BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 05.08.2021 Delivered On : 24.08.2021 CORAM THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.1078 of 2014 Duraipazham ..Appellant Vs.

1.Rajagopal

2.United India Insurance Co. Ltd., Xavier building, 2nd Floor, PWD Road, Nagercoil – 629 001, Kanyakumari District.

3.Shri Renganatha Match Industries, Door No.43, Main Road, Kovilpatti – 628 502, Thoothukudi District.

4.United India Insurance Co. Ltd., Door No.924/A, Main Road, C.C.C. Complex, Kovilpatti – 628 501.

Thoothukudi District. .. Respondents (3rd respondent set exparte before Tribunal.

Hence, he is given up)

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 28.02.2014 passed in M.C.O.P.No.7 of 2013, on the file of the Motor Accidents Claims Tribunal/(II Additional District Court), Tirunelveli.

For Appellant : Mr.V.Sasi kumar For 2^nd Respondent : Mr.N.Dilip kumar For 1^st Respondent : No Appearance For 3^rd Respondent : Exparte vide in E.B.

JUDGMENT

This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.7 of 2013 dated 28.02.2014, on the file of the Motor Accidents Claims Tribunal/II Additional District Judge, Tirunelveli.

2.The appellant herein is the petitioner and the respondents 1 to 4 herein are the respondents in the claim petition. The appellant herein has filed a claim petition in M.C.O.P.No.7 of 2013, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 12.10.2012. The Tribunal has awarded a sum of Rs.5,15,000/- (Rupees Five Lakhs and Fifteen Thousand only) as compensation. Against which, the appellant has preferred this appeal.

3.A brief substance of the claim petition in M.C.O.P.No.7 of 2013 is as follows:

The claimant was aged about 55 years at the time of accident and was earning a sum of Rs.9,000/- (Rupees Nine Thousand only) per month. On 12.10.2012, at 06.00 p.m., the claimant was travelling in the lorry bearing registration No.TN-72-L-8645 that belongs to the first respondent along the Madurai to Tirunelveli National Highways. The driver of the lorry drove the vehicle in a rash and negligent manner and dashed against another lorry bearing registration No.TAC-1661 that belongs to the third respondent, which was stationed on the left side of the road. The claimant sustained injuries and was taken to TMVM hospital and took treatment as 'in patient' on 12.10.2012 and then he took treatment as 'inpatient' in Sri Ram Hospital, Nagercoil from 13.10.2012 to 11.11.2012. The claimant was permanently disabled and he claimed a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) towards compensation.

4.The brief substance of the counter filed by the respondents 2 and 4 therein is as follows:

The claimant was not the cleaner and he was a gracious passenger. He is not entitled to get any compensation. The claimant has to prove the age, occupation, income and the manner of the accident. The claim is excessive.

5.On the side of the petitioners, 2 witnesses were examined and 12 documents were marked. On the side of the respondents, no witness was examined and no document was marked. After trial, the Tribunal has awarded a sum of Rs. 5,15,000/- (Rupees Five Lakhs and Fifteen Thousand only) as compensation to be paid by the respondents 1 and 2. Against which, the appellant has preferred this Civil Miscellaneous Appeal.

6.On the side of the appellant, it is stated that the appellant sustained grievous injuries and the disability is 57%. The compensation awarded towards pain and suffering is very low. The compensation for future medical expenses has to be enhanced. Loss of income for the period of treatment was not awarded. The award amount under various other heads are also to be enhanced. On the side of the appellant, it is stated that the appellant worked as the cleaner in the lorry. No amount was awarded for loss of amenities, future medical expenses and attendant charg