1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.07.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A.(MD).No.398 of 2011 Saravanan ... Appellant/claimant Vs. 1.S.Kaja Mohaideen 2.M/s.Oriental Insurance Company Limited, rep. By its Divisional Manager, 16, North Veli Street, Madurai. ... Respondents/Respondents Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 29.07.2010 and made in M.C.O.P.No.328 of 2007 on the file of the Motor Accidents Claims Tribunal cum Principal Sub-Court, Madurai. For Appellant : Mr.N.Sudhagar Nagaraj For Respondents : Mr.R.Vijaya Kumar for R-1 Mr.K.Baskaran for R-2 JUDGMENT Challenge in civil miscellaneous appeal is to the award dated 29.07.2010 passed in M.C.O.P.No.328 of 2007 by the Motor Accidents Claims Tribunal/Principal Sub-Court, Madurai. 2.The appellant herein as petitioner has filed M.C.O.P.No.328 of 2007 on the file of the Motor Accidents Claims Tribunal/Principal Sub- Court, Madurai praying to pass an award of Rs.2 lakhs, wherein, the present respondents have been shown as respondents. 3.It is averred in the petition that on 10.03.2006, the petitioner has travelled in the mini-bus bearing Regn.No.TN-58-F-6960 which belongs to the first respondent and the same has been insured with the second respondent. The driver of the first respondent has driven the same in rash and negligent manner and dashed against the vehicle bearing Regn.No.TN-37-L-3285 and due to accident, the petitioner has sustained fracture coupled with other injuries. Since the accident has happened only due to rash and negligent driving of the driver of the first respondent and the vehicle of the first respondent has been insured with the second respondent, the respondents are liable to pay compensation of Rs.2 lakhs. 4.In the counter filed on the side of the second respondent, it is stated that the petitioner has given false information with regard to accident. The entire accident has happened only due to rash and negligent driving of the driver of the van bearing Regn.No.TN-37-L-3285. The petitioner has claimed excessive compensation. There is no merit in the petition and the same deserves to be dismissed. 5.On the basis of the rival evidence available on record, the Motor Accidents Claims Tribunal/Principal Sub-Court, Madurai has awarded a https://hcservices.ecourts.gov.in/hcservices/ 2 compensation of Rs.95,500/-. In order to get enhancement of compensation, the present civil miscellaneous appeal has been preferred at the instance of the petitioner as appellant. 6.The learned counsel appearing for the appellant/petitioner has sparingly contended that for the purpose of ascertaining the disability and also future medical treatment, P.W.3 has been examined and his specific evidence is that the petitioner requires future medical treatment. But the tribunal has not awarded anything towards future medical treatment. Under the said circumstances, the amount of compensation awarded by the Motor Accidents Claims Tribunal is liable to be enhanced. 7.Per contra, the learned counsel appearing for the second respondent has contended that after ascertaining the evidence available on the side of the petitioner, the Motor Accidents Claims Tribunal has rightly awarded a compensation of Rs.95,500/- and the same need not be enhanced. 8.On the basis of the divergent submissions made on either side, the court has to look into as to “Whether the appellant/ petitioner requires future medical treatment?” 9.The author of wound certificate which has been marked as Ex.P.5, examined as P.W.3 and his specific evidence is that an iron rod has been fixed in the right thigh of the petitioner and the same should be removed in future. Considering the evidence given by P.W.3, it is just and necessary to award something towards future medical treatment. Under the said circumstances, this Court is of the view to award Rs.10,000/- towards medical treatment and in aggregation, the appellant/petitioner is entitled to get Rs.1,05,500/- (Rupees one lakh five thousand and five hundred only). 10.In fine, this civil miscellaneous appeal is allowed in part without costs and the award passed in M.C.O.P.No.328 of 2007 by the Motor Accidents Claims Tribunal/Principal Sub-Court, Madurai is modified as follows: “The appellant/ petitioner is entitled to get Rs.1,05,500/- (Rupees one lakh five thousand and five hundred only) by way of compensation. In other aspects, the award in question is confirmed.” Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal/Principal Subordinate Judge,Madurai. +1cc to Mr.S.Gokulraj, Advocate SR.No.22336 C.M.A.(MD).No.398 of 2011 vs PA/10.08.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/