Selvi Compensation Enhanced to Rs 28.62 Lakh

Authority: High Court of Judicature at Madras

Order Date: 08.07.2026

Parties: Appellant Selvi (claimant) vs. 1) S. Rajakumari, M/s. Bargi Chemicals Pvt. Ltd.; 2) The United Insurance Co., Ltd. (respondent).
Nature of Proceeding: Civil Miscellaneous Appeal (CMA No.522 of 2024) under Section 173 of the Motor Vehicles Act, challenging the award of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Thiruvarur (MCOP No.18 of 2019 dated 26.07.2019).
Background: On 06.11.2017, while walking on the left side of the road, Selvi was struck by a bus driven rashly and negligently. She sustained grievous injuries, was hospitalized at Thanjavur Medical College & Hospital (06‑11‑2017 to 09‑11‑2017) and later at a private nursing home (10‑11‑2017 to 01‑12‑2017). The left leg was amputated below the knee. FIR registered against the driver (Crime No.318 of 2017).
Tribunal Award: The Tribunal found the driver negligent, noted 65% disability, applied the multiplier method and fixed total compensation of Rs 9,00,128 under the following heads:

| Head | Amount (Rs.) |

| Partial Permanent Disability | 7,02,000 |

| Pain and Sufferings | 20,000 |

| Extra Nourishment | 10,000 |

| Loss of Convenience | 10,000 |

| Medical Expenses | 1,58,128 |

| Total | 9,00,128 |

The award included interest at 7.5% per annum.
Selvi appealed for enhancement, arguing the notional monthly income of Rs 6,000 was unrealistically low for a 38‑year‑old agriculturist.

The Court fixed a notional monthly income of Rs 16,000 (higher than the Tribunal’s Rs 6,000) and recalculated permanent disability compensation as:
Rs 23,100 (derived from Rs 16,500 + 40%) × 12 months × 15 years × 65/100 = Rs 27,02,700.
Considering inpatient treatment of more than twenty days and the below‑knee amputation, the Court enhanced:
Pain and Sufferings to Rs 1,00,000.
Extra Nourishment to Rs 25,000.
Attender Charges to Rs 20,000.
Transportation Charges to Rs 15,000.
Revised compensation schedule:

| Head | Amount (Rs.) |

| Loss of Dependency/Future loss of income | 27,02,700 |

| Pain and Sufferings | 1,00,000 |

| Extra Nourishment | 25,000 |

| Transport | 15,000 |

| Attender Charges | 20,000 |

| Total | 28,62,700 |

The Tribunal’s award of Rs 9,00,128 is enhanced to Rs 28,62,700.
The United Insurance Co., Ltd. is directed to deposit the enhanced amount, less any amount already paid, together with interest at 7.5% p.a. from the date of the claim petition till the date of deposit.
Payment must be made within six weeks of receipt of this judgment.
For the enhanced portion of Rs 19,62,572, the claimant is not entitled to interest for the 361‑day delay, as per C.M.P.No.3829 of 2024 dated 21.02.2024.
Any deficit court fee, if unpaid, shall be borne by the claimant.
All other directions of the Tribunal regarding the mode of payment remain unchanged.
The appeal is partly allowed; no costs awarded.

Topics: Motor Accident Compensation, Insurance Claim