IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.04.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.964 of 2009 and MP.No. 1 of 2009 Divisional Manager The New India Assurance Co. Ltd Officer's Line, Vellore ... Appellant/II Respondent vs. 1. C. Durai 2. Rajarajan ... Respondents/ Petitioner/1st Respondent . . . Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act, 1988 against the decree and judgment dated 30.10.2008 passed in M.C.O.P.No. 424 of 2002 on the file of Motor Accident Claims Tribunal, Cheyyar. . . . For appellant : Mr.N.Vijayaraghavan . . . JUDGMENT The New India Insurance Company has filed this appeal challenging the award dated 30.10.2008 passed in M.C.O.P.No.424 of 2002 on the file of Motor Accident Claims Tribunal, Cheyyar, Tiruvannamalai District. 2. It is a case of injury. The accident in this case happened on 23.8.2002. The injured claimant Durai, aged about 45 years old, a Head Constable, was travelling as a pillion rider in a bicycle. At that time, the motor cycle insured with the appellant insurance company came in the opposite direction hit the bicycle. In that accident, he suffered fracture on the left shoulder and injuries on other parts of the body. He was treated at Government Hospital, Cheyyar, Kanchipuram and later he has been treated by native medicine at Puthur. He claimed compensation in a sum of Rs.3,00,000/-. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1 and the Doctor, who treated the injured was examined as P.W.2. Exs. A1 to A10 were marked, which are as follows:- Ex.A1 - Copy of First Information Report Ex.A2 - Copy of Accident Register Ex.A3 - Copy of Wound certificate Ex.A4 - Copy of Final report Ex.A5 - Judgment copy Ex.A6 - Copy of the policy Ex.A7 - Disability Certificate Ex.A8 - X-ray Ex.A9 - Motor Vehicle Inspector's Inspection report Ex.A10 - Driver's licence No oral or documentary evidence was let in on behalf of the appellant, the second respondent before the Tribunal. 4. The Tribunal considering the age, occupation, nature of injury, period of treatment, pain and suffering undergone by the injured, awarded a sum of Rs.81,000/- with interest at 7.5% and that is not in dispute. 5. The only point that is canvassed in the appeal by the learned counsel for the petitioner is that the involvement of the vehicle in question is in doubt. However, no such plea has been specifically raised before the Tribunal and in any event, the First information Report, Accident Register and the finding rendered by the criminal court are against the driver of the vehicle insured with the appellant. There was no contra evidence let in by the appellant before the Tribunal to substantiate such plea. Therefore, there is no merit in the present appeal. 6. As regards quantum of compensation awarded by the Tribunal, I find no serious infirmity in the quantum of compensation awarded. 7. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks eight weeks time to deposit the award amount and the same is granted and on such deposit, the claimant is entitled to withdraw the same. Consequently, connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ bg To The Motor Accident Claims Tribunal, Cheyyar, Tiruvannamalai District. +1cc to Mr.N.Vijayaraghavan, Advocate Sr 14851 JSV(CO) km/10.6. CMA No. 964 of 2009 https://hcservices.ecourts.gov.in/hcservices/