East to West direction, from Salem to Chennai bye pass road near Royal Park School junction, at that time, Eicher vehicle bearing Registration No.TN 29 CZ 0644 driven by its driver in a rash and negligent manner and hit against the front side of the petitioner's two wheeler and caused the accident. Due to the accident, the petitioner sustained multiple injuries all over the body. Immediately, after the accident, he was taken to Thiru Hospital, Salem and thereafter, he was admitted in Ganga Hospital, Coimbatore as inpatient. The petitioner filed a claim petition before the Tribunal in M.C.O.P.No.455 of 2023, the Tribunal awarded a sum of Rs.19,39,463/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellant submitted that the Tribunal erroneously applied the multiplication method instead of percentage method and the compensation awarded by the Tribunal is very 3/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024excessive and hence, he filed the present appeal for quantum of compensation.6.Learned counsel appearing for the first respondent submitted that though the first respondent receiving a gross salary of Rs.42,436/- (Ex.P11) and after deductions receiving a net salary of Rs.19,378/-, the Tribunal fixed the notional monthly income of the first respondent at Rs.10,000/- is not sustainable. The first respondent is affected by Global brachial plexus palsy, pain over fracture site and masticatory difficulty, the said disability will ultimately affect his working capacity and he cannot continue his avocation as before. It is the contention of the first respondent that though the Medical Board assessed the permanent disability of the first respondent at 90%, the Tribunal fixed that the functional disability of the first respondent at 70% is also not sustainable. Hence, he prayed for appropriate orders.4/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 20247.Heard learned counsel appearing for the appellant, learned counsel for the first respondent and perused the materials available on record. 8.Before the Tribunal, the petitioner was examined as PW1 and on the side of the petitioner, 16 documents were marked as Exs.P1 to P16. On the side of respondents, no witness was examined and 1 document was marked as Ex.R1. The disability certificate was marked as Ex.C1. 9.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.11,76,000/- for loss of earning power due to functional disability, Rs.6,02,463/- for medical expenses, Rs.10,000/- for nutrition & attender charges, Rs.1,000/- for damages to clothing and articles, Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and arrived at a total compensation of Rs.19,39,463/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.5/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 202410.On perusal of the records, it is seen that the petitioner was aged 41 years, was working as wireman in T.N.E.B at the time of the accident.11.The amount awarded under the heads pain & suffering and loss of amenities, in the opinion of this Court are just and reasonable and the same is confirmed. The amount awarded under the heads loss of earning power and medical expenses, in the opinion of this Court, is very excessive and this Court is inclined to reduce the amount awarded under the said heads. Accordingly, the amount awarded under the loss of earning power due to functional disability is reduced to Rs.8,10,000/- from Rs.11,76,000/-. It is submitted that Rs.1,67,688/- already claimed by the petitioner and accordingly, the amount awarded under the head medical expenses is reduced to Rs.4,34,775/- from Rs.6,02,463/-. Though the Tribunal has not awarded any amount for loss of income, this Court is inclined to award Rs.1,20,000/- (Rs.30,000 x 4) as loss of income. The amount awarded under the heads nutrition & attender charges and damages to clothing and articles, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded 6/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024under the said heads. Accordingly, the amount awarded under the heads nutrition and attender charges is enhanced to Rs.15,000/- and Rs.20,000/- respectively from Rs.10,000/-. Accordingly, the amount awarded under the head damages to clothing and articles is enhanced to Rs.5,000/- from Rs.1,000/-.12.Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to modify the award and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Loss of earning power due to functional disability(Rs.9,000/- x 90 = Rs.8,10,000/-)11,76,000/-8,10,000/-2Medical expenses(deducted Rs.1,67,688/-)6,02,463/-4,34,775/-3Nutrition10,000/-15,000/-7/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) Attender charges(Rs.400 per day x 50 days)20,000/-4Damages to clothing and articles1,000/-5,000/-5Loss of Income (Rs.30,000 x 4 months)Nil1,20,000/-6Pain and suffering 1,00,000/-1,00,000/-7Loss of amenities50,000/-50,000/-Total19,39,463/-15,54,775/-13.The first respondent/claimant is entitled to total compensation of Rs.15,54,775/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.14.The judgment and decree passed by the Motor Accident Claims Tribunal/Special District Judge, Salem in M.C.O.P.No.455 of 2023 dated 07.12.2023 is modified to the above extent. 8/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 202415.The judgment and decree passed by the Motor Accident Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem in M.C.O.P.No.455 of 2023 dated 07.12.2023 is modified to the above extent. 16.The appellant Insurance Company is directed to deposit the modified award amount by this Court, if not deposited earlier 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 first respondent/claimant is permitted to withdraw the amount along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 17.The first respondent/claimant shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The first respondent/claimant is directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/Special Sub-Judge No.II for MCOP Cases, Salem shall disburse 9/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024the modified amount upon production of certified copy showing proof of payment of Court fee by the first respondent/claimant. 18.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 06.08.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam10/12 https://www.mhc.tn.gov.in/judis C.M.A.No.2847 of 2024To1.The Motor Accidents Claims Tribunal, Special Sub-Judge No.II for MCOP Cases, Salem.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.2847 of 2024T.V.THAMILSELVI, J.pamC.M.A.No.2847 of 202406.08.202512/12