1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.07.2017 CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.1210 of 2016 and C.M.P.(MD)No.6559 of 2017 R.Pandian .. Appellant / Petitioner Vs. 1.M.Veerapathira Babu 2.The New India Assurance Company Ltd., No.3,Main Road, Dindigul. 3.Wilsonbritto .. Respondents / Respondents PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree made in M.C.O.P.No.81 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, dated 12.03.2010. For Appellant : Mr.T.Selvakumaran For R-2 : Mr.J.S.Murali J U D G M E N T This Civil Miscellaneous Appeal has been filed by the claimant/appellant against the award made in M.C.O.P.No.81 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, dated 12.03.2010. 2. It is a case of injury caused due to the accident that took place on 17.01.2009 at about 12.45 p.m, at Karur to Manaparai Road near Tharagampatti Tasmarc Opposite in which, the claimant was driving his TVS MAX 100R Motor Cycle bearing Registration No.TN- 59-C-3450 from North to South keeping extreme left side of the road . At that time, the driver of Yamaha Fazer Motor Cycle bearing Registration No.TN-57-J-7517 drove it in a rash and negligent manner from south to North and dashed against the vehicle driven by the claimant. Due to the impact, the claimant sustained multiple grievous injuries. 3. The claimant filed an application in M.C.O.P.No.81 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, dated 12.03.2010, seeking compensation. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Before the Tribunal, the claimant examined two witnesses as P.Ws.1 and P.W.2 and marked fifteen documents as Ex.P.1 to Ex.P.15. On the side of the respondents, they did not let in any oral or documentary evidence. 5.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel for the claimant and the respondents and also on appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the Yamaha Fazer Motor Cycle, belongis to the first respondent and directed the second respondent/Insurance Company to pay a sum of Rs.1,32,500/-, as compensation and recover the same from the third respondent. 6. Against which, the appellant/claimant has filed this present appeal on the main ground that the Tribunal ought to have granted the amount as per medical bills produced by the claimant and though the doctor assessed disability at 44%, the Tribunal has taken the disability at 34% and the amount granted under the heads for pain and suffering and extra nourishment is very low and the same should be enhanced. 7. The learned counsel for the Insurance Company contended that the Tribunal awarded a just and reasonable compensation and the same does not require interference and hence, this appeal is to be dismissed. 8. Heard the learned counsel appearing on both sides and perused the materials available on record. 9. The learned counsel for the appellant would draw the attention of this Court to paragraph No.24 of the order of the Tribunal and he submitted that due to the accident, the claimant has sustained multiple injuries, which are grievous in nature and in Ex.P.2 Wound Certificate, the following wounds are mentioned: 1.Compound comminuted segmented supracodylar Fracture with intercondylar Extension. 2.I acerated wound over Left Nnee joint 3x3xbone deep. 3.Lacerated wound over left/Anterior knee 3x3x3 cms. The doctor who gave the disability certificate was examined as P.W2. The Doctor has categorically stated that the petitioner has sustained 44% of permanent disability. Therefore, the Tribunal ought to have granted the amount as per medical bills and fixed the disability at 44%. 10. Considering the said submission, this Court is inclined to award compensation by fixing the disability at 44% and hence, Rs. 88,000/- (44 X 2000) is granted for permanent disability and https://hcservices.ecourts.gov.in/hcservices/ 3 Rs.77,288/- is granted for medical expenses as per medical bills. The Tribunal awarded Rs.3000/- for pain and suffering and this Court enhanced Rs.15,000/- for pain and suffering. The Tribunal awarded Rs.1000/- towards extra nourishment and this Court enhanced Rs.10,000/- towards extra nourishment. Total compensation is enhanced to Rs.1,90,288/- from Rs.1,32,500/-. 11. In the result, this Civil Miscellaneous Appeal is partly allowed and the award made in M.C.O.P.No.81 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, dated 12.03.2010., is hereby modified. The second respondent/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of six weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the appellant/claimant is permitted to withdraw the award amount, with proportionate interests and costs without filing formal permissionpetition. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To, The Sub Court, The Motor Accident Claims Tribunal, Kulithalai. +1cc to Mr.T.SELVAKUMARAN,Advocate,SR.66779 +1cc to Mr.J.S.MURALI,Advocate,SR.66451 Copy to : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. C.M.A(MD)No.1210 of 2016 and C.M.P.(MD)No.6559 of 2017 19.07.2017 CM KK/SV/SAR 1/31.08.2017/ 3P- 5C https://hcservices.ecourts.gov.in/hcservices/