Magma Hdi General Insurance Co. Ltd., v. R. Ajith
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-04-2026
CORAM
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR CMA No. 3054 of 2025 & CMP No.25670 of 2025 CMP No.2390 of 2026 CMA No.2579 of 2025 & CM.P No.21723 of 2025 CMA Nos.1749 and 1750 of 2025 CMA 3054/2025 Magma HDI General Insurance Co. Ltd., Navin's Presidum, M.N.Road, 3rd Floor, N.No.17/19, Old No.103, B-Block, 3A, Nelson Manickam Road, Aminjikarai, Chennai 600 029.
..Appellant Vs
1. R.Ajith
2. B.Thiyagaraj ..Respondents CMA 2579/2025 Magma Hdi General Insurance Co. Ltd., Navins Presidum, M.N.Road, 3rd Floor, N.No.17/19, Old No.103, B-Block, 3A, Nelson Manickam Road, Aminjikarai, Chennai 600 029.
..Appellant Vs.
1. Rani
2. Pandimeena
3. Hemavathi
4. Pravin
5. G.Rengammal
6. P.Govindaraj
7. B.Thiyagaraj ..Respondents Civil Miscellaneous Appeals filed under Section 173 of M.V. Act, 1988 to set aside the Order dated 31.07.2024 made in M.C.O.P.Nos.6478 and 6571 of 2019 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
For Appellant:
Mr.B.Siva Kollapan For R1 in CMA 3054/2025 & Respondents 1 to 6 in CMA 2579/2025:
Mr.P.T.Saleem Fathima CMA 1749/2025
1. Rani
2. Pandimeena
3. Hemavathi
4. Pravin
5. G.Rengammal
6. P.Govindaraj ..Appellants Vs.
1. B.Thiyagaraj
2. Magma HDI General Insurance Co. Ltd., Navin's Presidum, M.N.Road, 3rd Floor, N.No.17/19, Old No.103, B-Block, 3A, Nelson Manickam Road, Aminjikarai, Chennai 600 029.
..Respondents
CMA 1750/2025 R.Ajith ..Appellant Vs.
1. B.Thiyagaraj
2. Magma HDI General Insurance Co. Ltd., Navin's Presidum, M.N.Road, 3rd Floor, N.No.17/19, Old No.103, B-Block, 3A, Nelson Manickam Road, Aminjikarai, Chennai 600 029.
..Respondents Civil Miscellaneous Appeals filed under Section 173 of M.V. Act, 1988 to enhance the award in M.C.O.P.Nos.6571 and 6478 of 2019 dated 31.07.2024 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
For Appellants:
Mr.P.T.Saleem Fathima For R2 Mr.B.Siva Kollapan COMMON JUDGMENT (Judgment of the Court was delivered by C.V.Karthikeyan J.) The common Award dated 31.07.2024 passed by the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai in M.C.O.P.Nos.6478 and 6571 of 2019 has given rise to the present Civil Miscellaneous Appeals.
2. The Insurance Company has filed C.M.A.No.3054 of 2025 challenging the quantum of compensation awarded in M.C.O.P.No.6478 of 2019 wherein the Tribunal had granted compensation for the injuries sustained by the claimant
R.Ajith and C.M.A.No.2579 of 2025 challenging the quantum of compensation awarded in M.C.O.P.No.6571 of 2019 wherein the Tribunal had granted compensation to the claimants/the legal heirs for the death of one Chandran in a road accident that took place on 14.11.2019.
3. Seeking enhancement of the compensation amount awarded by the Tribunal, the said R.Ajith has filed C.M.A.No.1750 of 2025 and the legal heirs of Chandran have filed C.M.A.No.1749 of 2025.
4. Heard the learned counsel appearing for the parties and perused the materials available on record.
5. The injured claimant R.Ajith being the rider of his motorcycle bearing registration No.TN19 AK 4060 and the deceased Chandran being the pillion rider thereof, met with the accident on the hit by an Autorickshaw bearing registration No.TNI9 AX 4711 at Thiruporur Koot Road, near Vallam Kattu Paguthi and contending that the accident had taken place due to rash and negligence on the part of the driver of the autorickshaw, the claim petitions had been filed.
6. The quantum of compensation alone being in challenge and the accident and the consequences thereupon having not been disputed, this court is of the view that it would be redundant to go into the factual aspects of the case except to note that in the case of injury, the claimant R.Ajith had sustained grievous injuries and his right leg was amputated and the pillion rider Chandran died in the hospital on the next day viz., on 15.11.2019.
7. Another relevant aspect to be noted is that before the Tribunal, the claimants had examined three witnesses and marked 31 documents whereas the Insurance Company, which had generally denied its responsibility, had not chosen to adduce either oral or documentary evidence.
8. In such circumstances, on going through the entire materials, this court finds that the compensation awarded by the Tribunal in both the cases needs some enhancement or modification. Firstly, coming to the case of the injured claimant, he was said to have been employed as Manager cum Supervisor in Sri Anjaneya Enterprises, Chengalpattu and was earning Rs.30,000/- per month. He had produced Exs.P15 and P16 ID card and Salary Certificate to vouch safe the same, he had examined PW3, his employer. The Tribunal had found that no pay slip or bank statement has been produced to support such contention. Hence, the Tribunal had fixed a notional monthly income of Rs.15,000/-. This appears to be a litter bit on the lower side and this court is of the view that it can be enhanced to Rs.16,000/-.
9. The right multiplier of 18 in proportion to the age of the injured had been adopted by the Tribunal. Though the functional disability of the injured was assessed at 81% by the Medical Board as evidenced by Ex.P29, the Tribunal has taken into consideration the Locomotor Disability of 70% assessed by the Chengalpet Medical College Hospital alone, with which, we do not find any error or infirmity. However, we find that the Tribunal has not awarded any
compensation towards future prospects. We intend to award 40% towards future prospects. Therefore, the loss of earning capacity is arrived at Rs.33,86,880 ((Rs.16,000 +40%) x 12 x 18 x 70/100).
10. Towards Transport Charges, the Tribunal had awarded only a sum of Rs.10,000/-, which, we enhance to Rs.50,000/-. Under the head of Special Diet, we award a sum of Rs.25,000/- instead of Rs.10,000 awarded by the Tribunal. The medical expenses awarded by the Tribunal to the extent of Rs.6,02,000/- being mere reimbursement in nature as it is supported by proper medical bills, we confirm the same.
11. With regard to award of compensation to the extent of Rs.12,00,000/- by the Tribunal, the learned counsel for the Insurance Company submitted that the claimant had not purchased the artificial limb even as on date and it would cost around Rs.7,00,000/- and therefore, the award in that aspect, certainly, requires indulgence of this court.
12. Admittedly, the claimant had not purchased the artificial limb except producing estimate slips. Therefore, we feel it would be appropriate to reduce the compensation towards cost of artificial limb and its maintenance to Rs.7,00,000/- from Rs.12,00,000/- awarded by the Tribunal.
13. The award of Rs.1,00,000/- towards mental agony, pain and suffering and mental agony to family members and a sum of Rs.10,000/- towards attender charges appear to be low and therefore, we intend to enhance the same to Rs.2,00,000/- and Rs.15,000/- respectively. We find that the Tribunal had not
awarded any amount towards loss of amenities and therefore, we intend to award a sum of Rs.75,000/- in that regard.
14. The calculation of enhanced/modified compensation in the case of injured claimant is as under:- Heads of compensation Amount (in Rupees) Loss of earning 33,86,880 Transport charges 50,000 Special Diet 25,000 Medical Expenses 6,02,000 Cost of Artificial limb and its maintenance 7,00,000 Mental agony, pain and suffering and mental agony to family members 2,00,000 Attender charges 15,000 Loss of amenities 75,000 Total 50,53,880
15. Coming to the case of legal heirs of the deceased Chandran, considering the avocation of the deceased as Baker and his age at the time of accident, viz., 48 years with experience in his profession, this court is of the view that the monthly income has to be fixed at Rs.17,000/- instead of 15,000/- fixed by the Tribunal. We do not find any error on the part of the Tribunal in adopting the 13 multiplier considering the age of the deceased. Therefore, Adding 25% towards future prospects, total loss of earning is arrived at Rs.24,86,250/- ((Rs.17,000 + 25%) x 12 x 13 x 3/4)
16. This court does not find any error on the part of the Tribunal in awarding compensation under other heads except an award of Rs.10,000/- towards transportation charges when the Tribunal had already granted
Rs.15,000/- towards funeral expenses and therefore, we disallow the said sum of Rs.10,000/- awarded by the Tribunal towards transportation charges.
17. The calculation of enhanced/modified compensation in the case of deceased is as under:- Heads of compensation Amount (in Rupees) Loss of income/dependency 24,86,250 Loss of estate 15,000 Loss of consortium 2,40,000 Funeral expenses 15,000 Total 27,56,250
18. In the result, the compensation awarded by the Tribunal in M.C.O.P.No.6478 of 2019 is enhanced from Rs.42,00,000/- to Rs.50,53,880/- and in M.C.O.P.No.6571 of 2019, it is enhanced from Rs.24,74,000/- to Rs.27,56,250/-. The difference amount due to the enhancement in M.C.O.P.No.6571 of 2019 shall go to the share of the first claimant/wife of the deceased. The rest of the order passed by the Tribunal with regard to apportionment, interest and cost will hold good. The appellant/Insurance Company is directed to deposit the balance compensation amount within a period of six weeks from the date of receipt of a copy of this judgment.
19. The Civil Miscellaneous Appeals are disposed with the above enhancement/modification. No costs. The connected Miscellaneous Petitions are closed.
(C.V.K.,J.) (K.R.S.,J.) 22-04-2026
Index: Yes/No Speaking/Non-speaking order ssk To
1. Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
2. Magma HDI General Insurance Co. Ltd., Navin's Presidum, M.N.Road, 3rd Floor, N.No.17/19, Old No.103, B-Block, 3A, Nelson Manickam Road, Aminjikarai, Chennai 600 029.
C.V.KARTHIKEYAN, J.
AND K.RAJASEKAR, J.
ssk 22-04-2026