L.Rajini vs Sundari
2023 Latest Caselaw 404 Mad

                                                                        C.M.A.No.2943 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 06.01.2023
                                                     CORAM
                          THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                             C.M.A.No.2943 of 2022

                L.Rajini
                S/o.Lakshmanan
                Vinayagapuram
                Tondiarpet
                Chennai 600081                                          ... Appellant

                                                      Vs.
                1.Sundari
                8, N.K.Street,
                Krishna Nagar
                Vellore, Tamil Nadu.

                2.United India Insurance Co. Ltd.,
                45/1, New Thiruvalam Road
                Opposite to VIT University
                Kangeya Nallur
                Vellore 632 006.                                        ... Respondents


                Prayer : Appeal is filed under Section 173 of Motor Vehicles Act, 1988,

                against the Award and Decree dated 04.09.2019 made in MCOP. No.675 of

                2015 on the file of the Motor Accident Claims Tribunal, IV Small Causes Court,

                Chennai.


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https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.No.2943 of 2022




                                  For Appellant          : Mr.V.Balamurugan


                                             JUDGMENT

The Appeal has been filed against the Award and Decree dated

04.09.2019 made in MCOP. No.675 of 2015 on the file of the Motor Accident

Claims Tribunal/IV Court of Small Causes, Chennai.

2.The claim Petitioner is the Appellant herein chellanged the award

passed in MCOP.No.675 of 2015, dated 04.09.2019, on the file of the Motor

Accident Claims Tribunal/IV Court of Small Causes, Chennai, seeking

enhancement of compensation.

3.For the sake of convenience, the parties are referred to as per their

ranking before the trial Court.

4.The factum of the accident, manner of the accident, rash and negligent

driving on the part of the driver of the offending vehicle, insured with the 2nd

Respondent/Insurance Company are not in dispute and accordingly the same are

hereby confirmed.

https://www.mhc.tn.gov.in/judis C.M.A.No.2943 of 2022

5.The claim Petitioner filed MCOP.No.675 of 2015, seeking

compensation for the injuries sustained by him in a road accident occurred on

16.05.2014. The Tribunal awarded a sum of Rs.55,000/- to the claim

Petitioner.

6.During the trial, PW1 to PW3 were examined & Ex.P.1 to Ex.P.11

were marked on the side of the claim Petitioner and RW1 was examined &

Ex.R.1 was marked on the side of the Insurance Company.

7.In support of his claim, the claim Petitioner examined

PW2/Dr.Mathialagan and marked Ex.P.2/Medico legal opinion, Ex.P.4/X-ray,

Ex.P.9/copy of case sheet and Ex.P.10/another X-ray. The trial Court on

consideration of oral and documentary evidence adduced before the Tribunal,

come to a conclusion that as per copy of the case sheet/Ex.P.9 and as per the

evidence of Resident Medical Officer, Government Stanley Hospital, the claim

Petitioner got injury on the right foot and was admitted on 16.05.2014 in the

hospital and was absconded on 19.05.2014.

https://www.mhc.tn.gov.in/judis C.M.A.No.2943 of 2022

8.PW3/Doctor, who has not given treatment to the claim Petitioner,

assessed the disability of the claim Petitioner at 25%, as could be seen from

Ex.P.11. As per his evidence, there is pain and stiffness on the right leg of the

claim Petitioner and his ankle movement is restricted and his ankle flexibility is

only 00 to 300, but Pw3 had admitted in the cross examination that the claim

Petitioner has not underwent any surgery. He is not assessed the disability in

respect of the whole body and has also not produced any working sheet to arrive

the quantum of disability. Though Ex.P.10/X-ray was produced, certificate and

report were not produced and therefore, the trial Court has fixed the disability at

10%. Taking note of the fact that the accident is of year 2014, the trial Court

fixed Rs.3,000/- per percentage of disability and awarded a sum of Rs.30,000/-

for disability and by adding Rs.25,000/- towards pain and sufferings, loss of

amenities, extra nourishment, attender charges, damages to clothes, granted a

sum of Rs.55,000/- as total compensation.

9.Admittedly, no document was produced to show as to whether the

claim Petitioner was treated as inpatient in the hospital and admittedly, no

surgery was done on him. Hence, I find that the amount awarded by the

Tribunal is just, fair and does not want any interference of this Court.

https://www.mhc.tn.gov.in/judis C.M.A.No.2943 of 2022

10.Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs.

06.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order

sai

To

The IV Judge, Court of Small Causes, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.2943 of 2022

RMT.TEEKAA RAMAN.J,

sai

C.M.A.No.2943 of 2022

Dated:06.01.2023

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