As per case facts, a petitioner suffered grievous injuries in a motorcycle accident caused by a pickup vehicle. The Tribunal awarded compensation, but both the insurance company (second respondent) and ...
2026:MHC:618C.M.A. NOS.3839 OF 2025 & 90 OF 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
JUDGMENT RESERVED ON : 21 / 01 / 2026
JUDGMENT PRONOUNCED ON : 17 / 02 / 2026
CORAM:
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A. NOS.3839 OF 2025 AND 90 OF 2026
AND
C.M.P. NO.31978 OF 2025 IN C.M.A. NO.3839 OF 2025
C.M.A. NO.3839 OF 2025
The Manager
Reliance General Insurance Company Limited
Sree Lakshmi Complex, 1
st
Floor,
Omalur Main Road, Bharathi Street,
Swarnapuri, Salem – 636 004. ... Appellant /
2
nd
Respondent
Versus
1.Ramamoorthy
Residing at No.31, S.Kurapatty Village,
Sandhanapalli Post, Denkaikottai Taluk,
Krishnagiri District – 635 107. ...1
st
Respondent /
Petitioner
2.K.Sakthivel
Residing at No.346, Mariyamman Kovil Street,
Periyakulam, Melpadur, Chengam,
Tiruvannamalai District – 606 702. ...2
nd
Respondent /
1
st
Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, praying to set aside the Order dated August 16,
Page No.1 of 24
https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
2024 passed in M.C.O.P. No.268 of 2023 on the file of the Motor Accident
Claims Tribunal / Special Subordinate Court, Krishnagiri, by allowing this
Civil Miscellaneous Appeal.
For Appellant : Mr.P.Suresh Srinivasan
For Respondent-1 : Mr.S.P.Yuaraj
For Respondent-2 : R2 was set ex parte before
Tribunal. Hence notice to R2
is dispensed with by this Judgment
C.M.A. NO.90 OF 2026
Ramamoorthy
No.31, S.Kurapatty Village,
Sandhanapalli Post, Denkaikottai Taluk,
Krishnagiri District – 635 107. ...Appellant /
Petitioner
Versus
1.K.Sakthivel
Residing at No.346, Mariyamman Kovil Street,
Periyakulam, Melpadur, Chengam,
Tiruvannamalai District – 606 702. ...1
st
Respondent /
1
st
Respondent
2.The Manager
Reliance General Insurance Co. Limited
Sree Lakshmi Complex, 1
st
Floor,
Omalur Main Road, Bharathi Street,
Swarnapuri, Salem – 636 004. ... 2
nd
Respondent /
2
nd
Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, praying to enhance the compensation amount
awarded in the Fair Order dated August 16, 2024 passed in M.C.O.P.
Page No.2 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
No.268 of 2023 on the file of the Motor Accident Claims Tribunal / Special
Subordinate Court, Krishnagiri, by allowing this Civil Miscellaneous
Appeal.
For Appellant :Mr.S.P.Yuaraj
For Respondent-1 : R1 was set ex parte before Tribunal.
Hence notice to R1 is dispensed
with by this Judgment
For Respondent-2 :Mr.P.Suresh Srinivasan
* * *
COMMON JUDGMENT
R.SAKTHIVEL, J.
Feeling aggrieved by the Award dated August 16, 2024 passed by
'the Motor Accident Claims Tribunal / Special Subordinate Court,
Krishnagiri' ['Tribunal' for short] in M.C.O.P. No.268 of 2023, the second
respondent therein, namely The Manager, Reliance General Insurance
Company Limited, has preferred C.M.A. No.3839 of 2025 seeking to set
aside the Award, while the petitioner therein, namely Ramamoorthy, has
preferred C.M.A. No.90 of 2026 seeking enhancement of compensation.
2. For the sake of convenience, hereinafter, the parties will be
denoted as per their array in the Claim Petition.
Page No.3 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
PETITIONER'S CASE
3. On September 11, 2022, the petitioner was riding his motorcycle
viz., Yamaha YBR bearing Registration No.TN-29-BB-4075. He was
proceeding from Thippachandiram to Rathinagiri Road, near the Diversion
Road adjoining PAJAKA Milk Dairy. At that time, the first respondent's
Pickup vehicle bearing Registration No.TN-25-BR-4989, driven by its
driver from the opposite direction in a rash and negligent manner at a high
speed, lost control and dashed against the petitioner's motorcycle.
3.1. Due to the said impact, the petitioner sustained grievous injuries.
Immediately after the accident, the petitioner was admitted and treated at
the Government Hospital, Denkanikottai and thereafter at SPARSH
Hospital, Bangalore. Even as on the date of petition, the petitioner was
continuing his medical treatment. At the time of the accident, the petitioner
was aged about 24 years and was working as a Catering Master, earning a
sum of Rs.30,000/- per month.
3.2. Pursuant to the accident, a First Information Report (F.I.R.) in
Crime No.226 of 2022 was registered for the offences under Sections 279
and 337 of the Indian Penal Code, 1860, on the file of Denkanikottai Police
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
Station, Krishnagiri District against the driver of first respondent's Pickup
vehicle.
3.3. According to the petitioner, the accident occurred solely due to
the rash and negligent driving of the driver of the said Pickup vehicle.
Hence, the respondents, being owner and insurer of the offending Pickup
vehicle respectively, are jointly and severally liable to compensate the
petitioner for the injuries sustained by him. Accordingly, the petitioner has
filed the present claim petition seeking a compensation of Rs.35,00,000/-
(Rupees Thirty-Five Lakhs only).
FIRST RESPONDENT'S CASE:
4. Despite notice to the first respondent, he did not choose to contest
the Claim Petition and hence he was called absent and set ex-parte by the
Tribunal.
SECOND RESPONDENT’S CASE:
5. The second respondent filed a counter statement contending that
the accident occurred solely due to the rash and negligent riding of the
petitioner himself. According to the second respondent, the petitioner was
riding his motorcycle without holding a valid driving licence and without
Page No.5 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
wearing a helmet. It is further contended that the petitioner rode the
motorcycle at a high speed in a junction road, lost control of the vehicle,
and dashed against the alleged offending vehicle belonging to the first
respondent, thereby inviting the accident. The second respondent further
denied the other petition averments and contended that the petitioner is put
to strict proof of the same. On these grounds, the second respondent /
insurance company sought for dismissal of the Claim Petition.
TRIBUNAL
6. At trial, on the side of the petitioner, the petitioner examined
himself as P.W.1 and Ex-P.1 to Ex-P.12 were marked. On the side of the
respondents, no witness was examined, but Motor Vehicle Inspection
Report [M.V.I. Report] of the two wheeler the petitioner was riding, was
marked as Ex-R.1. The Report issued by the Medical Board was marked as
Ex-C.1.
7. The Tribunal, after considering the oral and documentary
evidence available on record, came to the conclusion that the accident
occurred due to the rash and negligent driving of the driver of the Pickup
vehicle, belonging to the first respondent and insured with the second
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
respondent / insurance company at the material point of time. Accordingly,
the Tribunal held that the second respondent / insurance company alone is
liable to pay compensation to the petitioner and awarded a sum of
Rs.25,20,000/- (Rupees Twenty-Five Lakhs Twenty Thousand only) as
compensation to the petitioner, as detailed in the tabulation hereunder:
S.No. Head Amount
1Future loss of earning capacityRs.12,70,000/-
2Medical expenses Rs.9,01,300/-
3Pain and suffering Rs.1,00,000/-
4Transportation expenses Rs.72,000/-
5Additional nourishment Rs.15,000/-
6Damages to the cloths Rs.1,700/-
7Attender charges Rs.10,000/-
8Loss of amenities Rs.1,00,000/-
9Future medical expenses Rs.50,000/-
Total compensation Rs.25,20,000/-
8. Dissatisfied with the Award, the second respondent / insurance
company has preferred C.M.A. No.3839 of 2025 seeking to set aside the
same. Seeking enhancement of compensation, the petitioner has preferred
C.M.A. No.90 of 2026.
Page No.7 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
ARGUMENTS
9. Mr.S.P.Yuaraj, learned Counsel for the appellant in C.M.A. No.90
of 2026 / first respondent in C.M.A. No.3839 of 2025 / petitioner
submitted that the petitioner being a Catering Master, aged 24 years at the
time of accident, was unable to perform his job as well as his day-to-day
activities because of the accident. The petitioner was admitted in the
Hospital multiple times as an in-patient. The petitioner underwent multiple
surgeries. The petitioner sustained crush injury with absent distal
vascularity - right lower limb, near total amputation of right middle finger
and ring finger with fracture distal phalanx, right distal femur communited
fracture, right proximal tibia fracture with open wound type III C, post
traumatic raw right lower limb, right distal femur comminuted displaced
fracture, right proximal tibia comminuted fracture, along with several other
grievous injuries all over the body.
9.1. It was further contended that the Medical Board assessed the
disability of the petitioner at 60% permanent partial disability and issued
its report dated April 5, 2024, marked as Ex-C.1. The fact that the accident
occurred in the year 2022, and that the petitioner continues to suffer from
60% functional disability even in 2024, clearly and unequivocally
Page No.8 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
demonstrates the grievous nature of the injuries sustained and the
permanent character of the disability.
9.2. It was further contended that the Tribunal failed to adequately
consider the pain and suffering as well as the mental trauma underwent by
the petitioner at the young age of 23 years (at the time of the accident), and
the continuing nature of such suffering. The petitioner continues to
experience persistent pain owing to the grievous injuries sustained.
Accordingly, the learned Counsel prayed to allow the appeal in C.M.A.
No.90 of 2026, dismiss that in C.M.A. No.3839 of 2025 and enhance the
Award amount, taking into consideration all the relevant and attendant
factors.
10. On the other hand, Mr.P.Suresh Srinivasan, learned Counsel
appearing for the appellant in C.M.A. No.3839 of 2025 / second
respondent in C.M.A. No.90 of 2026 / second respondent in Claim Petition
/ insurance company, contended that the compensation awarded by the
Tribunal is excessive and arbitrary. It was submitted that there was no
negligence on the part of the driver of the first respondent's Pickup vehicle.
The initial burden of proof lies upon the petitioner to establish the alleged
negligence of the first respondent’s driver; however, the petitioner has
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
failed to discharge the said burden. It was further contended that the
petitioner did not examine any independent ocular witness to the
occurrence. In the absence of such proof, the Tribunal was not justified in
attributing negligence on the first respondent's driver. The learned Counsel
also assailed the Tribunal’s approach in fixing the notional income at
Rs.12,000/- per month and in adding 40% towards future prospects, as
baseless. Accordingly, the learned Counsel prayed to allow C.M.A.
No.3839 of 2025 and dismiss C.M.A. No.90 of 2026 and set aside the
Award passed by the Tribunal.
DISCUSSION
11. This Court has heard the submissions made on either side and
perused the materials available on record. Respondent No.1-K.Sakthivel
was set ex parte before Tribunal. Considering the facts and circumstances
of the case, this Court is of the view that notice to Respondent No.1 is not
necessary. Therefore, notice to Respondent No.1 is dispensed with by this
Court.
12. This Court has perused Ex-P.1 - F.I.R. marked on behalf of the
petitioner. It was registered against the driver of the first respondent's
Pickup vehicle. The petitioner / injured entered the witness box as P.W.1
Page No.10 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
and deposed in line with the manner of accident as stated in the Claim
Petition. He deposed that the first respondent's Pickup van which was
approaching from the opposite direction dashed against his motorcycle and
caused the accident. He being the victim is a competent person to depose
about the manner of accident. His evidence coupled with Ex-P.1 - F.I.R.,
prima facie proves his case qua manner of accident.
13. Though the second respondent contended that the accident
occurred when the petitioner attempted to negligently cross the road in his
motorcycle, the said contention remained unsubstantiated as no evidence
was let in to support the same. No rough sketch was marked on the side of
second respondent. Neither the driver of first respondent's Pickup vehicle
nor any ocular witness was examined on the part of the second respondent.
14. Yet another contention of the second respondent is that the
petitioner did not possess a valid driving licence at the time of accident.
The second respondent would go on to contend that the petitioner, holding
no valid driving licence, contributed to the accident. To support the same,
Ex-R.1 - M.V.I. Report of petitioner's motorcycle has been marked. From
Ex-R.1, it could be seen that the driving licence of the petitioner was not
produced before the vehicle inspector / author of Ex-R.1, and the same is
Page No.11 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
not conclusive proof that the petitioner did not have a valid licence. In the
first place, though the petitioner did not produce his driving licence before
the vehicle inspector or the Court, the burden to prove that the petitioner
did not possess a valid driving licence at the time of accident is upon the
second respondent who set up the said defence. The second respondent has
not let in any evidence to substantiate its defence. The second respondent
could have very well examined the Regional Transport Officer [RTO] or
anyone from the office of RTO to prove its defence, but it has failed to do
so. Secondly, even while operating under the assumption that the second
respondent has proved its defence that the petitioner did not have a valid
driving licence at the time of accident, the same does not, as such, mean he
contributed to the accident. The second respondent must establish that the
petitioner was riding rashly and negligently in order to invoke the principle
of contributory negligence. At this point, this Court would like to refer to
the Judgment of Hon'ble Supreme Court in Sudhir Kumar Rana -vs-
Surinder Singh, reported in (2008) 12 SCC 436, which was subsequently
followed in Dinesh Kumar -vs- National Insurance Co. Ltd., reported in
(2018) 1 SCC 750. Relevant extract of Sudhir Kumar Rana's Case reads
thus:
"9.If a person drives a vehicle without a licence,
he commits an offence. The same, by itself, in our
Page No.12 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
opinion, may not lead to a finding of negligence as
regards the accident. It has been held by the courts
below that it was the driver of the mini truck who was
driving rashly and negligently. It is one thing to say
that the appellant was not possessing any licence but
no finding of fact has been arrived at that he was
driving the two-wheeler rashly and negligently. If he
was not driving rashly and negligently which
contributed to the accident, we fail to see as to how,
only because he was not having a licence, he would be
held to be guilty of contributory negligence.
10. The matter might have been different if by
reason of his rash and negligent driving, the accident
had taken place."
15. Thus, the legal position is clear that non-holding of a valid
driving licence is itself cannot be ground for mulcting the petitioner for
contributory negligence. In view of the legal position and also in view of
the fact that the second respondent failed to discharge its burden to prove
its defence, the contention of second respondent qua the petitioner lacking
a valid driving licence at the material point of time, does not hold up under
scrutiny.
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
16. As discussed above, the uncontroverted evidence of P.W.1 and
Ex-P.1 - F.I.R. proves that the accident occurred due to the rash and
negligence on the part of the driver of first respondent's Pickup van. The
second respondent is the insurer of the offending vehicle under Ex-P.2 -
Insurance Policy which is valid from November 10, 2021 to November 9,
2022; Ex-P.2 was valid and in force on the date of accident, being
September 11, 2022. Hence, the respondents 1 and 2 are jointly and
severally liable to compensate the petitioner, as rightly held by the
Tribunal.
17. As regards quantum of compensation, the Tribunal found that the
petitioner was engaged in catering work and there is no serious dispute
with respect to the said finding before this Court. Upon perusal of the
Award and the evidence available on record, this Court finds that the
Tribunal was not justified in fixing the functional disability at 35%, when
the Medical Board duly constituted has assessed the petitioner's disability
as 60% partial permanent disability vide the Disability Certificate in Ex-
C.1. For ease of reference, the contents of the Disability Certificate issued
by the Medical Board are extracted below:
Page No.14 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
"DISABILITY CERTIFICATE
14.Nature of functional
disability, if applicable
(bray;ghl;L ,ayhikapd;
jd;ik/ bghUe;jpdhy;
kl;Lk;)
a. Specify the functional
disability
(bray;ghl;L ,ayhikiaf;
Fwpg;gplt[k;)
Post traumatic
stiffness (R) knee
ankle with
Arthiritis /
deformity (R) leg
b. Specify the cause of
functional disability
(bray;ghl;L ,ayhikf;fh
d fhuzj;ijf;
Fwpg;gplt[k;)
RTA
c. Percentage of functional
disability
(bray;ghl;L ,ayhik
rjtPjk;)
60% (Sixty
Percentage)
(Partial Permanent)
i. does disability affect day to
day life?
(,ayhik md;whl
thH;f;ifia ghjpf;fpwjh?)
Yes
ii. does disability affect
earning capacity with regard
to the occupation ?
(,ayhik bjhHpiyg;
bghWj;jtiuapy;
rk;ghjpf;Fk; jpwid
ghjpf;fpwjh?)
Yes
Page No.15 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
iii. Whether there is scope
for the disability being
reduced?
(,ayhik
Fiwf;fg;gLtjw;fhd
tha;g;g[ cs;sjh?)"
Nil
18. It could be seen from Ex-C.1 that the petitioner has been
suffering from reduced movements, arthritis in right ankle and stiffness in
right knee. The accident occurred on September 11, 2022 and Ex-C.1 -
Disability Certificate is dated April 5, 2024. The fact that the petitioner
was suffering from 60% partial permanent disability even after about two
years from accident, shows the grievous nature of injuries. Further, being a
Catering Master could be a physically demanding and time sensitive job. It
involves standing for long hours, lifting and mobilising moderate to heavy
loads and also constant supervision across the food preparation area and in
some cases, even the serving area. To be noted, the petitioner is not
involved in a large scale organised catering, where there would be more
scope for delegation and consequently, reduced physical strain for him.
Being a small scale caterer, his direct physical involvement is necessary.
Considering the avocation of the petitioner as a Catering Master and in
view of the grievous injuries sustained by the petitioner, which would
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
substantially hinder his working efficiency and affect his earning capacity
in his chosen profession, this Court assesses the petitioner's disability at
60% functional disability. The Tribunal is not justifiable in considering his
functional disability at 35%.
19. As regards the income of the petitioner, as no sufficient evidence
was adduced on the petitioner's side to substantiate his alleged income of
Rs.30,000/-, the Tribunal went on to fix his monthly income at Rs.12,000/-
[annual income at Rs.1,44,000/-] notionally, by taking into consideration
cost inflation index and money value. Bearing in mind the age and
avocation of the petitioner, as well as the then prevailing price index, this
Court is of the view that the petitioner would have earned not less than
Rs.12,000/- to maintain himself and support his family members. In the
absence of direct evidence, the Tribunal is right in fixing his monthly
income notionally at Rs.12,000/-.
20. Based on Ex-P.9 - Aadhar Card of petitioner, the Tribunal found
that the petitioner was born on July 10, 1999 and held that he was aged 23
years at the time of accident. The Tribunal rightly applied 40% towards
future prospects and adopted the multiplier of 18, which are in tune with
Judgments of Hon'ble Supreme Court in Sarla Verma -vs- Delhi Transport
Page No.17 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
Corporation, reported in (2009) 6 SCC 121 and National Insurance
Company Limited -vs- Pranay Sethi, reported in (2017) 16 SCC 680.
However, as stated supra, the Tribunal ought to have considered the
petitioner's functional disability at 60% bearing in mind the nature of his
avocation as well as Ex-C.1. When functional disability is considered at
60%, compensation towards 'future loss of earning capacity' comes to
Rs.21,77,280/-.
21. That apart, as per the discharge summaries and medical records
in Ex-P.3 to Ex-P.7, it could be seen that the petitioner obtained treatment
as an in-patient in two different hospitals in multiple stints, for about 20
days in total, within a span of one year from the date of accident. Further, it
could be seen that he suffered severe and grievous injuries in his right leg
and that his right middle finger suffered injuries to the extent of near
amputation. Keeping in mind these facts, this Court is of the view that the
compensation of Rs.1,00,000/- towards pain and sufferings is justifiable.
22. The compensation awarded under the head of medical expenses
is based on the Medical Bills found in Ex-P.12. Similarly, transportation
expenses awarded is also based on the transportation bills in Ex-P.11.
Further, the Tribunal, having considered the petitioner’s grievous injuries,
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
post-traumatic stiffness, the Medical Board’s observation in Ex-C.1
regarding the removal of medical implants and the petitioner’s arthritis,
awarded a sum of Rs.50,000/- towards future medical expenses, and this
Court finds no reason to interfere with the same.
23. Further, Ex-C.1 - Disability Certificate shows that there is no
scope for the petitioner's disability being reduced. As stated above, the
petitioner was facing difficulty in movements at time of medical
examination which was about two years after the accident. The said fact
shows that the petitioner suffers from loss of certain amenities. Further, in
view of the grievous injuries sustained and its lasting effects on the
petitioner's mobility, his marital prospects is also slightly affected. Hence,
this Court is of the view that the compensation of Rs.1,00,000/- awarded
under the head of loss of amenities is reasonable. The compensation
awarded by the Tribunal under the other heads namely extra nourishment,
damages to clothes and attender charges, also are also reasonable.
Page No.19 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
CONCLUSION
24. In view of the foregoing narrative, the petitioner is entitled to
compensation as tabulated below :
S.
No.
Head
Amount
awarded by
the Tribunal
Amount
re-quantified
by this Court
Status
1Future loss of earning
capacity
[Rs.12,000/-(NI)X 40%
(FP) = Rs.16,800/-;
Rs.16,800 X 60/100 X 18
(M) X 12(m)
Rs.12,70,000/-Rs.21,77,280/-Enhanced
2Medical expenses Rs.9,01,300/-Rs.9,01,300/-Confirmed
3Pain and suffering Rs.1,00,000/-Rs.1,00,000/-Confirmed
4Transportation expensesRs.72,000/-Rs.72,000/-Confirmed
5Additional nourishmentRs.15,000/-Rs.15,000/-Confirmed
6Damages to the clothes Rs.1,700/-Rs.1,700/-Confirmed
7Attender charges Rs.10,000/-Rs.10,000/-Confirmed
8Loss of amenities Rs.1,00,000/-Rs.1,00,000/-Confirmed
9Future medical expensesRs.50,000/-Rs.50,000/-Confirmed
Total compensation Rs.25,20,000/-Rs.34,27,280/-Enhanced
Note:1) NI = Notional Income
2) FP = Future Prospects
3) M = Multiplier
4) m = Months
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
25. Therefore, the appellant in C.M.A. No.3839 of 2025 / second
respondent in C.M.A. No.90 of 2026 / insurance company is directed to
deposit the modified award amount of Rs.34,27,280/- [Rupees Thirty
Four Lakhs Twenty Seven Thousand Two Hundred and Eighty only]
along with interest at the rate of 7.5% per annum from the date of claim
petition till the date of deposit, to the credit of M.C.O.P. No.268 of 2023 on
the file of the Motor Accidents Claims Tribunal, Special Subordinate
Court, Krishnagiri, less the amount if any already deposited, within a
period of eight (8) weeks from the date of receipt of copy of this Judgment.
In all other aspects, the Award of the Tribunal shall hold good.
26. Resultantly,
(i)C.M.A.No.3839 of 2025 filed by the Insurance Company is
dismissed.
(ii)C.M.A.No.90 of 2026 filed by the petitioner / claimant is
allowed in part with proportionate costs throughout, as detailed
above.
(iii)Considering the facts and circumstances of the case, there shall
be no order as to costs in C.M.A. No.3839 of 2025.
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C.M.A. NOS.3839 OF 2025 & 90 OF 2026
(iv)Consequently, connected Civil Miscellaneous Petition is closed.
[N.S.K., J.] [R.S.V., J.]
17 / 02 / 2026
Index : Yes / No
Neutral Citation: Yes / No
Speaking Order : Yes / No
TK
Page No.22 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
To
The Motor Accident Claims Tribunal /
Special Subordinate Court,
Krishnagiri
Page No.23 of 24 https://www.mhc.tn.gov.in/judis
C.M.A. NOS.3839 OF 2025 & 90 OF 2026
N.SATHISH KUMAR, J.
AND
R.SAKTHIVEL, J.
TK
PRE-DELIVERY COMMON JUDGMENT MADE IN
C.M.A. NOS.3839 OF 2025 AND 90 OF 2026
17 / 02 / 2026
Page No.24 of 24 https://www.mhc.tn.gov.in/judis
Legal Notes
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