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C.M.A.No.141 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM :

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI

C.M.A.No.141 of 2026

Udhaya Kumar ... Appellants

Versus

1. Rajesh Murugesan

2. The Oriental Insurance Co. Ltd.,

No. 115, Prakasam Salai,

Broadway, Chennai 600 104. ... Respondents

PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, against the Order made in M.C.O.P.No. 1739 of 2022

dated 17.10.2025, on the file of the Motor Accident Claims Tribunal, IV Court

of Small Causes, Chennai.

For Appellants : Mr. Ramya V. Rao

For R2 : Mr. J. Chandran

R1 – Notice Dispensed With

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C.M.A.No.141 of 2026

JUDGMENT

This Civil Miscellaneous Appeal is directed as against the award passed

in M.C.O.P.No. 1739 of 2022 dated 17.10.2025, on the file of the Motor

Accident Claims Tribunal, IV Court of Small Causes, Chennai.

2. Briefly stated, on 28.03.2022, at about 18.45 hours, while the petitioner

was standing to cross the road, in front of panchabootham oil store,

Kottivakkam, opposite to Indian Oil Bunk, EC Salai, at that time, a car bearing

Reg. No. KL 07 BM 3214, was trying to take U-turn, in a rash and negligent

manner, hit the petitioner, and caused the accident. As a result, the petitioner

sustained grievous injuries. FIR was registered, against the driver of the

offending vehicle. The petitioner was aged about 41 years at the time of the

accident. He was an auto driver, earning upto Rs.20,000 a month. Due to the

injuries suffered, he is unable to carry out his activities as before. The 1^st

Respondent being the owner, and the 2^nd Respondent, being the insurer of the

car.

3. As compensation a sum of Rs.10,00,000/- was claimed but the Tribunal

awarded a sum of Rs.1,47,500/- which is meager. Challenging the said award,

the appellant is before this Court.

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C.M.A.No.141 of 2026

4.The learned counsel for the 2^nd respondent/ Insurance Company submits

that the accident occurred due to the negligence of the 1^st Respondent and denies

the manner of accident. He also denies the age, occupation and income of the

petitioner, and also denies that the 1^st respondent did not possess a valid driving

license at the time of the accident. He also submitted that, the 1^st Respondent,

followed the traffic rules and regulations while making the U-turn, and it was

the petitioner who crossed the road suddenly without seeing the car and dashed

against the same. The learned counsel would further submit that the petition

ought to have been dismissed as it is misconceived and devoid of merits.

5. Heard both sides and records perused.

6. Considering the facts and circumstances of the case, this Court deems

it fit to fix the loss of income as Rs.16,500/- per month for 4 months (Rs.

66,000/-). The Tribunal awarded Rs.20,000/- towards pain and suffering, which

is hereby enhanced by Rs.10,000/-. The Tribunal has awarded Rs.20,000/-

towards loss of amenities which is also enhanced by Rs.10,000/-.

7. Therefore, this Court finds it reasonable to enhance the compensation

under the various heads, which are as follows:

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C.M.A.No.141 of 2026

S.No. Description Amount awarded by Amount awarded by

Tribunal this Court (Rs.)

(Rs.)

1. Loss of Income 33,000 66,000

2. Disability 48,000 48,000

3. Medical Expenses 5,000 5,000

4. Transport 2,500 2,500

5. Extra Nourishment 15,000 15,000

6. Damages 1000 1000

7. Pain & Suffering 20,000 30,000

8. Attender 3,000 3,000

9. Loss of Amenities 20,000 30,000

TOTAL 1,47,500/- 2,00,500/-

9. As a result of the aforesaid discussion,

(i) the present appeal is partly allowed and it is held that the appellants

shall be entitled to a compensation of Rs.2,00,500/- along with interest at the

rate of 7.5% per annum from the date of claim petition till the realization of the

compensation.

(ii) The respondent/Corpor