(Prayer in CMA No.2426/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to allow the appeal by enhancing the award made in M.C.O.P.No.30 of 2022 dated 17.02.2025 on the file of the Motor Accident Claims Tribunal, in the Court of III Small Causes Court, Chennai, by awarding additional compensation of Rs.5,00,000/- with interest and cost.

In CMA No.2441/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to allow the appeal by enhancing the award made in M.C.O.P.No.5551 of 2021 dated 17.02.2025 on the file of the Motor Accident Claims Tribunal, In the Court of III Small Causes Court, Chennai by awarding additional compensation of Rs.5,00,000/- with interest and cost.

In CMA No.2443/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to o allow the Appeal by enhancing the award made in M.C.O.P.No.4379 of 2021 dated 17-02-2025 on the file of the Motor Accident Claims Tribunal, in the Court of III Small Causes, Chennai by awarding additional compensation of Rs.3,00,000/- with interest and cost.

In CMA No.2445/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to allow the appeal by enhancing the award made in M.C.O.P.No.3418 of 2021 dated 17-02-2025 on the file of the Motor Accident Claims Tribunal, in the Court of III Small Causes, Chennai by awarding additional Compensation of Rs.3,00,000/- with interest and cost.

In CMA No.2446/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to allow the appeal by enhancing the award made in M.C.O.P.No.3874 of 2021 dated 17.02.2025 on the file of the Motor Accident Claims Tribunal, In the Court of III Small Causes, Chennai by awarding additional compensation of Rs.2,00,000/- with interest and cost.

In CMA No.2447/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to enhance the award made in M.C.O.P.No. 4380 of 2021 dated 17.02.2025 on the file of the Motor Accidents Claims Tribunal, In the Court of III Small Causes Court, Chennai by awarding additional compensation of Rs.3,00,000/- with interest and cost.

In CMA No.2455/2026: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to allow the appeal by enhancing the award made in M.C.O.P.4377 of 2021 dated 17.02.2025 on the file of the Motor Accident Claims Tribunal, in the Court of III Small Causes, Chennai by awarding additional compensation of Rs.3,00,000/- with interest and costs.)

Common Judgment:

1. All these appeals arise out of the common award passed by the Motor Accident Claims Tribunal, III Small Causes Court, Chennai in M.C.O.P.Nos.30 of 2022, 5551 of 2021, 4379 of 2021, 3418 of 2021, 3874 of 2021, 4380 of 2021 and 4377 of 2021, dated 17.02.2025, wherein the respective claimants are seeking for enhancement of compensation.

2. C.M.A.No.2426 of 2026 has been filed against M.C.O.P.No.30 of 2022 and this arises out of a fatal case where the claimants are the wife and two sons of the deceased. All the other appeals that have been filed against M.C.O.P.Nos.5551 of 2021, 4379 of 2021, 3418 of 2021, 3874 of 2021, 4380 of 2021 and 4377 of 2021, by the injured persons.

3. The case of the claimants is that the deceased and all the injured persons were walking on the GST Road during a death ceremony on 09.05.2021 and at about 11.15 hours, near a Cross Over Bridge, the Eicher Van was driven in a rash and negligent manner and it ploughed into the crowd as a result of which one person named Kasi died and all the other claimants sustained grievous injuries. An FIR came to be registered in Crime No.203 of 2021 against the driver of the offending vehicle. It is under these circumstances, the claim petitions came to be filed before the Tribunal.

4. The Tribunal, on considering the facts and circumstances of the cases and on appreciation of oral and documentary evidence came to a 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 having rendered the above finding, fixed the total compensation in M.C.O.P.No.30 of 2022 in C.M.A.No.2426 of 2026 under the following heads:

                  

6. The Tribunal fixed the total compensation in M.C.O.P.No.5551 of 2021 in C.M.A.No.2441 of 2026 under the following heads:

                  

                  

7. The Tribunal fixed the total compensation in M.C.O.P.No.4379 of 2021 in C.M.A.No.2443 of 2026 under the following heads:

                  

8. The Tribunal fixed the total compensation in M.C.O.P.No.3418 of 2021 in C.M.A.No.2445 of 2026 under the following heads:

                  

                  

9. Loss of Earnings Rs.15,000/- Total Compensation Rs.62,400/- 9. The Tribunal fixed the total compensation in M.C.O.P.No.4380 of 2021 in C.M.A.No.2447 of 2026 under the following heads:

                  

The above compensation amount was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, all these appeals have been filed before this Court seeking for enhancement of compensation.

10. Heard Mr.D.Poovannan, learned counsel appearing on behalf of the appellants – claimants and Mr.D.Bhaskaran, learned counsel appearing on behalf of the second respondent – Insurance Company in all the appeals.

11. This Court carefully considered the submissions made by the learned counsel on either side and the materials available on record. This Court also carefully went through the common award passed by the Tribunal.

12. C.M.A.No.2426 of 2026 has been filed against M.C.O.P.No.30 of 2022. The claimants are the wife and sons of the deceased late Kasi. The deceased at the time of accident was aged about 65 years. The bone of contention is regarding the notional monthly income fixed by the Tribunal at Rs.10,000/- per month. Considering the fact that the accident had taken place in the year 2021, this Court is inclined to fix the notional monthly income at Rs.17,500/-. Since the deceased was aged about 65 years, nothing can be added towards future prospects. Considering the fact that the wife alone is the dependent in this case, half must be deducted towards personal expenditure. Consequently, the compensation under the head of loss of income/dependency is calculated as follows:

                   Monthly income : Rs.17,500/-

                   Multiplier : ‘7’

                   Deduction towards his personal expenses : ½

                   Loss of income/dependency (17,500 x 12 x 7 x 1/2) : Rs.7,35,000/-

13. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court.

14. In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.30 of 2022 (C.M.A.No.2426 of 2026) is modified as follows:

                  

15. C.M.A.No.2441 of 2026 has been filed against M.C.O.P.No.5551 of 2021. In this case, the claimant has sustained the following injuries: “Left Clavical #, Left Femur #, Non Union Fracture of Femur With PF Nail in Situ, Non Union Left Femur With IM Nail and Broken Screw Insitu”. The claimant has taken treatment as an in-patient for 24 days in three spells and five surgeries were performed. The Medical Board has assessed partial permanent disability at 30%.

16. The Tribunal has adopted the percentage method and has fixed Rs.7,000/- per percentage. This Court is inclined to fix Rs.10,000/- per percentage since the accident had taken place in the year 2021. Accordingly, the compensation under the head of disability is fixed at Rs.3,00,000/- (Rs.10,000/- x 30%).

17. Considering the nature of injuries sustained and the treatment underwent and also the Medical Certificate issued by the Medical Board, this Court is inclined to enhance the compensation under the head of Pain and Sufferings to Rs.50,000/-, Transportation to Rs.10,000/-, Extra Nourishment to Rs.25,000/-, Attender Charges to Rs.10,000/- and Loss of Amenities to Rs.20,000/-. This Court is also inclined to enhance the compensation under the head of Loss of Earnings to Rs.60,000/- (Rs.15,000 x 4).

18. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court.

19. In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.5551 of 2021 (C.M.A.No.2441 of 2026) is modified as follows:

                  

20. C.M.A.No.2443 of 2026 has been filed against M.C.O.P.No.4379 of 2021. In this case, the claimant has sustained the following injuries: “5th Metataesal Fracture, Proximal Phalanx of 5th toe of right leg.”. The claimant underwent treatment as an in-patient for four days. The Medical Board has also issued the disability certificate fixing the permanent disability at 15%. The Tribunal has adopted the percentage method and fixed Rs.7,000/- per percentage. Considering the fact that the accident had taken place in the year 2021, this Court is inclined to fix Rs.10,000/- per percentage. Accordingly, the compensation under the head of disability is fixed as Rs.1,50,000/- (Rs.10,000/- x 15%).

21. This Court is inclined to enhance the compensation under the head of Pain and Sufferings to Rs.15,000/-, Transportation to Rs.5,000/- and Extra Nourishment to Rs.10,000/-. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court.

22. In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.4379 of 2021 (C.M.A.No.2443 of 2026) is modified as follows:

                  

23. C.M.A.No.2445 of 2026 has been filed against M.C.O.P.No.3418 of 2021. In this case, the claimant has sustained the following injuries: “RTA with Multiple Injuries”. The claimant underwent treatment as an in-patient for four days. The Medical Board has assessed the disability at 3%.

24. The Tribunal has fixed Rs.7,000/- per percentage and this Court is inclined to fix Rs.10,000/- per percentage considering the fact that the accident had taken place in the year 2021. Accordingly, the compensation under the head of disability is fixed as Rs.30,000/- (Rs.10,000/- x 3%).

25. Considering the nature of injuries sustained, the treatment undergone and the disability certificate issued by the Medical Board, this Court is inclined to enhance the compensation under the head of Pain and Sufferings to Rs.15,000/-, Transportation to Rs.5,000/-, Extra Nourishment to Rs.10,000/-, Attender Charges to Rs.3,000/- and Loss of Amenities to Rs.10,000/-. The compensation under the head of Loss of Earnings is enhanced to Rs.30,000/- (Rs.15,000/- x 2 months).

26. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court.

27. In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.3418 of 2021 (C.M.A.No.2445 of 2026) is modified as follows:

                  

28. C.M.A.No.2446 of 2026 has been filed against M.C.O.P.No.3874 of 2021. In this case, the Tribunal had taken into consideration Ex.P10 and Ex.P11 and found that the claimant had sustained abrasion in the right knee and right ankle. Since no grievous injuries were sustained, the Tribunal has fixed the total compensation at Rs.35,000/- as a lump sum compensation. This Court does not find any ground to enhance the same and the same is confirmed.

29. C.M.A.No.2447 of 2026 has been filed against M.C.O.P.No.4380 of 2021. In this case, the claimant has sustained the following injuries: “CT Facial Bone Fracture in the Middle Wall of the Left Eye Orbit with Soft Tissue Laceration.” The claimant underwent treatment as an in-patient for two days and as an out-patient for nearly six months since it involved an eye injury. The Medical Board had assessed the disability at 3%.

30. The Tribunal has fixed Rs.7,000/- per percentage and this Court is inclined to fix Rs.10,000/- per percentage, considering the fact that the accident had taken place in the year 2021. Accordingly, the compensation under the head of disability is fixed at Rs.30,000/- (Rs.10,000/- x 3%).

31. This Court is also inclined to enhance the compensation under the head of Pain and Sufferings to Rs.50,000/-, Transportation to Rs.5,000/-, Extra Nourishment to Rs.15,000/- and Attender Charges to Rs.5,000/-. This Court is also inclined to enhance the compensation under the head of Loss of Earnings to Rs.45,000/- (Rs.15,000/- x 3).

32. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court.

33. In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.4380 of 2021 (C.M.A.No.2447 of 2026) is modified as follows:

                  

34. C.M.A.No.2455 of 2026 has been filed against M.C.O.P.No.4377 of 2021. In this case, the claimant has sustained the following injuries: “Contusion Right Knee/Ankle Contusion”.

35. The Tribunal after considering the OP chit marked as ExP14 and Ex.P15 found that the claimant did not sustain any grievous injuries in this case. Accordingly, the Tribunal fixed the sum of Rs.35,000/- as a lump sum compensation along with medical expenses and rounded off the total compensation at Rs.37,100/-. This Court does not find any ground to enhance the compensation and the same is confirmed.

36. In the light of the above discussion, the compensation awarded by the Tribunal in M.C.O.P.No.30 of 2022 (C.M.A.No.2426 of 2026) is enhanced to Rs.8,88,000/-, in M.C.O.P.No.5551 of 2021 (C.M.A.No.2441 of 2026) is enhanced to Rs.8,83,573/-, in M.C.O.P.No.4379 of 2021 (C.M.A.No.2443 of 2026) is enhanced to Rs.2,05,275/-, in M.C.O.P.No.3418 of 2021 (C.M.A.No.2445 of 2026) is enhanced to Rs.1,09,500/-, in M.C.O.P.No.3874 of 2021 (C.M.A.No.2446 of 2026) the Tribunal has fixed the total compensation at Rs.35,000/- as a lump sum compensation and the same is confirmed, in M.C.O.P.No.4380 of 2021 (C.M.A.No.2447 of 2026) is enhanced to Rs.1,87,430/- and in M.C.O.P.No.4377 of 2021 (C.M.A.No.2455 of 2026), the Tribunal has fixed the total compensation at Rs.37,100/- as a lump sum compensation and the same is confirmed.

                   (i) The second respondent - Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, if any, together with interest at the rate of 7.5% per annum from the date of claim petitions till the date of deposit to the credit of respective M.C.O.P.Nos.30 of 2022, 5551 of 2021, 4379 of 2021, 3418 of 2021, 3874 of 2021, 4380 of 2021 and 4377 of 2021, on the file of the Motor Accident Claims Tribunal, III Judge, Small Causes Court, Chennai, within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the claimants are entitled to withdraw the same on due application as apportioned by the Tribunal.

                   (ii) Insofar as the enhanced compensation of Rs.1,19,000/- in C.M.A.No.2426 of 2026, the enhanced compensation of Rs.1,85,573/- in C.M.A.No.2441 of 2026, the enhanced compensation of Rs.56,000/- in C.M.A.No.2443 of 2026, the enhanced compensation of Rs.42,100/- in C.M.A.No.2445 of 2026 and the enhanced compensation of Rs.79,400/- in C.M.A.No.2447 of 2026 are concerned, the appellants/claimants will not be entitled for interest for the period of delay of 316 days as was ordered by this Court in C.M.P.No.14428, 14429, 14433, 14467, 14470, 14473 and 14475 of 2026 in C.M.A.Sr.Nos.89240, 89238, 89239, 89241, 89243, 89244 and 89242 of 2026 dated 08.07.2026.

                   (iii) Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. 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 claimants.

37. In the result, the Civil Miscellaneous Appeals are partly allowed. No costs.