1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.458 of 2011 and M.P(MD)No.1 of 2011 Branch Manager, National Insurance Company Ltd., Bhavani Main Road, Sangagiri. ... Appellant/Respondent No.2 Vs. 1.Sreenivasan ...Respondent No.1/Petitioner 2.Devaraj ... Respondent No.2/Respondent No.1 * * * PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 25.09.2006 made in M.C.O.P.No.251 of 2004 on the file of the Motor Accident Claims Tribunal, Sub-Judge, Sriviliputhur, and praying to set aside the same. For Appellant : Mr.A.K.Baskarapandian For Respondents : Mr.V.Ramakrishnan J U D G M E N T This Civil Miscellaneous Appeal is filed against the award of compensation of Rs.3,40,000/- payable with interest at 7.5% from the date of claim petition in favour of the claimant/injured for the injuries sustained by him in the accident occurred at 12.00 p.m., on 18.10.2003 on Rajapalayam to Madurai road, due to rash and negligent driving of the vehicle owned by the first respondent and insured with the second respondent in the claim petition. 2. The date, time, place and manner of the accident and the nature of the injuries sustained by the claimant resulting in permanent disability suffered by him in spite of medical treatment incurring huge expenditure and loss of earning capacity, are all not denied. 3. The appellant/Insurance Company has not in this appeal denied the liability to pay compensation. What is disputed is the quantum of compensation. 4. The perusal of the records reveals that the Tribunal has on the basis of independent medical evidence adduced on the side of the claimant awarded compensation of Rs.3,40,000/- under the following heads: https://hcservices.ecourts.gov.in/hcservices/ 2 Medical Expenses :Rs.1,70,000/- Permanent Disability :Rs. 40,000/- Future medical expenses :Rs. 50,000/- Loss of Income during treatment period :Rs. 50,000/- Damages caused to the vehicle :Rs. 15,000/- Pain and Suffering :Rs. 10,000/- Extra Nourishment :Rs. 5,000/- -------------- Total :Rs.3,40,000/- -------------- 5. The appellant/Insurance Company has in this appeal mainly questioned the quantum of compensation of Rs.50,000/-(each) awarded towards medical expenses and loss of income during the treatment period. 6. Regarding the first aspect, it is not in dispute that the injured sustained grievous injury and fracture and fitted with plate and he has to necessarily undergo further operation by way of hospitalisation and considering the present cost of medical treatment, the award of compensation of Rs.50,000/- cannot said to be on higher side. 7. Regarding the second aspect, the injured was admittedly hospitalised for nineteen 19 days and considering the nature of the injuries sustained by him and the period required for recovery, the loss of income can be reduced to Rs.25,000/-. Hence the total compensation comes to Rs.3,15,000/- and the award under challenge stands modified to that extent and is confirmed in other respects. 8. In the result, the award dated 25.09.2006 made in M.C.O.P.No.251 of 2004 on the file of the Motor Accident Claims Tribunal, Sub-Judge, Sriviliputhur. stands modified by awarding compensation of Rs.3,15,000/- with interest at 7.5% per annum payable by the appellant/insurer within two months from this date. On deposit of the amount into Court, the claimant is permitted to withdraw the entire award amount with accrued interest and entire costs. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To The Subordinate Judge, The Motor Accident Claims Tribunal, Sriviliputhur. Copy To: The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.V.Ramakrishnan, Advocate, SR No.13333 CMA(MD).No.458 of 2011 08.04.2011 pm/RJ/7.6.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/