Authority: High Court of Judicature at Madras

Order Date: 15 July 2026

Case Overview

  • Appellant: Karthi (auto driver) filed a civil miscellaneous appeal (CMA No.1975 of 2026) under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Special Subordinate Judge, Motor Accidents Claims Tribunal, Salem (MCOP No.735 of 2024 dated 27‑03‑2025).
  • Respondents: 1) Thangavel (driver of offending lorry), 2) M/s. Sri Muthukumar Blue Metals (owner of the lorry), 3) M/s. Shriram General Insurance Co. Ltd (insurance company).
  • Accident: On 08‑12‑2023, while riding as a pillion on a two‑wheeler on Uthiyur‑Thayampalayam road, the appellant’s vehicle was struck by a lorry owned by the second respondent and driven negligently by the first respondent. The lorry ran over the appellant’s right hand, causing crush injury, skin and soft‑tissue loss, circumferential degloving, 2nd metacarpal fracture, STT joint dislocation, and threatened finger viability. The appellant was hospitalized for 11 days. FIR filed (Crime No.148 of 2023) against the driver.
  • Tribunal Award: Total compensation Rs 7,65,589, broken down as: 25% Permanent Disability Rs 2,50,000; Pain & Suffering Rs 75,000; Loss of Amenities Rs 25,000; Loss of Income Rs 75,000; Medical Bills Rs 2,94,589; Transportation Rs 10,000; Extra Nourishment Rs 25,000; Attender Charges Rs 10,000; Damage of cloth Rs 1,000. Interest at 7.5% p.a. to be paid by the insurance company.
  • Appeal: Counsel for appellant (Mr. S.P. Yuaraj) argued that the tribunal misapplied the percentage method for permanent disability and failed to consider functional disability and loss of earning capacity.

Final Outcome

  • The Court applied the multiplier method, assessed functional disability at 25%, and fixed notional monthly income at Rs 17,500, yielding a disability compensation of Rs 12,49,500.
  • The previously awarded Rs 75,000 under “Loss of Income” was deleted.
  • All other heads (pain & suffering, loss of amenities, medical bills, transportation, extra nourishment, attender charges, damage of cloth) were left unchanged.
  • Revised total compensation: Rs 16,90,100 (rounded off).
  • The insurance respondent is directed to deposit the enhanced amount, less any amount already paid, with interest at 7.5% per annum from the date of the claim petition until payment, within six weeks of receipt of the judgment. No interest is payable for the 174‑day delay period. The appellant must pay any deficit court fee, if applicable.

Topics: Compensation, Motor Accident