IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.02.2026 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.M.A.No. 3006 of 2025 Thilakavathi …. Appellant Vs

1.T.Dilli Babu

2.The Manager, National Insurance Company Limited, Mortor Third Party Claims Hub, Regina Mansion, 3^rd Floor, No.46, Moore Street, Chennai – 600 001. …. Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, to allow the Civil Miscellaneous Appeal by enhancing the compensation order dated 17.02.2025 passed in MCOP No.2780 of 2018 on the file of the Motor Accident Claims Tribunal (In the II Court of Small Causes, Chennai).

For Appellant : Mr.K.Balaji For R1 : Notice Dispensed with For R2 : Mr.N.Vijayaraghavan

JUDGME NT

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.2780 of 2018 on the file of the Motor Accident Claims Tribunal, (IV Court of Small Causes), Chennai.

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

On 13.12.2017, at about 8.40 hours, when the claimant was travelling as a passenger in a van bearing Registration No.TN-01-L-1641, in GST Road, proceeding from Chengalpet to Tambaram, near Karanaiputhuchery signal at Urapakkam, the driver of the said van drove the vehicle in a rash and negligent manner, endangering public safety and suddenly applied brakes. Due to which, the claimant fell down from the van and sustained grievous injuries.

FIR was registered against the driver of the said van.

3. The claimant filed the above MCOP claiming compensation of Rs.20,00,000/- for the injuries sustained in the said accident. 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 is entitled to compensation. However, the Tribunal awarded only a sum of Rs.2,30,900/-, which is inadequate.

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

5. The learned counsel appearing for the appellant/claimant would contend that the Tribunal erred in awarding a meagre sum of Rs.2,30,900/- as against the claim of Rs.20,00,000/-, without properly appreciating the fact that the appellant had sustained partial permanent disability due to the injuries and had consequently suffered loss of future earning capacity. The appellant sustained grievous injuries, including a bimalleolar fracture of the right leg and fractures of the right fibula & tibia bones, and she is unable to carry on her work as she did prior to the accident. It is further contended that though the Medical Board assessed the permanent disability at 24%, the Tribunal mechanically adopted the same and fixed compensation at Rs.5,000/- per percentage, which is inadequate. Though the Tribunal fixed the notional monthly income at Rs.6,621/- per month, the Tribunal erroneously considered loss of income only for a period of three months. Therefore, the fixation of income and the compensation awarded towards disability warrant enhancement. The learned counsel further submitted that the Tribunal awarded only a sum of Rs.10,000/- towards transportation to hospital;

Rs.10,000/- towards extra nourishment ; Rs.3,000/- towards attender charges; Rs.50,000/- towards pain and sufferings and mental agony; Rs.10,000/- towards loss of amenities; Rs.19,863/- towards loss of income, which are all insufficient, especially considering the fact that the appellant, who was aged about 46 years at the time of accident, sustained grievous injuries and underwent treatment as inpatient for six days. Hence, he prayed for enhancement of compensation awarded by the Claims Tribunal.

6. Per contra, the learned counsel for the second respondent/Insurance Company submitted that the Tribunal, upon considering the materials available on record, has awarded 'just compensation'