Surya, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2025
CORAM
THE HONOURABLE MRS JUSTICE R. KALAIMATHI Surya .. Appellant/Petitioner Vs.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem, Regional Office at Bharathipuram, Dharmapuri ..Respondent/Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the compensation amount made in the fair order dated 16.08.2024 made in M.C.O.P.No.596 of 2022 on the file of the Motor Vehicles Accident Claims Tribunal, Special Subordinate Court, Krishnagiri, by allowing this Civil Miscellaneous Appeal. For Appellants : Mr.S.P.Yuvaraj For Respondent : Mr.D.Nithin
JUDGMENT
Not being satisfied with the Award passed in M.C.O.P.No.596 of 2022 on the file of the Special Subordinate Court (to deal with MCOP cases), Krishnagiri, the claimant herein has preferred this Civil Miscellaneous Appeal
for enhancement of compensation.
2. The claimant herein had filed the claim petition claiming compensation of Rs.15,00,000/- for the injuries suffered by him on account of the road traffic accident that took place on 15.09.2021.
3. The Tribunal upon consideration of the case records and after hearing the arguments advanced by the learned counsels appearing on either side, granted compensation of Rs.4,43,000/- with interest at the rate of 7.5% per annum from the date of claim petition. The amounts awarded under various heads are mentioned as follows:- "For the disability suffered by the claimant, Rs.2,10,000/-, for medical expenses Rs.1,21,400/-, towards pain and sufferings undergone by the claimant Rs.45,000/-, for transportation expenses and for extra nourishment, Rs.10,000/- under each head, for damages to clothes Rs.1,600/-, for loss of amenities and for attender charges Rs.27,000/-, for loss of income during treatment period Rs.18,000/-, in all Rs.4,43,000/-."
4. It is the evidence or P.W.1 - Surya that he is a load man, earning a sum of Rs.25,000/- per month and he was 18 years of age at the relevant point of time. On account of the accident, he suffered clavicle fracture,
fracture of mandible and he was admitted at Sri Saraswathi Hospital, Krishnagiri as inpatient from 15.09.2021 to 18.09.2021. Thereafter, as per Ex.P2, wherein, open deduction and internal fixation of clavicle was done. After two years, the implant was removed as per Ex.P4 - discharge summary. District Medical Board fixed the disability of the injured as 35%. The Tribunal has granted Rs.6,000/- per percentage. Date of accident is 15.09.2021.
5. In consideration of the aforestated details, functional disability of the claimant is fixed as 32% and a sum of Rs.9000/- per percentage is granted. Towards loss of amenities and attender charges, a sum of Rs.10,000/- is granted in addition to the amount already granted by the Tribunal. Towards loss of income, a sum of Rs.9,000/- is granted in addition to the amount already granted by the Tribunal. As regards the other heads, the amounts awarded by the Tribunal appears to be reasonable and acceptable and hence does not warrant interference by this Court. The amounts awarded as mentioned supra after rework is tabulated hereunder:- Sl.
No.
Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced Towards Disability (32% x Rs.9000/-) Rs.2,10,000/- Rs.2,88,000/- Enhanced For Medical Expenses Rs.1,21,400/- Rs.1,21,400/- Confirmed For Pain and Sufferings Rs.45,000/- Rs.45,000/- Confirmed For Transportation Expenses Rs.10,000/- Rs.10,000/- Confirmed
For Extra Nourishment Rs.10,000/- Rs.10,000/- Confirmed For Damages to Cloths Rs.1,600/- Rs.1,600/- Confirmed For Loss of Amenities & Attender Charges Rs.27,000/- Rs.37,000/- Enhanced For Loss of Income Rs.18,000/- Rs.27,000/- Enhanced Total Rs.4,43,000/- Rs.5,40,000/- Enhanced
6. Thus, the compensation awarded by the Tribunal is enhanced from Rs.4,43,000/- to Rs.5,40,000/- which would carry interest at the rate of 7.5% per annum from the date of petition (excluding the period of default if any).
7. In the result, (i) The Civil Miscellaneous Appeal stands partly allowed. No costs. (ii) The compensation awarded by the Tribunal is enhanced from Rs. 4,43,000/- to Rs.5,40,000/-.
(iii) The respondent / Transport Corporation is directed to deposit the enhanced compensation amount now determined by this Court i.e.Rs.5,40,000/- (less the amount already deposited if any) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit (excluding the period of default if any) to the credit of M.C.O.P.No.596 of 2022 on the file of Motor Accidents Claims Tribunal / Special Subordinate Judge, Krishnagiri within a period of eight weeks from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the claimant is permitted to withdraw the amount now determined by this Court along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal.
(v) The claimant is directed to pay the Court fee for the enhanced compensation amount, if required.
(vi) The Tribunal below shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimant. 17.11.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No Mac Copy to
1. The Motor Accidents Claims Tribunal / Special Subordinate Court, Krishnagiri
2. The Section Officer, VR Section, High Court, Madras.
R. KALAIMATHI, J.
Mac 17.11.2025