M.Santhosh v. M.Pitchaimani

J U D G M E N T (Judgment of the Court was delivered by N.ANAND VENKATESH, J.) This appeal has been filed by the claimant against the award passed by the Motor Accident Claims Tribunal / IV Additional Sub Court, Madurai made in M.C.O.P.No.1255 of 2022 dated 26.02.2025 seeking for enhancement of compensation.

¶2Heard the learned counsel on either side.

¶3The case of the claimant was that on 10.03.2022, the claimant was riding his two-wheeler by wearing a helmet and at about

12.10 noon, when the vehicle was going at Solavandhan to Dindigul road and when the vehicle was crossing the place of occurrence, the vehicle owned by the first respondent was driven in a rash and negligent manner and it hit the two-wheeler driven by the appellant, as a result of which, the appellant sustained serious injuries, resulting in the amputation of the left leg below the knee. It is under these circumstances, the claim petition came to be filed before the Motor Accident Claims Tribunal.

¶4The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, rendered a finding that the accident had taken place only due to the rash and negligent driving on the part of the offending vehicle. After having rendered the said finding, the Tribunal proceeded to fix the compensation by applying the multiplier method, considering the fact that the appellant had suffered functional disability. Accordingly, a total compensation of Rs.26,59,000/- (Rupees Twenty Six Lakhs Fifty Nine Thousand only) was granted under the following heads.

¶1gFjp epue;ju Cdj;jpw;fhf : &. 22;>68>000/-

¶2typ kw;Wk; Ntjidf;F : &. 1>00>000/-

¶3kUj;Jt rpfpr;irapd; NghJ cldpUe;jth; Cjpaj;jpw;fhf : &. 6>000/-

¶4$Ljy; Cl;lrj;JzTf;fhf : &. 25>000/-

¶5Nghf;Ftuj;J nryTf;fhf : &. 10>000/-

¶6mnrsfupaj;jpw;fhf : &. 1>00>000/-

¶7kUj;Jt nryT njhif : &. 1>50>000/-nkhj;jk; : &. 26>59>000/-

¶5The present appeal has been filed seeking for enhancement of compensation mainly on the ground that the Tribunal did not add future prospectus to which the claimant is entitled.

¶6The learned counsel appearing for the appellant, in order to substantiate his submissions, relied upon the following judgments:

¶12023 (1) TN MAC 20 (SC) in the case of Mohd. Sabeer @ Shabir Hussain Vs. the Regional Manager, U.P. State Road Transport Corporation

¶22025 INSC 180 in the case of Prakash Chand Sharma Vs. Rambabu Saini and another

¶32025 (1) TN MAC 575 (DB) in the case of Manager, United India Insurance Company Limited Vs. V.Naveendharan and another

¶7In the considered view of this Court, the appellant was a 19-year-old boy, who had suffered amputation of his left limb and had suffered grievous injuries and the disability was assessed at 70%. The Tribunal rightly had applied the multiplier method, considering the fact that there was permanent disability and the appellant faced functional disability. However, while undertaking the said exercise, the Tribunal failed to take into consideration the future prospectus to which the appellant is entitled. Hence, we are inclined to add the future prospectus at 40%. Apart from that, we find that the appellant had incurred expenses towards prosthetic limb and the cost of the same has been substantiated through Ex.P.4 (estimation). That apart, we also find that the Tribunal has fixed a lower compensation under the heads of pain and suffering, attender charges and also under the head of loss of conveyance.

¶8In view of the above, we are inclined to modify the compensation amount as under. S.N o. Description Amounts

¶1For Pain and Suffering Rs.2,50,000/-

¶2For Loss of conveyance including the loss of marriage prospectus Rs.3,50,000/-

¶3For Future Prospectus enhanced as 40% (15,000+(40%) 6000=21,000*12*18 out of 70% Rs.31,75,200/-

¶4Cost towards purchase of prosthetic leg Rs.3,10,000/-

¶5For attendant and maintenance enhanced as (from the year of 2025 up to age 70 years

(2074) Rs.9,80,000/-

¶6For extra nourishment Rs.25,000/-

¶7For Transportation Rs.10,000/-

¶8For Medical Expenses Rs.1,50,000/-Total Rs.52,50,200/-

¶9In the light of the above discussion, the award dated

26.02.2025 passed in M.C.O.P.No.1255 of 2022 on the file of the Motor Accident Claims Tribunal / IV Additional Subordinate Judge, Madurai, is modified to the above extent. It is made clear that the Tribunal has already ordered for pay and recovery.

¶10The learned counsel appearing for the second respondent / Insurance Company submitted that the Insurance Company has complied with the award and deposited the entire compensation award with interest during March 2025 itself. When this Court condoned the delay in filing the appeal by order dated 10.03.2026, it was made clear that the appellant / claimant will not be entitled for interest for the period of delay in filing the appeal. Therefore, insofar as the enhancement amount is concerned, the same shall be deposited by the second respondent / Insurance Company within a period of six weeks from the date of receipt of a copy of this order along with interest excluding the period of delay in filing the appeal. It goes without saying that for the enhancement amount that is paid by the Insurance Company, the same can be recovered from the owner of the offending vehicle. Till date, the owner of the vehicle has not filed any appeal and therefore, we are inclined to dispose of the present appeal. If and when any appeal is filed by the owner of the vehicle, if they are aggrieved by the award passed by the Tribunal, this order will not act against the interest of the first respondent owner and it will be left open to the owner of the vehicle to contest the appeal on its own merits and in accordance with law.

¶11Accordingly, this Civil Miscellaneous Appeal stands allowed. No costs. [N.A.V., J.] [K.K.R.K., J.]

23.03.2026

NCC :Yes/No Index :Yes/No TSG To

1.The Motor Accident Claims Tribunal / IV Additional Subordinate Judge, Madurai.

2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai. N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J. TSG

23.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026 CORAM: THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN M.Santhosh ... Appellant Vs. 1.M.Pitchaimani 2.The Branch Manager, Shriram General Insurance Company Limited, Hakkim Ajmalkhan Road, Chinna Chokkikulam, Madurai. ... Respondents PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 26.02.2025 passed in MCOP.No.1255 of 2022 on the file of the Motor Accident Claims Tribunal / IV Additional Subordinate Judge, Madurai for enhancement of compensation. For Appellant : Mr.S.Ashok Kumar For R-1 : Mr.V.S.Kishore Kumar For R-2 : Mr.N.Shyllappa Kalyan