The court affirmed that compensation must reflect actual medical expenses incurred by the appellant, leading to an enhancement of the awarded amount for personal injury.

JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the appellant/claimant seeking to enhance the quantum of compensation awarded by the learned Chief Judicial Magistrate, Motor Accident Claims Tribunal, Dharmapuri vide Order dated 13.08.2025 in M.C.O.P.No.933 of 2022.

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

On 20.09.2022, at about 8.30 p.m., when the appellant/claimant was walking on the left side of the Dharmapuri – Salem Main Road opposite to Kamalam Hospital, Dharmapuri, a Honda CD 110 motorcycle bearing Registration No.TN 29 BF 9774 which was driven by its rider in a rash and negligent manner, hit the appellant/claimant, due to which, the appellant/claimant had sustained multiple grievous injuries all over his body. Therefore, the appellant/claimant had filed a Claim Petition in M.C.O.P.No.933 of 2022 against the 1^st respondent (owner of the offending vehicle) and 2^nd respondent/Insurance Company (insurer of the offending vehicle) claiming a sum of Rs.20,00,000/- as compensation for the multiple grievous injuries sustained by him.

3. The 1^st respondent (owner of the offending vehicle) had remained ex parte before the Tribunal.

4. The 2^nd respondent/Insurance Company (insurer of the offending vehicle) had filed its counter statement denying all the averments made by the appellant/claimant in the Claim Petition.

5. Before the Tribunal, on the side of claimant, appellant/claimant examined himself as P.W.1 and 14 documents were marked as Exs.P1 to P14. On the side of Insurance Company, no one was examined as witness and no documents were marked as exhibits. The Disability Certificate issued to the appellant/claimant was marked as Ex.C1.

6. On appreciation of the oral and documentary evidence, the Tribunal has arrived at the finding that the accident had occurred due to the rash and negligent driving of the rider who drove the motorcycle.

7. The Tribunal has awarded a sum of Rs.2,18,415/- as compensation to the appellant/claimant. The break-up details of the compensation awarded by the Tribunal are as follows:

8. The Tribunal vide Order dated 13.08.2025, partly allowed M.C.O.P.No.933 of 2022 and directed the 2^nd respondent/Insurance Company (insurer of the offending vehicle) to pay a sum of Rs.2,18,415/- as compensation to the appellant/claimant, with proportionate cost and interest at

7.5% per annum from the date of claim petition till the date of realization. 9. Now, the appellant/claimant has preferred this Civil Miscellaneous Appeal before this Court, seeking to enhance the quantum of compensation awarded by the Tribunal.

10. Mr.S.Velmurugan, learned counsel for appellant/claimant submitted that though the appellant/claimant had claimed Rs.20,00,000/- as compensation for the injuries sustained by him in the accident, the Tribunal has awarded only a sum of Rs.2,18,415/- as compensation to the appellant/claimant. He further submitted that in the accident occurred on 20.09.2022, appellant/claimant had suffered ACL & MCL ligament tears and meniscus injury. The appellant/claimant had spent around Rs.1,94,481/- for his medical treatment. However, at the time of filing the Claim Petition, the appellant/claimant had enclose