1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.351 of 2011 and M.P(MD)No.1 of 2011 D.Gurusamy ... Appellant/Petitioner Vs. 1. K.K.Tharmaraja 2. The Regional Manager, United India Insurance Company Limited, 74, Railway Peeder Road, Virudhunagar. (R1 given up. Notice is dispensed with) ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award, dated 08.11.2005 made in M.C.O.P.No.131 of 2009, on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum- Fast Track Court No.I),Madurai. For Appellant : M/s.K.Kumaravel For Respondent-2 : M/s.A.S.Mathiyalagan * * * JUDGMENT The appeal is filed by the claimant, who is the injured in the accident occurred at 11.00 p.m. on 17.01.1999 at A.V.Bridge at Madurai. The date, time, place of the accident and the manner of the accident as due to the rash and negligent driving of the lorry belonging to the first respondent and is insured with the second respondent are not seriously denied. The trial court found the lorry driver to be solely responsible for the accident. The trial court has further on the basis of the available records fixed the compensation of Rs.8,000/- for the injuries sustained and the pain and suffering suffered by the claimant due to the accident. The appellant has come forward with this Civil Miscellaneous Appeal for enhancement of the compensation awarded by the trial court by contending that the claimant has sustained 30% of permanent disability due to the injuries sustained by him in the accident and though the claimant omitted to adduce any evidence to prove the factum of permanent disability said to be sustained by him, he may be given one more opportunity to prove the same by adducing additional documents which is now sought to be produced herein by way of C.M.P and for the said purpose, the matter may be remanded back to the tribunal for fresh disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel for the second respondent/Insurance Company has no serious objection for adopting such course to enable the claimant to prove his entire case as pleaded in his claim petition and the award under challenge without any finding on the permanent disability aspect cannot be hence sustained. 3. In the result, the Civil Miscellaneous Appeal is allowed by setting aside the award dated 08.11.2005 made in M.C.O.P.No.131 of 2000, on the file of the Motor Accident Claims Tribunal(Additional District Court-cum-Fast Track Court No.I), Madurai and M.C.O.P.No.131 of 2000 is remanded back to the Tribunal for fresh disposal after giving due opportunity to both parties to raise additional claim and adduce further oral and documentary evidence, if any and the Tribunal is directed to dispose of the matter not later than three months from the date of receipt of copy of this order along with records, if any. Consequently, connected Miscellaneous Petition is closed. No costs. Office is directed to return the three documents filed along with M.P(MD)No.1 of 2011 herein to the appellant. SD/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The Additional District Judge, (Fast Track Court No.I), Motor Accident Claims Tribunal, Madurai. +1 CC TO MR. K. KUMARAVEL , ADVOCATE S.R NO. 6385 +1 CC TO MR. A. S. MATHIYALAGAN, ADVOCATE S.R NO. 6386 C.M.A(MD)No.351 of 2011 15.03.2011 vsn PAM 21.04.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/