1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.535 of 2011 and MP(MD)No.1 of 2011 S.Jeniffer Raj Fernando .. Appellant/Petitioner Vs. 1.Govindan 2.The Branch Manager Oriental Insurance Company Sathya Moorthy Illam No.110, Sekkalai Road, Karaikudi. .. Respondents/Respondents Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 19.10.2009 passed in MACTOP No.22 of 2008 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Ramanathapuram. For Appellant : Mr.J.M.Hassanul Bazari For R – 2 : Mr.K.Baskaran For R – 1 : No appearance JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 19.10.2009 passed in MACTOP No.22 of 2008 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Ramanathapuram. 2. The appellant as petitioner has filed MACTOP No.22 of 2008 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.7,00,000/-, wherein the present respondents have been shown as respondents. 3. The Motor Accident Claims Tribunal after considering the evidence available on record has awarded a sum of Rs.1,97,000/-. In order to get enhancement of compensation, the present Civil Miscellaneous Appeal has been filed at the instance of the petitioner as appellant. 4. The learned counsel appearing for the appellant/petitioner has contended that the petitioner has https://hcservices.ecourts.gov.in/hcservices/ 2 undergone three operations and steel plates have been fixed and the same should be removed subsequently and the Motor Accident Claims Tribunal without considering the nature of operations undergone by the petitioner and also without considering the fact that the steel plates fixed in the body of the petitioner have to be removed subsequently, has erroneously awarded a meagre compensation of Rs.1,97,000/-. Under the said circumstances, the award passed by the Motor Accident Claims Tribunal is liable to be enhanced. 5. From the argument advanced on the side of the appellant/petitioner, it is learnt that the petitioner has undergone three operations. But on the side of the petitioner, the doctors who have done operations are not examined. On the side of the petitioner, Ex.P14 has been filed and the same is nothing but disability certificate. The author of disability certificate has been examined as PW2. Except the evidence of PW2 no medical evidence is available so as to prove that the petitioner has undergone three operations and steel plates have been fixed in his body. Therefore, on the side of the petitioner vital medical evidence is lacking with regard to nature of operations done to him and also with regard to removal of steel plates subsequently. Unless the petitioner has proved the above aspects, it is highly impossible on the part of the Court to accept the medical bills and also to award something about future medical treatment. 6. The learned counsel appearing for the appellant/petitioner has contended that for the purpose of examining the doctors, the matter can be remitted to the file of the Motor Accident Claims Tribunal. 7. Considering the nature of injuries sustained by the petitioner as well as operations undergone by him, in the interest of justice this Court is of the view to set aside the award in question and remit the matter to the file of the Motor Accident Claims Tribunal. 8. In fine, this Civil Miscellaneous Appeal is allowed without cost and the award passed in MACTOP No.22 of 2008 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Ramanathapuram is set aside and MACTOP No.22 of 2008 is remitted to the file of Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Ramanathapuram. The appellant/petitioner is directed to examine all the doctors so as to prove the contention urged on his side. The Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Ramanathapuram is directed to dispose of MACTOP No.22 of 2008 before the end of September 2011 and report the same to the Registry without fail. Connected Miscellaneous Petition is closed. Sd/- Assisant Registrar(P&A) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal/ Chief Judicial Magistrate , Ramanathapuram +One cc to Mr.J.M.Hassanul Bazari, Advocate, SR.No.23328 +One Cc to Mr.K.Bhaskaran, Advocate, SR.No.23054 Copy to:- The Section Officer, Judical Department, Madurai Bench of Madras High Court, Madurai mj rl/5c – 19.8.2011 C.M.A(MD)No.535 of 2011 14.07.2011 https://hcservices.ecourts.gov.in/hcservices/