IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.01.2026 CORAM THE HONOURABLE MRS JUSTICE R. KALAIMATHI M.Mohammed Zuber .. Appellant /Petitioner Vs.

1.S.Gomathi

2.The New India Assurance Co. Ltd., Rep. by its Manager, Juman Centre, 43A/2 Promenade Road, Cantonment, Trichy – 620 001. ..Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the award amount passed in M.C.O.P.No.359 of 2022 dated 12.02.2025 on the file of the Motor Accident Claims Tribunal ( Chief Judicial Magistrate), Dharmapuri.

For Appellants : Mr.S.Udayakumar For R2 : Mr.J.Chandran

JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the claimant against the award dated 12.02.2025 made in M.C.O.P.No.359 of 2022 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Dharmapuri, for enhancement of compensation.

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

3. Heard the learned counsel for the appellant/claimant and the learned counsel for the second respondent/Insurance Company. Perused the relevant records.

4. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.40,00,000/- for the injuries sustained by the claimant in a road traffic accident that occurred on 19.12.2021.

5. At trial, to substantiate the claim details on the claimant’ side, one witness was examined and sixteen documents were marked. On the side of the second respondent, neither witness was examined and nor any document was produced. Ex.C1 is the Disability Certificate issued by the District Medical Board.

6. Upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, the Tribunal granted compensation of Rs.10,40,084/- with interest at the rate of 7.5% per annum from the date of claim petition. The amounts granted under different heads are given hereunder:-

“Towards permanent disability – Rs.2,00,000/-: toward pain and sufferings – Rs.50,000/-: towards loss of income – Rs.1,20,000/-: towards extra nourishment – Rs.30,000/- towards transportation – Rs.20,000/-; towards attender charges – Rs.10,000/-: towards future medical expenses – Rs.50,000/-: towards medical expenses – Rs.5,60,084/-: in total a sum of Rs.10,40,084/- was awarded.”

7. The learned counsel for the appellant/claimant would strenuously argue that the claimant, who was aged about 22 years at the relevant point of time, had been working as Supervisor of CTP Granite and Export Limited, had suffered fracture of middle right finger, right femur fracture and comminuted talus fracture and the Medical Board assessed his disability at 40%. But the Tribunal granted Rs.5,000/- per percentage, which is inadequate. He would further argue that as per Ex.P8-Salary Certificate, the claimant was earning a sum of Rs.15,000/- per month. But the Tribunal has fixed the notional income at Rs.10,000/- per month which is less and hence, sought for enhancement of compensation.

8. Per contra, the learned counsel for the second respondent/Insurance Company would strenuously contend that, as per the age, avocation and the injuries suffered by the claimant, the amount awarded by the Tribunal under various heads appear to be reasonable and, therefore, it does not warrant any interference by this Court.

9. The manner in which the accident took place is not in dispute. It has come on record through the evidence of P.W.1 that on account of the accident, he suffered fracture of ring finger and fracture of right femur and talus bones. As per Ex.C1-Disability Certificate issued by the District Medical Board, the disability was assessed at 40%. As per Ex.P.3, Ex.P.12 , discharge summaries issued by the Ganga Hospital, Coimbatore, the claimant had taken treatment for 27 days at the first instance and thereafter, for four days as inpatient. In consideration of the age, injuries and fractures suffered by the claimant