C.M.A(MD)No.854 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 02.08.2023

Delivered on : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

C.M.A(MD)No.854 of 2017

M.Jeyamurugan

: Appellant/Petitioner

Vs.

1.T.Chandran

2.Claims Manager,

Bajaj Allianz General Insurance Co., Ltd.,

142/7, I Floor, Sri Bajaj Arcade,

Trivandrum Road, Murugankurichi,

Palayamkottai, Tirunelveli 627 002. : Respondents/Respondents

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of

Motor Vehicles Act, against the fair and decreetal order, dated

14.03.2017 made in M.C.O.P.No.92 of 2014 on the file of the Motor

Accident Claims Tribunal (Chief Judicial Magistrate), Virudhunagar

District at Srivilliputhur.

For Appellant : Mr.N.Tamil Mani

For Respondents : Mr.M.Thirunavukkarasu, for R1.

: Mr.V.Sakthivel, for R2.

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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.

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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.

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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 prescri