IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.02.2026 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Siva Saravanan …. Petitioner Vs

1.Rajendran 2.Palanivel

3.Oriental Insurance Company Ltd., Rep. by its Branch Manager, Karur Main Road, Velauthampalayam, Karur District – 639 117. …. Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, to enhance the award amount passed in MCOP No.976 of 2018 dated 06.06.2023 on the file of the Motor Accident Claim Tribunal/Sub Court at Kangeyam, Tiruppur District, with interest and costs.

For Appellant : Mr.M.Selvam For R1 & R2 : No appearance For R3 : Mr.S.Arunkumar

JUDGMENT

This appeal has been filed under Section 173 of Motor Vehicles Act by the appellant/claimant seeking enhancement of the compensation awarded in M.C.O.P. No.976 of 2018 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Kangeyam, Tiruppur District.

2.The brief facts of the case are as follows :

On 10.10.2017, at about 07.30 p.m., while the petitioner was walking on the Kodumudi-Muthur Road, a two wheeler bearing Registration No.TN-47- S-8024 driven in a rash and negligent manner, hit him from behind. Due to the said accident, the petitioner sustained grievous injuries and underwent surgery at Ganga Hospital, Coimbatore. He was hospitalized for about 20 days and incurred medical expenses to the tune of Rs.10,00,000/-. At the time of accident, the petitioner was aged about 42 years and was earning a sum of Rs.20,000/- per month as a priest. Due to the injuries sustained and the resultant disability, he suffered loss of income. FIR was registered against the rider of the said two wheeler. The claimant filed a claim petition seeking compensation of Rs.30,00,000/-.

3. The Claims Tribunal framed the necessary issues and, upon appreciation of the oral and documentary evidence, came to the conclusion that the accident occurred in the manner alleged and that the claimant was entitled to compensation. However, the Tribunal awarded only a sum of Rs.6,55,118/-.

4. Aggrieved over the same, the present Civil Miscellaneous Appeal has been preferred by the appellant/claimant seeking enhancement of compensation.

5. The learned counsel appearing for the appellant/claimant contended that the Tribunal erred in awarding a meagre sum of Rs.6,55,118/- as compensation as against the claim of Rs.30,00,000/-, without properly appreciating the fact that the appellant had sustained permanent functional disability due to the injuries and had consequently suffered loss of future earning capacity. It is further submitted that the appellant sustained grievous injuries, viz., abrasion over right parietal region, pelvic with both hip; inter- trochanteric fracture of the right hip with femour AP/LPT; and fracture of the distal one-third of both bones of the left leg. The appellant underwent surgery and took treatment as an in patient from 10.10.2017 to 30.10.2017. Though the Medical Board assessed the disability at 15%, the Tribunal mechanically adopted the same and awarded compensation by fixing Rs.5,000/- per percentage, which is inadequate. Further, the Tribunal erroneously fixed the notional monthly income of the appellant at Rs.9,000/- and granted loss of income only for three months despite the evidence showing that the appellant was working as a priest. It is further contended that the amounts awarded under the other heads are on the lower side, viz., Rs.40,000/- towards pain and suffering; a sum of Rs.7,000/- towards nutrition and a sum of Rs.18,000/-

towards attender charges, which are very low and meager considering the nature of injuries and period of treatment. Hence, he prayed for enhancement of compensation awarded by the Claims Tribunal.

6. Per contra, the learned counsel for the third respondent/Insurance Company submitted that the Tribunal, upon considering the materials available on record, has awarded 'just compensation' which requires no interference by this Co