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2021 Supreme(Online)(MAD) 47359

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
SATHISH KUMAR – Appellant
Versus
SIVA – Respondent


J U D G M E N T

The claimant, who had suffered injuries in a motor accident that occurred on 17.03.2017 is before this Court by way of an appeal, seeking enhancement of the compensation awarded in MCOP.No.1952 of 2017 on the file of the IV-Judge, Small Causes Court, Chennai.

2.As a result of the accident, the claimant suffered grevious injuries on the left shoulder and he was operated upon, implants are also made. According to the learned counsel for the appellant, even now, the claimant is in and out of hospital. The claimant assessed the compensation payable to him at Rs.10,00,000/-.

3.The claim was resisted by the Insurance Company contending that the accident occured due to the rash and negligent driving of the car, in which, the claimant was travelling. The quantum of compensation claimed was also termed as excessive. At trial, the claimant was examined as P.W.1 and Exs.P1 to P9 were marked. Neither oral nor documentary evidence was produced on the side of the Insurance Company. The claimant was referred to the Medical Board and disability certificate issued by the Medical Board was marked as Ex.C1. The Tribunal fixed the compensation payable to the claimant under various heads

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