CMA/3173/2025 of G.Ravichandran (Died) 1.Sumathi R Vs The Managing Director
C.M.A.Nos.3173 & 3174 of 2025
` IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 11.02.2026
Pronounced on : 24.04.2026
CORAM
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKA V ADI
C.M.A.Nos.3173 and 3174 of 2025
G. Ravichandran (since died)
1. Sumathi, R.
2. Vijayalakshmi, R.
3. Sowndhariya, R.
Ambika (died) …Appellants in C.M.A. No.3173/2025
Cause title accepted vide Court order dated 13.06.2025 made in
CMP No.12923/25 in CMA Sr. No.67586/2024
T. Purushothaman …Appellant in C.M.A. No.3174/2025
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division I) Limited,
Railway Station New Road,
Kumbakonam 612 001 ...Respondent in both the appeals
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
173 of Motor Vehicles Act,1988, against the Common Award dated
18.02.2022 made in M.C.O.P. Nos.3970 and 3969 of 2014 on the file of the
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Motor Accident Claims Tribunal, Cuddalore (in the Court of I Additiona l Sub
Judge, Cuddalore).
Appearance in both the appeals
For Appellant : Mr.F. Terry Chella Raja
For Respondent : No appearance
COMMON JUDGMENT
These appeals, under Section 173 of Motor Vehicles Act, have been
filed by the appellant/petitioner for enhancement of the sum awarded in the
Common Award dated 18.02.2022 made in M.C.O.P. Nos.3970 and 3969 of
2014 on the file of the I Additional Sub Judge, Motor Accident Claims
Tribunal, Cuddalore.
2. For the sake of convenience, the parties are referred to as pe r their
ranking in the Tribunal.
3. Shortly stated, on 14.08.2014, at about 1.45 a.m, when the appellant /
petitioner in both the MCOPs were travelling in the respondent Bus bea ring
Registration No. TN-68-N-0633, near Azhangal bridge, the driver of the bus
drove the bus at a very high speed, in a rash and negligent manner, wi thout
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C.M.A.Nos.3173 & 3174 of 2025
following the traffic rules, as a result of which, both the peti tioners were
thrown inside the bus and sustained grievous injuries. They preferred claim
petitions before the Motor Accident Claims Tribunal, Cuddalore, in MCOP
No. 3969/2014 (filed by T. Purusothaman) and MCOP No.3970/2014 (filed by
G. Ravichandran) seeking compensation of Rs.10,00,000/- and Rs.25,00,000/-
respectively.
4. The Claim petitions were resisted by the respondent / Transport
Corporation by stating that the driver of the respondent bus drove it with due
care and caution observing traffic rules from Chennai to Kumbakona m.
According to the respondent, near Koliyanur Cross Road, since the road in
that stretch was in a very poor condition with potholes, the bus was jolting.
Since the petitioners were not holding the handle, they fell down into the bus.
Except the petitioners, nobody was injured in the bus. According to the
respondent, the petitioners alone were responsible for the accident and hence,
the respondent / Transport Corporation is not liable to pay any compensat ion
to the petitioners.
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C.M.A.Nos.3173 & 3174 of 2025
5. The Claims Tribunal framed necessary issues and came to the
conclusion that the accident occurred due to the negligence of the driver of the
respondent bus and directed the respondent to pay a compensation of
Rs.9,27,865/- to the petitioner in MCOP No.3969/2014 and a sum of
Rs.11,08,200/- to the petitioner in MCOP No.3970/2014 together with interest
at the rate of 7.5% per annum from the date of the claim petition till the date of
realisation.
6. Seeking enhancement of compensation awarded by the Tribunal, the
present Civil Miscellaneous Appeals are filed by the petitioner in both the
MCOPs.
7. The learned counsel for the appellant would contend that, the
petitioner in MCOP No.3970 of 2014 was working as a Technician at Neyveli
Lignite Corporation and was earning Rs.47,000/- per month. The Tribunal
failed to award compensation for the injured under the head of loss of income
in spite of producing Ex.P18 Salary Reduction and De-promotion report,
which clearly shows that the petitioner has lost Rs.20,000/- per month due to
the injury and disability arising out of the accident. He would further submit
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C.M.A.Nos.3173 & 3174 of 2025
that the injured was assessed with 80% disability for the whole body and lost
his earning capacity and hence, the Tribunal ought to have adopted mult iplier
method for determining his loss of earning capacity instead of per pe rcentage
method.
7.1. The learned counsel would further submit that the petitioner in
MCOP No. 3969 of 2014 was a manufacturer of chamber bricks and
agriculturist earning a sum of Rs.20,000/- per month. However, the Tribunal
fixed the notional monthly income of the petitioner as Rs.7,200/- and awarde d
loss of income for the period of 5 months. It is further submitted tha t the
petitioner has completely lost his earning capacity and that the Tribunal has
not considered the same in awarding just compensation towards loss of
earning capacity. Further, the Tribunal failed to award compensation under the
head of future medical expenses, damages, disfigurement and loss of
expectation of life to the petitioner in the both the MCOPs and al so awarded
very meagre amount under the other heads.
8. Despite notice, there is no representation on the side of the
respondent / Transport Corporation.
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C.M.A.Nos.3173 & 3174 of 2025
9. Heard on both sides. Records perused.
C.M.A. NO.3173 OF 2025
10. According to the learned counsel for the appellant, the petitioner
in MCOP No.3970 of 2014 sustained D11-L3 stabilisation with Paraperesis,
Mollvscum contagiosum skin lesion, L1 compression fracture with paraplegia,
lacerated wound on the head 10x2 cm and other multiple grievous injuries all
over the body and after accident, he has taken in-patient treatment for 110
days in six spells in Apollo Hospital. The Medical Board has assessed his
disability as 80%. Considering the nature of injuries and the total num ber of
inpatient treatment, the Tribunal ought to have adopted multiplier m ethod for
granting compensation towards disability.
10.1. Since the Petitioner is a Grade III Technician in Neyveli Li gnite
Corporation, there is no loss of salary or reduction of salary. Henc e, the
Tribunal has not adopted multiplier method and also not awarded
compensation towards temporary loss of income, which warrants any
interference. Hence, the award passed by the Tribunal, warrants any
interference. Accordingly, CMA No.3173 of 2025 is dismissed.
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C.M.A.Nos.3173 & 3174 of 2025
CMA No.3174 of 2025
11. According to the learned counsel for the appellant, the petitioner in
MCOP No. 3969 of 2014 was a manufacturer of chamber bricks and
agriculturist earning a sum of Rs.20,000/- per month, however, the Tribunal
fixed the notional monthly income of the petitioner as Rs.7,200/- and awarde d
loss of income for the period of 5 months and that the Tribunal has not
awarded just compensation towards loss of earning capacity.
11.1. Considering the year of accident, this Court deems it appropriate
to fix the notional monthly income of the petitioner as Rs.9,000/-. Accordingly
a sum of Rs.9,45,000/- (9000 + 2250 (25% future prospect) x 12 x 14 x
50/100) towards partial permanent disability and sum of Rs.45,000/- is
awarded towards temporary loss of income for a period of 5 months. Fur ther,
the petitioner has not substantiated that he requires further treat ment for the
injuries sustained by him. Hence, the compensation awarded by the Tri bunal
under the other heads are just and reasonable.
11.2.The following tabular column would show the amount awarded by
the Tribunal and the enhanced amount awarded by this Court.
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C.M.A.Nos.3173 & 3174 of 2025
S.
No.
Description Amount
awarded by
Tribunal
(Rs.)
Amount
awarded by
this Court
(Rs.)
Award confirmed /
enhanced/granted
1. Partial
Permanent
Disability
7,56,000/- 9,45,000/- Enhanced
2. Transportation 10,000/- 10,000/- confirmed
3. Extra
nourishment
10,000/- 10,000/- confirmed
4. Attender's
charges
10,000/- 10,000/- confirmed
5. Pain and
sufferings
40,000/- 40,000/- confirmed
6. Medical
expenses
35,865/- 35,865/- confirmed
7. Loss of
Amenities
30,000/- 30,000/- Confirmed
8. Temporary Loss
of income
36,000/-
(7,200 x 5
months)
45,000/-
(9000x5
months
Enhanced
Total 9,27,865/- 11,25,865/- Enhanced by
Rs.1,98,000/-
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12. In the result,
C.M.A. NO. 3173 OF 2025
Dismissed. No costs.
C.M.A. NO. 3174 OF 2025
i. Partly allowed. No costs.
ii.The compensation awarded by the Tribunal is enhanced to 11,25,865/-
from Rs.9,27,865/-.
iii.The appellant / claimant is directed to pay court fee for the enhanced
compensation amount, if any, and the Registry is directed to draft the
decree only after receipt of Court fee.
iv.The respondent / Transport Corporation is directed to deposit the
enhanced compensation amount as stated above (less the amount
already deposited) together with interest at the rate of 7.5% per a nnum
from the date of claim petition till the date of deposit, to t he credit of
M.C.O.P. No.3969 of 2014 on the file of the Motor Accident Claims
Tribunal, Cuddalore (in the Court of I Additional Sub Judge,
Cuddalore). within a period of four weeks from the date of receipt of a
copy of this order/uploading of this order.
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C.M.A.Nos.3173 & 3174 of 2025
v.The appellant/claimant is not entitled to claim any interest f or the default
period, if any, in filing this appeal.
vi.On such deposit being made, the appellant/claimant is at liberty to
withdraw the same, after following due process of law.
24.04.2026
bga
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
To
1. I Additional Sub Judge, Motor Accident Claims Tribunal, Cuddalore.
2. The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division I) Limited,
Railway Station New Road,
Kumbakonam 612 001
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C.M.A.Nos.3173 & 3174 of 2025
K.GOVINDARAJAN THILAKA V ADI, J.
bga
Pre-delivery Common judgment in
C.M.A.Nos.3173 and 3174 of 2025
24.04.2026
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