IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.06.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.1167 of 2024 and C.M.P.No.4327 of 2022 in CMA Sr.No.19814 of 2022 Gail Maria D/o.Royal Johnson ... Appellant Vs.

1.Mohamed Nawas P.H.

S/o.P.Hajepeer Mohideen (since R1 remained ex parte before the Tribunal his presence may be dispensed with)

2.ICICI Lombard General Insurance Company Limited, No.140, Chottabi Centre 2nd Floor, Nungambakkam High Road, Chennai - 600 034. ... Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.10.2017 made in M.A.C.T.O.P.No.4525 of 2013 on the file of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.

For Appellant : Mr.A.Subadra For Respondents : Mr.R.Michael Visuvasam for Mr.R.V.Sivaraj [R2]

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JUDGMENT

The appellant/claimant, not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, in M.A.C.T.O.P.No.4525 of 2013, dated

26.10.2017, has filed the present appeal.

2. The case of the claimant is that on 03.04.2013 when she was walking in the road near T.Nagar along with two others and was nearing G.N.Chetty road, at about 16.15 hours, the offending vehicle, which was a two wheeler was ridden in a rash and negligent manner and it dashed the claimant resulting in the claimant losing her four front teeth and also sustaining dental alveolar fracture. The claimant undertook treatment as an inpatient for nearly six days from 03.04.2013 to 08.04.2013 and she underwent correction procedure. The doctor, who treated the claimant, assessed the disability at 35% partial and permanent disability. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for compensation.

3. The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a categorical conclusion that the accident had taken place only due to the rash and negligent riding of the two wheeler. After having come to such a conclusion, the Tribunal fixed the total compensation at Rs.1,08,500/-

(rounded off to Rs.1,09,000/-) under various heads as follows:

The above compensation was directed to be paid with interest at 9% p.a.

4. The appellant/claimant, not being satisfied with the quantum of compensation awarded by the Tribunal, has filed the present appeal seeking for enhancement of compensation.

5. Heard Ms.A.Subadra, learned counsel for appellant/claimant and Mr.R.Michael Visuvasam, learned counsel for second respondent.

6. This Court carefully considered the submissions made on either side and the materials available on record.

7. This Court also carefully went through the award passed by the Tribunal.

8. In the instant case, the nature of injuries sustained by the claimant has already been taken note of. The claimant had to undergo fracture stabilization with dental care and was taking treatment for nearly six days as an inpatient. The disability was assessed by the doctor, who treated the claimant at 35% partial and permanent disability. The Tribunal had fixed the disability at 10% and granted Rs.3,000/- per percentage. Considering the nature of injuries sustained by the claimant in the face, this Court is inclined to fix the disability at 25%. Accordingly, the compensation under the head 'disability' would be Rs.75,000/- (3,000 *

25).

9. The claimant has taken treatment as an inpatient for six days and therefore, this Court is inclined to fix the compensation under the head 'attender charges' at Rs.6,000/-.

10. The claimant