IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2011 CORAM: THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN CMA.No.2262/2004 1.Selvakumar 2.National Insurance Company Limited, Salem ..Appellants/2,3rd Respondent in Trial Court Vs 1.Muniappan 2.Jayavel ..Respondents/Petitioner and 1st respondent in trial court Prayer:- This Civil Miscellaneous Appeal is filed U/s 173 Motor Vehicle Act 1998 against the Judgement and Decree dated 29.11.2002 made in MCOP.No.93/2002 by the learned Additional District Judge (FTC(II) (MACT) Gobichettipalayam. For Appellant : Mr.S.Arun Kumar For Respondent : Mr.S.Kamadevan-R1 JUDGEMENT This Civil Miscellaneous Appeal is filed by the owner of the vehicle and M/s.National Insurance Company Limited, Salem against the Judgement and Decree dated 29.11.2002 made in MCOP.No.93/2002 by the learned Additional District Judge (FTC0II) (MACT) Gobichettipalayam. 2. The 1st Respondent/claimant filed the above claim petition, claiming a compensation of Rs.6,00,000/- under various heads before the Tribunal for the injuries sustained by him in the motor accident occurred on 14.9.2001 at about 10.30 hours in the Sathy to Kovai Main Road, Near 173-KM.Store. The Tribunal awarded a sum of Rs.1,35,000/- as total compensation under various heads. As against the same, this Civil Miscellaneous Appeal has been filed by the owner of the vehicle and the Insurance Company. 3. This court heard the submissions of the learned counsel on either side and also perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/ 4. As regards the negligence aspect, the Tribunal has held that the the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle, which is not assailed or impeached by the Appellants before the Tribunal by letting in any evidence and hence, said finding of the Tribunal with regard to the negligence aspect fixing the same on the part of the driver of the offending vehicle is liable to be confirmed and accordingly, it is confirmed. 5. The claimant Muniappan sustained fracture on the left elbow and he was hospitalized for 11 days in the Government Hospital and later for 20 days in a private hospital. PW.3 Dr.K.Periasamy, Orthopedic Surgeon has issued Ex.P18 disability certificate, assessing the permanent disability at 28 per cent on the ground that the movements of the left elbow were restricted and painful, as there was mal union of bone at fracture site and he has deposed that the claimant would find it difficult in lifting heavy weights such as bricks as mason using left forearm. 6. The Tribunal has awarded a sum of Rs.78,000/- for the injures and pain and suffering, which is on the higher side. Taking into consideration the fact that the claimant was working as a mason in brick works, which requires manual labour, for the deformities suffered by him as is evident from Ex.P18, a lump sum amount of Rs.60,000/- can be awarded for the deformities suffered by him. A sum of Rs.20,000/- towards pain and suffering, Rs.2500/- towards transportation expenses and Rs.2500/- towards extra nourishment are awarded. The Tribunal has awarded Rs.15,000/- towards medical expenses, which is borne out by records Ex.P14 and P15 and the same is confirmed. In all, the claimant is entitled to a sum of Rs.1,00,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization. 7. In the result, this Civil Miscellaneous Appeal is allowed . The impugned award is reduced from Rs.1,35,000/- to Rs.1,00,000/- with interest as mentioned above. In all, the claimant is entitled to a total compensation of Rs.1,00,000/- (Rupees one lakh only) with interest 7.5 per cent p.a. from the date of the petition till the date of realization, as detailed below:- The claimant is entitled to withdraw the award amount after giving credit to the amount already withdrawn by him with interest. The S.No Category 1 Deformities suffered by the claimant 60000 2 Pain and Suffering 20000 3 Transportation Expenses 2500 4 Extra Nourishment 2500 5 Medical Expenses 15000 Total Compensation 100000 Award Amount (Rs.) https://hcservices.ecourts.gov.in/hcservices/ Appellants are entitled to withdraw the balance amount with accrued interest if any. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar Srcm To: 1.The Additional District Judge (FTC0II) (MACT) Gobichettipalayam. 2.The Record Keeper, VR Section, High Court, Madras + 1 cc to Mr.S. Arunkumar, Sr.28197 + 1 cc to Mr.S. Kamadevan, SR.28082 CMA.No.2262/2004 JP(CO) EU 2.6.11 https://hcservices.ecourts.gov.in/hcservices/