(Prayer in C.M.A.No.231 of 2026:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, pleased to set aside the order dated 14.03.2025 made in M.C.O.P.No.4384 of 2022, on the file of the Motor Accident Claims Tribunal, V Judge, Court of Small Causes, Chennai and pass such further or other orders as may be deemed fit and proper in the circumstances of the case and thus render justice.
In C.M.A.No.815 of 2026:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, pleased to modify the award dated 14.03.2025 made in M.C.O.P.No.4384 of 2022, on the file of the Motor Accident Claims Tribunal, V Small Causes Court, Chennai by enhancing the compensation and pass such further or other orders as may be deemed fit and proper in the circumstances of the case and thus render justice.)
Common Judgment:
1. These appeals have been filed both by the Insurance company as well as the claimant against the award passed by the Motor Accident Claims Tribunal, V Small Causes Court, Chennai, in M.C.O.P.No.4384 of 2022 dated 14.03.2025.
2. The appellant in C.M.A.No.815 of 2026 is the claimant. The case of the claimant is that on 24.08.2022, he was riding a two-wheeler with a pillion rider from Kancheepuram to Vandavasi and at about 10.40 hours when the vehicle was going near rice godown, the offending vehicle which was a bus was driven in a rash and negligent manner and it dashed on the two-wheeler. As a result of which, the claimant fell down from the vehicle and sustained the following injuries:-
“Segmental fracture femur – left side, Basictrivial left nect of femur fracture, comminuted left patella fracture”.
3. The claimant underwent treatment as inpatient for thirteen days and one surgery was also performed. A First Information Report came to be registered in Cr.No.356 of 2022 against the driver of the offending vehicle. It is under these circumstances, the Claim Petition came to be filed before the Tribunal.
4. The Tribunal, on considering the facts and circumstances of the case and on appreciation of evidence came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.
5. The Tribunal have rendered the above finding proceeded to deal with the defence taken by the Insurance company to the effect that the driver of the vehicle had driven the vehicle in violation of the route permit condition and the Tribunal held that this was a fundamental breach of policy and therefore ordered pay and recovery. The Tribunal fixed the total compensation at Rs.10,14,000/- under the following heads:-
Part disability Rs.1,60,000/-
Pain and Suffering Rs.50,000/-
Loss of Income Rs.75,000/-
Medical Expenses Rs.6,69,000/-
Attendant Charges Rs.10,000/-
Transportation Rs.10,000/-
Loss of Amenities Rs.25,000/-
Extra Nourishment Rs.15,000/-
Total Rs.10,14,000/-
6. The above compensation was directed to be paid along with interest at the rate of 7.5% per annum. Aggrieved by the same, Insurance company has filed C.M.A.No.231 of 2026 questioning the application of pay and recovery principle in this case. The claimant has filed C.M.A.No.815 of 2026 seeking for enhancement of compensation.
7. Heard the learned counsel for appellants and learned counsel for respondents. This Court has carefully considered the submissions made on either side and also went through the award passed by the Tribunal.
8. Insofar as the ground raised by the Insurance Company that the principle of pay and recovery should not have been adopted in this case, it is covered by the judgment of the Division Bench in The Branch Manager ICICI Lombard General Insurance Company Limited, Thanjavur Vs. Mariyapushpam and others reported in 2026 3 LW 119. In view of the same, the finding of the Tribunal applying the principle of pay and recovery is sustained.
9. Insofar as the quantum of compensation is concerned, it is seen that the claimant was a practicing Advocate and due to the injuries sustained by him and the treatment undergone, he would have been out of action atleast for six months. In view of the same, this Court is inclined to enhance the compensation under the head of loss of income to Rs.25,000/- per month for six months (25,000 x 6). This Court is also inclined to enhance the compensation under the head of extra nourishment to Rs.20,000/-. The compensation that has been fixed under the other heads are just and reasonable and it does not require interference of this Court.
10. In view of the above, the compensation fixed by the Tribunal is modified as follows:-
Part disability (16 x 1000) Rs.1,60,000/-
Pain and Suffering Rs.50,000/-
Loss of Income (25,000 x 6) Rs.1,50,000/-
Medical Expenses Rs.6,69,000/-
Attendant Charges Rs.10,000/-
Transportation Rs.10,000/-
Loss of Amenities Rs.25,000/-
Extra Nourishment Rs.20,000/-
Total Rs.10,94,000/-
11. The compensation awarded by the Tribunal at Rs.10,14,000/- is enhanced to Rs.10,94,000/-. The Insurance Company is directed to deposit the enhanced compensation of Rs.80,000/-, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The guidelines issued by the Division Bench of this Court in C.M.A.No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimant.
12. It is left open to the appellant / Insurance company in C.M.A.No.231 of 2026 to pay the compensation and recover the same from the owner of the offending vehicle. In the result, C.M.A.No.231 of 2026 is dismissed and C.M.A.No.815 of 2026 is partly allowed in the above terms. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.
