IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .11.2025

CORAM:

THE HON'BLE MRS. JUSTICE R. KALAIMATHI

C.M.A.No.3150 of 2025

Rajendran .... Appellant

Vs.

1. A. Farjan

2. Tirunavukkarasu (Owner as per RC) 3. Shriram General Insurance Co.Ltd.,

represented by its Manager,

1st Floor, Front Portion,

5-F, Sachin Plaza, Reddiyar Block 1,

Salem … Respondents

Prayer : Civil Miscellaneous Appeal is filed under sec.173 of Motor Vehicles Act, 1988 against the judgment dated 03.08.2023 made in M.C.O.P.No.427 of

2021 on the file of Special Sub Court to deal with MCOP Cases, Krishnagiri.

For Appellant : Mr.S.P. Yuvaraj

For Respondents : Mr.J. Michael Visuvasam

for R3

JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the claimant

against the Award dated 03.08.2023 passed in MCOP.No.427 of 2021 on the file of Special Sub Court (to deal with MCOP Cases), Krishnagiri for

enhancement of compensation.

2. The parties are indicated herein as per their litigative status and ranking before the Tribunal.

3. A Claim petition was filed by the claimant under section 166 of the Motor Vehciles Act, claiming compensation of Rs.30 lakhs for the injuries sustained by the him in a road traffic accident that took place on 13.05.2020.

4. The Tribunal upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.3,50,000/- with interest at the rate of 7.5% per annum from the date of filing of application.

5. The amounts awarded by the Tribunal under different heads are given hereunder:

s.No. Heads Compensation in Rs.

1 For disability suffered Rs. 2,00,000/- 2 Towards pain and sufferings Rs. 35,000/- 3 Fot Transport charges Rs. 7000/- 4 For extra nourishment Rs. 9000/- 5 For damage to clothers Rs. 1600/-

6. Learned counsel for the appellant would strenously argue that the claimant suffered fracture of left medial Tibia Condyle and 2^nd Metacorpal Head right and fracture of left scapula. The disability was assessed at 40% by the Medical Board and the amount granted by the Tribunal for disability is less. It is further argued that for other heads namely transport charges, attender charges and for loss of income during treatment period, the amounts awarded by the tribunal are grossly inadequate and hence, sought for enhancement of compensation.

7. Per contra, the learned counsel for the 3rd respondent/Insurance Company would vehemently contend that in consideration of the age, date of accident and the injuries sustained by the claimant, the compensation granted by the Tribunal is reasonable and it does not warrant any interference by this Court.

8. It has come on record through the evidence of PW1/injured claimant that he was aged about 36 years at the relevant point of time and he was running a Medical Shop and also doing agricultural work and thereby earning Rs.30,000/- per month. To substantiate the said details, no document was marked by the claimant. In the absence of any concrete evidence to show that the claimant was running a Medical Shop, his income is fixed as Rs.15,000/- per month. 9. Ex.P.5 is the Discharge Summary issued by the Maruthi Nursing Home, Krishnagiri, wherein, he was admitted on 16.05.2020 and got discharged on 19.05.2020. He had undergone surgery for the fracture of left medial Tibia Condyle, wherein, Closed Reduction and Interinal Fixation of screws were done. In consideration of the age, year of the accident and the nature of the fractures/injuries suffered by the claimant, the claimant is granted Rs.60,000/-

for the loss of income during the treatment period.

10. Disability of the claimant was fixed by the District Medical Board, Krishnagiri as 40% partial permanent disability. In consideration of the injuries suffered and as per Ex.P.5 and Ex.C.1, disability for the whole body was fixed at 38%. This Court awards Rs.9000/- per percentage of disability suffered by the claimant and for the disability, a sum of .38 X Rs.9000/- = Rs.3,42,000/- is granted. For transportation and for atten