IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2010 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A.No.3488 of 2004 A.Ganesan .. Appellant/Petitioner -Vs- 1.N.Sri Radhakrishnan, 2.United India Insurance Co.Ltd., Third Party Cell, South India Co-op Building, III Floor, 38, Anna Salai, Chennai-2. .. Respondents/Respondents PRAYER: Appeal filed under Section 173 of M.V.Act 1988 against the judgement and decree dated 10.6.2004 passed by the Additional District & Session Court (Fast Track Court No.4) on transfer from VI Judge, Small Causes Court, Chennai in MCOP.No.3277 of 1999 in so far as it is against the appellant is concerned. * * * * * For Appellant :Mr.A.Jothi For Respondents :Mr.P.Sukumar for R2 J U D G M E N T The claimant is the appellant before this court aggrieved by the award of Rs.75,000/- as against the claim amount of Rs.1,50,000/-. 2. The case of the appellant is that he met with an accident when he was riding a motor cycle which was hit by a scooter driven rash and negligently. As a result, the appellant sustained grievous injuries. Hence the claimant filed the claim petition, which was contested by the Insurance Company, second respondent, stating that the appellant was responsible for the accident. After appreciation of pleadings evidence, the Tribunal found that the Scooter was driven rash and negligently and awarded Rs.75,000/- as follows: https://hcservices.ecourts.gov.in/hcservices/ Towards disability Rs.25,000/- Towards loss of income during treatment Rs.10,000/- Towards reduction in loss of earning power Rs.25,000/- Towards Transportation and extra nourishment Rs.5000/- Towards pain and suffering Rs.10000/- -------------- Total Rs.75,000/- Against the said award only the present appeal has been preferred by the claimant. 3. Mr.A.Jothi, learned counsel appearing for the appellant submitted that even though the appellant reimbursed a sum of Rs.38823/-, the balance amount of Rs.6,805/- has to be ordered by the Tribunal based on the proof in the medical expenses by Ex.P14. Secondly he submitted that for disability of 24%, only a sum of Rs.25,000/- was awarded and hence he prays to enhance the award to Rs.50,000/-. For transportation and extra nourishment only a sum of Rs.5000/- was awarded and for pain and suffering only a sum of Rs.10,000/- was awarded. Therefore he sought for enhancement of the amount on the above heads also. Learned counsel further submitted that plates were in-planted during surgery for the fracture sustained and therefore for future medical expenditure which was not awarded by the Tribunal for the surgery to remove plates, he sought for a sum of Rs.25,000/- for the said operation. 4. Mr.P.Sukumar, learned counsel for the second respondent submitted that there is no proof for medical expenses except Ex.P14 letter. Learned counsel for the second respondent further submitted that in the absence of any medical advise/evidence for future medical expenses, no amount could be given. Learned counsel has challenged award with regard to disability and reduction in loss of earning power sought for dismissal of the appeal 5. A perusal of the award and pleadings and evidence on record would show that the accident occurred because of negligence of the scooter rider and a finding in this regard was given by the Tribunal in paragraph 9 of the award and the said https://hcservices.ecourts.gov.in/hcservices/ finding is based on evidence and therefore the same is confirmed. In any event, the findings in this regard was not challenged by the Insurance Company. 6. The appellant sustained head injuries, left clavicle portion fractured and lacerated injuries all over the body. Ex.P.11 and evidence of Dr. Kamaraj C.Natesan would show that the disability sustained is 25%. Therefore the Tribunal rightly awarded a sum of Rs.25,000/- As far as the medical expenses are concerned, Ex.P14 proves that the appellant spent a sum of Rs.45628/- and out of which a sum of Rs.38823/- alone was paid paid for the medical expenses by the Insurance Company. Therefore the reduction of balance amount of Rs.6,805/- by the insurance company not awarded by the Tribunal is unjustified and therefore the balance amount of Rs.6,805/- rounded to Rs.7000/- is awarded towards medical expenses. The claimant has claimed for future medical expenses and for that evidence has to be considered. P.W.5 Dr.Kamaraj, C.Natesan deposed as follows: @17.2.2003 fnzrd; vd;w 48 taJ Mz; vd;gtiu ghpnrhid bra;J ghh;j;jjpy; mtUf;F 23/1/99 njjp eilbgw;w rhiy tpgj;jpy; ,lJ fhiu vYk;g[ Kwpt[ mjwfhf mtUf;F mWit rpfpr;ir bra;ag;gl;L gpnsl; bghUj;jg;gl;Ls;sJ/ gpnsl; , d;Dk; vLf;fg;gltpy;iy/ jw;bghGJ mtUf;F vYk;g[ Kwpt [ Vw;gl;Ls;s gFjpapy; typ. fdkhd bghUsfis J}f;Ftjpy; rpukk;/ ,lJ njhy; K:l;il klf;fp ePl;LtJ rpukk;. ,lJ ifia gad;gLj;jp md;whl ntiyfs; bra;tJ rpukk;/ Cdj;ij gFjp epue;jukhf fdpj;J 25# rjtpfpjk; Cdk; fdpj;Jsnsd;/ ,e;j Cdr; rhd;wpjH; k/rh/M/11@ 7. The aforesaid evidence would show that the fixed plates have not been removed and to remove the plates, surgery has to be done and therefore amount has to be given for future medical expenses. Therefore this court awards a sum of Rs.25000/- towards future medical expenses. Moreover the aforesaid evidence of PW5 would show that the appellant sustained 25% disability and therefore the tribunal awarded a sum of Rs.25,000/- towards reduction of earning power. The tribunal rightly awarded a sum of Rs.5000/- towards extra nourishment and Rs.10,000/- towards pain and sufferings. The award of the Tribunal is enhanced as follows: https://hcservices.ecourts.gov.in/hcservices/ Towards disability Rs.25,000/- Towards loss of income during treatment Rs.10,000/- Reduction in earning power Rs.25,000/- Towards pain and sufferings Rs.10,000/- Towards Transportation and Extra Nourishment Rs. 5,000/- Towards future medical expenses Rs.25,000/- Towards medical expenses Rs. 7000/- -------------- Total Rs.1,07,000/- -------------- 8. Accordingly this court enhances the Tribunal award from Rs.75,000/- to Rs.1,07,000/-. The tribunal awarded 9% interest and the same is confirmed. The appeal is partly allowed. No order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Additional District and Sessions Judge, (IV Judge, Fast Track Court, Chennai). 2.The Section Officer, VR Section,High Court,Madras. +1cc to Mr.P.Sukumar,Advocate Sr 2163 +1cc to Mr.N.M.C.Babu,Advocate Sr 2515 PUR(CO) km/19.3. C.M.A.No.3488 of 2004 https://hcservices.ecourts.gov.in/hcservices/