Senthil Kumar vs Gurusamy
2022 Latest Caselaw 3323 Mad

                                                                                    C.M.A.No.287 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 22.02.2022
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
                                                   C.M.A.No.287 of 2017

                     Senthil Kumar                                                         ...Appellant

                                                            Vs.

                     1.Gurusamy

                     2.New India Assurance Co. Ltd.,
                       No.45, Moore Street, 5th Floor,
                       Chennai.                                                        ..Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the decree and judgment dated 22.12.2015 made
                     in M.C.O.P.No.2913 of 2013 on the file of the Motor Accident Claims
                     Tribunal, (IV-Small Causes Court), Chennai.
                                            For Appellant         : Mr.K.Varadha Kamaraj
                                            For Respondents       : Mr.T.K.S.Gandhi for R1


                                                     JUDGMENT

This Civil Miscellaneous Appeal has been filed by the claimant in

M.C.O.P.No.2913 of 2013, which was pending on the file of the Motor

Accident Claims Tribunal / IV-Small Causes Court, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.287 of 2017

2.The facts are not in dispute. The facts are that the Appellant

herein had suffered injuries on the 4th and 5th fingers of the right hand and

also a small abrasion over the right side lip in the face, owing to an injury

suffered in an accident by the two wheeler bearing registration No.TN-01-

AK-9015. It was found as a fact that the said injury was not due to the

claimant but due to the rider of the motor vehicle. Let me not interfere with

that findings. The Doctor, who examined the Appellant had assessed

disability at 35%. The Tribunal, on the basis of the entire records had

granted an award of Rs.60,000/-.

3.It is the grievance of the learned counsel for the Appellant

herein that since the injuries have been specifically mentioned, and medical

records have also been produced, the compensation granted should be

enhanced. It was also pointed out that the Appellant was not able to use his

right hand and therefore, further consideration should have been granted

while determining the compensation. The records are available and I have

perused the same.

https://www.mhc.tn.gov.in/judis C.M.A.No.287 of 2017

4.It appears that the total medical expenses incurred by the

Appellant was Rs.12,210. Further, the discharge summary is also available,

which clearly shows that there is abrasion and owing to that, treatment was

given and thereafter, the Appellant was discharged. It is seen from the

salary certificate issued that the Appellant was working as a Distributor and

was not involved in any heavy work, which might have been affected,

owing to the nature of the injuries suffered. But that is not the case here.

5.I find no reason to interfere with the order of the Tribunal and I

affirm the same.

6.The Civil Miscellaneous Appeal is therefore, dismissed. No

costs. The Appellant is permitted to withdraw the amount, if it is already

deposited.

22.02.2022 kkn

Index:Yes/No Internet:Yes/No Speaking/Non-speaking order

https://www.mhc.tn.gov.in/judis C.M.A.No.287 of 2017

C.V.KARTHIKEYAN, J.

KKN

To-

The Motor Accident Claims Tribunal, IV-Small Causes Court, Chennai.

C.M.A.No.287 of 2017

22.02.2022

https://www.mhc.tn.gov.in/judis