(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 10.04.2026 made in M.C.O.P.No.7978 of 2013, on the file of Motor accident claims Tribunal (In the III Court of Small Causes, Chennai).)
1. The minor claimant, who is represented by his father, namely, Arumugam, has preferred this Civil Miscellaneous Appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, III Small Causes Court, Chennai, in M.C.O.P.No.7978 of 2013 dated 10.04.2026.
2. According to the claimant, on 25.10.2013 at about 06.00 hours, when the claimant was riding his cycle at Raja Annamalai Road, near M.S.P.Mahal, Purasawalkam, Chennai, proceeding from north to south, a motorcycle bearing Reg.No.TN 05 AT 8066 proceeding in the same direction was driven by its rider in a rash and negligent manner and dashed against the claimant’s cycle, due to which, the claimant sustained grievous injuries. The first respondent is the owner of the motorcycle and the second respondent is the insurer of the motorcycle.
3. The second respondent/Insurance Company has filed a counter statement denying the manner of accident and also denied the age, income, period of treatment, medical expenses, income and nature of injury. It is also stated that the accident had occurred due to rash and negligent act of the injured claimant.
4. On behalf of the claimant, the claimant himself was examined as P.W.1 and Ex.P1 to Ex.P5 were marked. On the side of the second respondent, no witness was examined and no document was marked. The Disability Certificate issued by the Medical Board was marked as Ex.C1.
5. On appreciation of evidence adduced on either side, the Tribunal held that considering the evidence of P.W.1 and the fact that a criminal case was registered against the rider of the first respondent’s motorcycle which was marked as Ex.P1/FIR, the accident had happened due to rash and negligent driving of the rider of the motorcycle. With regard to the quantum of compensation, as per Ex.C1/Disability Certificate, the disability of the appellant/claimant was assessed as 6% by the Medical Board and by applying the ratio laid down by this Court in the case of M.Chinnathambi vs. S.Deepa and another reported in 2020 (1) TNMAC 617, the Tribunal has fixed a sum of Rs.3,000/- for each percentage of disability and the following compensation was awarded under various heads:-
| Sl.No. | Heads of compensation | Amount |
| 1. | Permanent Disability | Rs.18,000/- |
| 2. | Pain and Sufferings | Rs.15,000/- |
| 3. | Extra Nourishment | Rs.10,000/- |
| 4. | Medical Expenses | Rs.5,000/- |
| 5. | Attender Charges | Rs.5,000/- |
| 6. | Transportation Expenses | Rs.5,000/- |
| 7. | Loss of Amenities | Rs.10,000/- |
| 8. | Damages to cloth | Rs.3,000/- |
| Total | Rs.71,000/- |
7. The learned counsel appearing for the appellant/claimant would submit that the Tribunal has erred in awarding a sum of Rs.18,000/- under the head of permanent disability, against the claim of Rs.2,00,000/-, despite the Disability Certificate issued by the Medical Board marked as Ex.C1, which clearly indicates the permanent disability of the claimant as 6%. The Tribunal failed to adopt the multiplier method and the compensation awarded under other heads is also very meager and the same has to be enhanced.
8. Per contra, the learned counsel appearing for the second respondent/Insurance Company would submit that the accident took place on 25.10.2013 and the Medical Board has assessed the disability of the claimant as 6% and issued Disability Certificate. Considering the nature of injuries and by applying the ratio laid down in M.Chinnathambi’s case as stated supra, the Tribunal has rightly fixed a sum of Rs.3,000/- for each percentage of disability and awarded compensation under the other heads which is just and proper and there is no ground available to enhance the compensation.
9. This Court considered the rival submissions made on either side and perused the materials available on record.
10. There is no dispute with regard to the manner of accident and the negligence fixed on the part of the rider of the first respondent’s motorcycle. According to the claimant, he was aged about 13 years and was studying 8th standard and also doing work of Aavin milk delivery and was earning a sum of Rs.3,000/- per month at the time of accident. It is seen from the records that the claimant was referred to the Medical Board and the Medical Board has assessed the disability of the claimant as 6% and issued the Disability Certificate which was marked as Ex.C1.
11. A perusal of Ex.C1 reveals that the claimant has sustained post traumatic sequelae left upper limb, distal 3rd both bone fracture left forearm conservative management and the disability of the claimant was assessed as 6%. It is relevant to note that the appellant/claimant has not sustained functional disability. In the absence of any functional disability, the Tribunal has rightly adopted percentage method and fixed a sum of Rs.3,000/- for each percentage of disability by applying the ratio laid down by this Court in M.Chinnathambi’s case as stated supra and it does not require any interference by this Court.
12. As per Ex.P2/Accident Register and Ex.P3/out-patient records issued by the Government General Hospital, Chennai, it is clear that the injured/claimant has taken treatment in the Hospital as out-patient for one day on 25.10.2013. Taking into consideration the injuries sustained by the appellant/claimant and the treatment taken by the appellant/claimant, a sum of Rs.15,000/- awarded under the head of pain and sufferings is meager and the same is enhanced to Rs.25,000/-. It is to be noted that the Tribunal has awarded a sum of Rs.10,000/- under the head of Extra-nourishment for speedy recovery which is not proper and hence, this Court is inclined to enhance the same to Rs.25,000/-. The compensation awarded under other heads are just and proper and it does not require any interference by this Court. Accordingly, the compensation awarded by the Tribunal is modified as hereunder:-
| S.No | Head of Compensation | Amount awarded by the Tribunal (Rs) | Amount awarded by this Court (Rs) |
| 1. | Permanent Disability | Rs.18,000/- | Rs.18,000/- |
| 2. | Pain and Sufferings | Rs.15,000/- | Rs.25,000/- |
| 3. | Extra Nourishment | Rs.10,000/- | Rs.25,000/- |
| 4. | Medical Expenses | Rs.5,000/- | Rs.5,000/- |
| 5. | Attender Charges | Rs.5,000/- | Rs.5,000/- |
| 6. | Transportation Expenses | Rs.5,000/- | Rs.5,000/- |
| 7. | Loss of Amenities | Rs.10,000/- | Rs.10,000/- |
| 8. | Damages to cloth | Rs.3,000/- | Rs.3,000/- |
| Total | Rs.71,000/- | Rs.96,000/- |