IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.02.2026 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI S.Abishek … Appellant / Petitioner vs.

1.K.Ramesh

2.The Oriental Ins., Co. Ltd., No.216/215, Prakasam Salai, 1st Floor, Broadway, Chennai-600 108. … Respondents/Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Award dated 08.06.2023 passed in M.C.O.P.No.3581 of 2019, on the file of the Motor Accident Claims Tribunal, Chennai / V Judge, Small Causes Court, Chennai.

For Appellant : Mr.T.G.Ravichandran For Respondents : Mr.R.Sreevidhya[R2]

R1 – No Appearance

JUDGMENT

Challenge is made to the Award dated 08.06.2023 passed in M.C.O.P.No.3581 of 2019, on the file of the Motor Accident Claims Tribunal, Chennai / V Judge, Small Causes Court, Chennai for enhancement of compensation by the claimant herein.

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

3. Claim petition was filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.14,00,000/- for the injuries sustained by the claimant herein in a road traffic accident that occurred on

04.06.2019.

4. The Tribunal upon consideration of evidence and after hearing the arguments advanced by either side passed an Award for a sum of Rs.6,12,100/-. The amounts awarded under different heads are given hereunder:-

For disability suffered by the claimant Rs.3,78,000/-(Rs.5000/-

+40%X12X18X25%). Towards medical expenses – Rs.1,53,010/- : For Pain and Sufferings undergone by the claimant – Rs.20,000/- : For Transport Charges – Rs.10,000/- : For Extra Nourishment – Rs.20,000/- : For Damages to clothes - Rs.500/- : For Attender Charges - Rs.10,500/-

and for Loss of Amenities Rs.20,000/-.

5. The learned counsel for the appellant would vehemently argue that the injured who was pursuing B.Com., Degree has suffered Gr.III C compound comminuted medical malleo fracture with left ankle joint subluxation with vessel injury. Besides that he also sustained extensive soft tissue injury. The Tribunal has taken only Rs.5,000/- as his monthly income which is less. He would further argue that the District Medical Board assessed the disability of the claimant at 48%, but, the Tribunal has taken at 25% is also not correct and sought for enhancement of compensation.

6. Per contra, the learned counsel for the 2^nd respondent would strenuously contend that on account of the accident, earning capacity of the claimant herein was not affected. But, still, the Tribunal computed disability by invoking multiplier method which is incorrect. Based on the age, injury sustained by the claimant during the accident and other attending circumstances, the Tribunal has granted compensation of Rs.6,12,100/- towards disability by invoking multiplier method. She would further contend that based on the fracture suffered by the claimant herein as the disability assessed by the Medical Board was on the higher side, the Tribunal has taken 25% as disability and computed loss of income which cannot be found fault with.

7. It has come on record through the evidence of PW1 that he suffered Gr.III C compound comminuted Medical malleo fracture with left ankle joint subluxation with vessel injury as per Ex.P11 and Ex.P12 Discharge Summary issued by Sri Hospital, Tondaiarpet, Chennai. For which, debriment was done for the left leg. For ankle joint K-wire fixation was done. As regards left posterior tibia vessel ligation was done. He had undergone surgeries on 05.06.2019, 11.06.2019 and 19.08.2019. On 19.08.2019, K-wire was removed and external fixator was also removed from the left leg. Ex.P19 is the series of photos of the claimant herein.

8. In consideration of the above said details found in discharge summaries Exs.P11 and P12 and the evidence of PW1 to the effect that he finds it difficult to walk, to climb up stairs and to carry weight etc., He is not in a position to do the above said activities as he did before. At the tim