1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.466 of 2011 Tamilselvi .. Appellant/Claimant Vs. Marudhupandian .. Respondent/Respondent Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 03.12.2010 passed in M.C.O.P.No.299 of 2002 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate's Court, Sivagangai. For Appellant .. Mr.R.Venkatesan For Respondent .. Mr.S.Pugalendhi JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 03.12.2010 passed in M.C.O.P.No.299 of 2002 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate's Court, Sivagangai. 2. The appellant herein as petitioner has filed M.C.O.P.No.299 of 2002 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.50,000/- by way of compensation, wherein the present respondent has been shown as respondent. 3. It is stated in the petition that on 09.02.2002, the petitioner has proceeded on Sivagangai-Melur Road from west to east and at that time the driver of the respondent has driven the vehicle bearing Registration No.TN-63-B-6823 in rash and negligent manner and dashed against the petitioner and thereby caused multiple injuries and subsequently the petitioner has been admitted in hospital, wherein she has taken treatment for months together. Under the said circumstances, the present petition has been filed for getting compensation as mentioned therein. 4. It is averred in the counter filed on the side of the respondent that the driver of the respondent is not responsible for the accident. The petitioner has claimed excessive compensation and therefore the present petition deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded Rs.10,000/- by way of compensation. In order to get enhancement of compensation, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. https://hcservices.ecourts.gov.in/hcservices/ 2 6. The learned counsel appearing for the appellant/petitioner has contended that the accident has happened on 09.02.2002 and due to accident the petitioner has sustained multiple injuries and she has been admitted in Government hospital, wherein she has taken treatment from 09.02.2002 to 18.02.2002 and subsequently she got treatment from a private hospital as an outpatient, but the Motor Accidents Claims Tribunal without considering the duration of treatment as well as nature of injuries sustained by the petitioner, has erroneously awarded a meagre sum of Rs.10,000/- by way of compensation and therefore the same is liable to be enhanced. 7. The learned counsel appearing for the respondent has contended that the petitioner has sustained only four simple injuries and that too abrasions and after considering the nature of injuries sustained by the petitioner, the Motor Accidents Claims Tribunal has rightly awarded Rs.10,000/- by way of compensation and the same is not liable to be enhanced. 8. It is an admitted fact that the accident in question has happened on 09.02.2002. Due to accident, the petitioner has sustained four multiple injuries and the same is evidenced in Ex.P.2. 9. The main contention urged on the side of the appellant/petitioner is that from 09.02.2002 to 18.02.2002, the petitioner has got treatment from Government Hospital and subsequently she got treatment from a private hospital as an outpatient. But to prove the same, there is no document. 10. The Motor Accidents Claims Tribunal after considering the fact that the petitioner has sustained four simple injuries, has awarded Rs.10,000/- by way of compensation. 11. Considering the fact that the petitioner has sustained four simple injuries and also considering her avocation, this Court is of the view to award Rs.2,000/- by way of loss of income and in aggregation, the appellant/ petitioner is entitled to get Rs.12,000/-. With the above modification, this Civil Miscellaneous Appeal is liable to be allowed in part. 12. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.299 of 2002 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate's Court, Sivagangai is modified as follows: The appellant/petitioner is entitled to get Rs.12,000/- by way of compensation. In other aspect, the award in question is confirmed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal/ Chief Judicial Magistrate's Court, Sivagangai. +One cc to Mr.R.Venkatesan, Advocate, SR.No.25565 smn rl/3c – 24.8.2011 C.M.A(MD)No.466 of 2011 02.08.2011 https://hcservices.ecourts.gov.in/hcservices/