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Madras High Court Hears Claimant's Appeal Under Section 173 of Motor Vehicles Act Seeking Enhancement of Compensation for Road Accident Injuries. Motorcyclist Suffered Grievous Injuries After Being Hit by Rashly Driven College Bus, Tribunal Award of Rs.8,96,000 Challenged as Inadequate.

High Court: Madras High Court Bench: Principal
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2026-10-31 07:06:16
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Issue of Consideration

Whether the compensation awarded by the Tribunal is just and adequate, and whether enhancement is warranted

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Law Points

  • Section 173
  • Motor Vehicles Act
  • 1988 - appeal against award of Motor Accident Claims Tribunal
  • compensation for motor accident
  • vicarious liability of owner and insurer
  • rash and negligent driving
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Case Details

2025 LawText (MAD) (02) 15

C.M.A.No.1915 of 2022

2025-02-19

J. Nisha Banu, R. Sakthivel

2025:MHC:474

P.L. Narayanan, R. Gokul for P.R. Umamaheswari, R. Rajesh

S.Balaraman

S.R.M.Institute of Science and Technology, The New India Assurance Company Limited

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Nature of Litigation

Appeal against award of Motor Accident Claims Tribunal for compensation in road accident

Remedy Sought

Enhancement of compensation from Rs.8,96,000 awarded by Tribunal to Rs.35,00,000

Filing Reason

Claimant felt that the compensation granted for grievous injuries was insufficient

Previous Decisions

M.A.C.T.O.P.No.6593 of 2017 decided on 18.08.2021 by Motor Accident Claims Tribunal (Special Sub-Court No.2, Small Causes Court, Chennai) awarding Rs.8,96,000

Issues

Whether the accident occurred due to rash and negligent driving of the bus Whether the insurance company is liable to pay compensation Whether the compensation awarded by the Tribunal is inadequate and requires enhancement

Submissions/Arguments

Claimant argued that the bus driver drove rashly and negligently causing the accident and grievous injuries, and respondents are vicariously liable. Insurance company denied involvement of bus, disputed liability on ground of lack of valid driving license, and contended compensation claimed is unsustainable.

Judgment Excerpts

the SRM College bus bearing Registration No. TN-19-AB-0823, driven in a rash and negligent manner in the same direction i.e., from east to west, dashed against him, on account of which, he had sustained grievous injury. Feeling aggrieved by the Award dated August 18, 2021 passed in M.A.C.T.O.P.No.6593 of 2017 on the file of 'Motor Accident Claims Tribunal (Special Sub-Court No.2, Motor Accident Claims Petition) Small Causes Court, Chennai' ... the appellant / claimant therein has preferred this Civil Miscellaneous Appeal.

Procedural History

Claim petition originally filed before Motor Accident Claims Tribunal, Chennai as M.A.C.T.O.P.No.6593 of 2017. The first respondent (owner of bus) was set ex-parte on 05.01.2018. The Tribunal passed an award on 18.08.2021 granting Rs.8,96,000 as compensation. Challenging the award, the claimant filed Civil Miscellaneous Appeal before Madras High Court under Section 173 of Motor Vehicles Act, 1988.

Acts & Sections

  • Motor Vehicles Act, 1988: Section 173
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Tags :
motor accident claim compensation enhancement Section 173 rash and negligent driving grievous injury vicarious liability insurance college bus motorcycle

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