IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.11.2025 CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI Poongavanam ... Appellant vs.

1.Thirunavukkarasu ( Since R1 remained exparte before the Tribunal His presence may be dispensed with)

2.The Manager Tamilnadu State Transport Corporation, Tiruvannamalai. 3. The Manager, Shriram General Insurance Company Ltd., IV Floor, No.4, Lady Desika Road, Myalpore, Chennai-4. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to enhance award dated 31.01.2020 in M.A.C.T.O.P.No.950 of 2017 on the file of the Motor Accident Claims Tribunal / Special Subordinate Court, Tiruvannamalai.

For appellant : Mr.A.G.F.Terry Chellaraja For R2 : Mr.C.R.Suresh Kumar or R3 : Mrs.C.Bhuvanasundari J U D G M E N T This Civil Miscellaneous Appeal has been preferred by the claimant herein against the Award dated 31.01.2020 made in M.A.C.T.O.P.No.950 of 2017 on the file of Special Subordinate Court, (to deal with MCOP.cases)

Tiruvannamalai for enhancement of compensation.

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

3. The claimant herein had filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- for the injuries sustained by him during the road traffic accident that took place on 22.04.2016.

4.Upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, the Tribunal granted compensation for a sum of Rs.3,08,000/- with interest at the rate of 7.5%

p.a. from the date of filing of the claim petition.

5. The amounts granted by the Tribunal under various heads are given hereunder:

6. The learned counsel for the appellant would strenuously argue that on account of the accident, the claimant, who was 23 years old at the relevant point of time, suffered fracture of shaft of right femur and open fracture of the right elbow. She was admitted at Rajiv Gandhi Government Hospital, Chennai, where she was treated as an inpatient. He would further contend that at the first instance, the disability was assessed by the Medical Board, Tiruvannamalai Medical College Hospital at 50% and thereafter it was reassessed at 61% by the same District Medical Board.

6.1. It is further argued that on account of the accident, the claimant, who was working as a mason helper, she is not in a position to do coolie work as she did before. He would further argue that on account of her disability, the Tribunal has not invoked the multiplier method for granting compensation for the disability suffered by her.

7. It has come on record through the evidence of P.W.1 that she suffered a fracture of right thigh and a fracture of the right elbow on account of the accident. Ex.P.3 is the Discharge Summary issued by Rajiv Gandhi Government Hospital, Chennai. As per Ex.P3 - Discharge Summary, she was admitted on 22.04.2016 and discharged only on 28.07.2016, She suffered fracture of shaft of the right femur and a fracture of the neck of femur and a Grade-III b compound comminuted fracture of the right elbow, wherein, open reduction and internal fixation has been done on 15.07.2016.

8. The District Medical Board, Tiruvannamalai Medical College Hospital, has fixed disability at 61% and it is locomotor disability. It is the evidence of P.W.1 that she is facing difficulties while walking, squatting, standing and climbing upstairs. On account of the fractures, the claimant would definitely find difficulties in squatting, walking and climbing up the stairs. She suffers from shortage of the right lo