IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.3.2007 CORAM THE HON'BLE MR.JUSTICE P.D.DINAKARAN AND THE HON'BLE MR.JUSTICE P.P.S.JANARTHANA RAJA Civil Miscellaneous Appeal No.524 of 2007 K.Unnikrishnan .. Appellant/Petitioner Vs. 1. M/s. Magnum Mail Management Services Pvt. Ltd. No.253, Avvai Shanmugham Salai Gopalapuram, Chennai 86. (Set exparte before the trial Court) 2. National Insurance Co. Ltd. Motor Third Party Cell No.751, Anna Salai, 2nd Floor Chennai 600 002. .. Respondents/Respondent Appeal against the order dated 11.10.2006 made in MACTOP No.4273 of 2001 on the file of Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai. For Appellant : Mr.N.M.Muthurajan For Respondent-2 : Mr.N.Vijayaraghavan J U D G M E N T (Delivered by P.D.DINAKARAN,J.) The above appeal is directed against the order dated 11.10.2006 made in MACTOP No.4273 of 2001 on the file of Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai. 2. On 27.3.2001, at about 6 pm, the appellant was driving autorickshaw bearing registration No.TN01-J-9691 from T.Nagar to Thousand Lights. Near Valmiki Street signal, a Maruti Van bearing registration No.TN07-W-9599, owned by the first respondent and insured with the second https://hcservices.ecourts.gov.in/hcservices/ respondent, which was driven in rash and negligent manner and in high speed, dashed against the appellant and hence, he sustained grievous injuries on his left leg and all over the body. He claimed a sum of Rs.27,50,000/- towards compensation. 3. The Tribunal, after framing the issues and after taking into consideration the material evidence, by its impugned order, held that the impugned accident had taken place only due to the rash and negligent driving of driver of the Maruti Van, awarded a sum of Rs.8,00,149/- as compensation with interest at the rate of 7.5% per annum. Hence the appeal seeking enhancement of compensation awarded by the Tribunal. 4. The learned counsel for the appellant contends that the Tribunal had erred in awarding Rs.8,00,149/- as compensation, by awarding a meagre amount on each head, without considering the nature of injury sustained by the appellant. 5. The appellant was taking treatment in Royapettah Government Hospital as inpatient from 27.3.2001 to 5.4.2001, as per Ex.P35-Case sheet. From 5.4.2001 to 7.4.2001, he was taking treatment at Ramachandra Hospital, as per Ex.P1-discharge certificate. Further, he was taking treatment at Vijaya Health Centre as inpatient from 7.4.2001 to 12.4.2001 and 11.10.2001 to 25.10.2001, as per Exs.P9 and P12 respectively. At Vijaya Heart Foundation, he underwent treatment from 12.4.2001 to 23.6.2001 as per Ex.P4. In Bone & Joint Hospital at Kozhikode, Kerala, he was taking treatment from 11.9.2004 to 24.9.2004, 18.3.2005 to 28.3.2005 and 14.3.2006 to 19.3.2006 as per Exs.P19, 20 and 36 respectively. As per the evidence of P.W.2, Doctor, who treated the appellant and the disability certificate Ex.P28 issued by him, the appellant sustained 70% partial permanent disability. As per Exs.P35, 1, 4, 12, 19, 20 and 36, the Tribunal found that the appellant had sustained permanent disability in view of the grievous injuries sustained by him and determined permanent disability at 60% and awarded Rs.60,000/- towards the same. In view of the injuries sustained by the appellant, we are of the considered opinion that a sum of Rs.1,20,000/- would be just and reasonable, instead of Rs.60,000/- towards permanent disability. 6. Besides, the Tribunal awarded Rs.2,85,149/- towards medical expenses as per Exs.P2 series, P3 series, P9, P5, P6, P7, P8, P10, P11 series, P13, P14 series, P15 series, P16 series, P18 series, P21 series, P22 series, P23 series, P24 series, P25 series and P37 series. It also awarded Rs.25,000/- towards pain and suffering, Rs.5,000/- towards nutritious food, Rs.50,000/- towards mental agony, Rs.20,000/- towards future medical expenses, Rs.5,000/- towards transportation, Rs.1,00,000/- towards loss of marital life, Rs.2,00,000/- towards loss of income and earning capacity and Rs.50,000/- towards loss of income for the treatment period. https://hcservices.ecourts.gov.in/hcservices/ 7. Considering the plight of the appellant, Rs.2,00,000/- awarded towards loss of income and earning capacity is enhanced to Rs.3,00,000/-, Rs.20,000/- awarded towards future medical expenses is enhanced to Rs.40,000/- and Rs.25,000/- awarded towards pain and suffering is enhanced to Rs.50,000/-. However, the amount awarded on other heads, viz. nutritious food, mental agony, transportation, loss of marital life and loss of income for treatment period remain unchanged. In the result, the award of the Tribunal is enhanced to Rs.10,05,149/-, with interest at 7.5% per annum. The appeal is disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kpl To The Motor Accidents Claims Tribunal (II Small Causes Court) Chennai. 2 cc To Mr.N.M.Muthurajan, Advocate, SR.18114. 1 cc To Mr.N.Vijayaraghavan, Advocate, SR.18887. C.M.A.No.524 of 2007. HPR(CO) RVL 13.04.2007 https://hcservices.ecourts.gov.in/hcservices/