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2023 Supreme(Mad) 848

R. VIJAYAKUMAR
C. Ganapathy – Appellant
Versus
Tamil Nadu State Transport Corporation, Represented by its Managing Director, Kumbakonam – Respondent


Advocates appeared:
For the Appellant :A.S. Mathialagan, Advocate. For the Respondent:D. Sivaraman, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and set aside the judgment and decree dated 12.01.2016 passed in M.C.O.P.No.217 of 2015 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Kumbakonam.)

1. The appeal has been filed by the claimant seeking enhancement of the award passed by the Motor Accident Claims Tribunal, Kumbakonam in MCOP.No.217 of 2015.

2. The injured claimant had filed a claim petition contending that he is a Flower Vendor having a monthly income of Rs.15,000/-. He had further contended that the accident had taken place on 18.02.2015. He had sustained fracture in the right hand, left leg and there was an amputation below the thigh of the left leg. He had further contended that there are grievous injuries in the chest portion which had affected his lungs for which he had underwent a surgery. According to him, he had sustained injuries in the left shoulder and in right leg.

3. The claimant had filed Exhibit P2-discharge certificate, Exhibit P3-scan report, Exhibit P4-lab report, Exhibit P13-discharge summary and Exhibit P17- wound certificate. The claimant had examined himself

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