The main legal point established is the determination of compensation for injuries and medical expenses under the Motor Vehicles Act.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P. No. 243 of 2014 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Tuticorin, dated 28.05.2020.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P. No. 244 of 2014 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Tuticorin, dated 28.05.2020.)

Common Judgment:

1. C.M.A.(MD)No.955 of 2012 has been filed against the award, dated 29.04.2011, made in M.C.O.P.No.243 of 2014, on the file of the Motor Accident Claims Tribunal – I Additional Subordinate Judge, Tiruchirappalli. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original claim petition.

2. C.M.A.(MD)No.956 of 2012 has been filed against the award, dated 29.04.2011, made in M.C.O.P.No.244 of 2014, on the file of the Motor Accident Claims Tribunal – I Additional Subordinate Judge, Tiruchirappalli. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original claim petition.

3. Brief substance of the petition in M.C.O.P.No.243 of 2014 is as follows:-

On 30.05.2013, the petitioner travelled as a pillion rider in a Scooty bearing Registration No.TN-69-AH-4956 along with her father and 3 years old child- Anumithra along the Thoothukudi to Palayamkottai road, near VVD junction, at that time a tipper lorry bearing registration No.TN-69-AZ-3366, driven by its driver, in a rash and negligent manner, dashed against the Scooty. The petitioner sustained injuries. She was given first aid in Thoothukudi Government Hospital, then, she was admitted as inpatient in AVM Hospital. Her right leg was amputated, below the knee joint. She took treatment as inpatient from 30.05.2013 till 13.06.2013, again, she took treatment as inpatient from 13.06.2013 till 17.06.2013, the petitioner claimed a sum of Rs.50,00,000/- as compensation.

4. Brief substance of the petition, in M.C.O.P.No.244/ 2015, is as follows:-

In the accident, the petitioner who was a pillion rider, viz., Minor.Anumithra, sustained injuries. Her left eye lid was affected. There were several scares on the face. She took treatment as inpatient from 30.05.2013 till 21.06.2013, again, she took treatment as inpatient from 21.01.2014 till 24.01.2014, she undergone surgeries. Since the left eye lid is not available, there is possibility of dust particles to entire the eye. The petitioner claimed a sum of Rs.50,00,000/- as compensation.

5. Brief substance of the counter filed by the first respondent, in both M.C.O.P.No.243 of 2014 and M.C.O.P.No.244 of 2014 , is as follows:-

The first respondent is the owner of the vehicle - tipper lorry, bearing Registration No.TN-69-AZ-3366. It was the rider of the scooty, who crossed the road, without observing the traffic. The tipper lorry was insured with the second respondent. The Insurance policy was in force at the time of accident. The driver of the lorry was having valid driving licence. The claim is excessive. The second respondent is liable to pay compensation.

6. Brief substance of the counter filed by the second respondent, in M.C.O.P.No.243 of 2014, is as follows:-

The petitioner has to prove the manner of the accident, injuries, mode of treatment, medical expenses. The petitioner has to prove that she has spent Rs.1,03,938/- for medical expenses, she has to prove that she spent Rs.1,25,250/- to fix artificial leg and she need future medical expenses. It was the rider of the scooty, who crossed the road, without observing the upcoming lorry. The petitioner has to prove that the lorry was insure