J U D G M E N T

The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.92 of 2014, dated 14.03.2017 on the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate), Virudhunagar District at Srivilliputhur.

2. The appellant/claimant, who was awarded with compensation of Rs.30,820/- for the injuries suffered by him consequent to an accident occurred on 09.12.2013, challenged the quantum of compensation awarded at by the Tribunal and claimed enhancement of the same.

3. It is not in dispute that in an accident occurred on 09.12.2013, the appellant had sustained the following injuries :

(i) Abrasion over parietal Scalp present.

(ii) Abrasion Right Gluteal region with tenderness, Edema. (iii) Sutured would Right thigh Lower third, Lateral aspect.

(iv) Sutured wound Right leg middle third anterolateral. (v) Edema Left Ankle present with Tenderness Left Leg.

4. It is evident from Ex.P.8/out-patient card and Ex.P.7/Accident Register extract that after the accident, he was taken to Government Hospital, Rajapalayam and after first-aid treatment, he was referred to Government Rajaji Hospital, Madurai for further treatment.

5. It is the specific case of the claimant that he was admitted in G.V.Ortho Centre, Rajapalayam on 09.12.2013 and was discharged on 14.12.2013. It is evident from Ex.P.9 that he was given conservative management for multiple injuries sustained in the accident occurred on

09.12.2013.

6. It is the further case of the claimant that he was taking out-patient treatment continuously in G.V.Ortho Centre, Rajapalayam; that subsequently, he was admitted in A.R.Hospital, Madurai on 08.09.2014 for left knee ligament injury and after surgery, he was discharged on 11.09.2014; that the claimant had spent more than Rs.1,50,000/- for medical expenses; that the claimant, after the treatment, is unable to sit, stand, walk, squat and cycling; that he has suffered permanent disability and that therefore, he was not in a position to do any work as before.

7. The defence of the second respondent/insurer is that the claimant has suffered only simple injuries in the accident occurred on 09.12.2013; that the claimant, after treatment has completely recovered from the injuries; that the complainant's contention that he had ligament injury on his left knee and got in-patient treatment and underwent surgery, has no connection whatever with the injuries sustained in the accident occurred on 09.12.2013 and that therefore, the claimant is not entitled to claim any amount for the disability allegedly sustained due to left knee ligament injury and for the medical expenses incurred with respect to the same.

8. The claimant has produced MRI Scan report, Referral Slip issued by the G.V.Ortho Centre, Rajapalayam, Discharge Summary issued by the A.R. Hospital, Madurai, Medical prescriptions and bills, M.R.I. Films and X-Ray under Ex.P.10 to Ex.P.18.

9. In Ex.P.12/Discharge summary issued by the A.R Hospital Private Limited that the claimant was diagnosised to have ACL Tear with both meniscus tear with chondral injury patella/medial femoral ligament left knee and was treated with arthroscopic ACL reconstruction with quadpled hamstring graft fixed with endobuttress and titanium screws, partial menisectomy of both meniscus with chondraplasty patella/MFL.

10. It is pertinent to note that when the claimant was admitted in A.R Hospital, he had complaints of pain and swelling of left knee, restricted movements over (LT) knee and instability (LT) knee while walking. In Ex.P.10/MRI Scan report, it has been specifically stated that there was complete rupture of ACL from femoral attachment site with hyperbuckling of PCL representing grade III ACL injury, complex tear of posterior horn of medial meniscus disrupting the lateral postero inferior articular surfaces, partial strain of inner fibers of proximal attachment site of PCL seen, Degeneration with vertical tear of lateral meniscus seen, mild synovial effusion seen, partial thickness chon