C.M.A.No.1894 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

C.M.A.No.1894 of 2021

G. S. Radhakrishnan

... Appellant / petitioner

Vs.

1. G. R. Aravind

[R1 remained ex-parte before Tribunal.

Hence notice to R1 dispensed with]

2. The National Insurance Company Limited,

Dharmapuri Branch,

Office at No.88F, Bye Pass Road,

Dharmapuri District – 636 701.

... Respondents/Respondents

Civil Miscellaneous Appeal filed under Section 173 of the

Motor Vehicles Act, 1988, against the Award and Decree dated 23.10.2019,

made in M.C.O.P.No.412 of 2018, on the file of the Motor Accidents Claims

Tribunal, Special District Judge, Dharmapuri.

For Appellant

: Mr. V. Sakkarapani

For Respondents

: No appearance

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C.M.A.No.1894 of 2021

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the claimant

for enhancement of compensation awarded in M.C.O.P.No.412 of 2018,

dated 23.10.2019, on the file of the Motor Accidents Claim Tribunal,

Special District Judge, Dharmapuri.

2. The parties are referred to hereunder according to their

litigative status and ranking before the Tribunal.

3. The case of the claimant is that on 03.03.2018 at about

7.00 a.m., he was travelling as a passenger in car bearing Registration

No.TN 29 AD 2077 belongs to the first respondent driven by one

Arumugam from Dharmapuri to Chennai. Due to rash and negligent driving

of the driver of the car it met with an accident and resulted in causing severe

injuries to him. For the injuries sustained by him, he has come forward with

the claim petition claiming compensation of Rs.50,00,000/- by invoking

Section 166 of the Motor Vehicles Act.

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C.M.A.No.1894 of 2021

4. The second respondent - Insurance Company has contested

the claim and disputed the manner in which, the accident had taken place

and the alleged negligent act against the driver of the car.

5. After analyzing the evidences, the Tribunal has held that the

driver Arumugam has negligently drove the car and resulted in causing

accident and subsequently, the Tribunal quantified the compensation and

awarded a sum of Rs.18,85,000/- as compensation along with interest at the

rate of 7.5% per annum from the date of claim petition till the date of

realization.

6. Aggrieved over the quantum of compensation awarded, this

appeal has been filed by the claimant herein for seeking enhancement of

compensation.

7. Ms. M. Malar, learned counsel for the appellant has

submitted that the only grievance raised by the claimant is that the Tribunal

has failed to award future medical expenses since the claimant, who was

aged about 77 years has sustained several multiple injuries and he has been

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C.M.A.No.1894 of 2021

fixed with various implants all over his body. Those implants have to be

removed and he requires further treatment and hence he has come forward

with this appeal seeking compensation under the Head of future medical

expenses.

8. On perusal of the award, it shows that the Tribunal has

constrained to award compensation under various heads including loss of

amenities. The claimant herein has sustained injuries as follows: “Head

injury, Right frontal sinus fracture, Right temporal bone fracture, Bifrontal

pneumocephalus, Right hip cnetral dislocation, Right posterior wall

acetabulam fracture, left distal radius fracture, Right elbow dislocation,

Right radial head fracture, Right 2^nd metacarpal shaft fracture and left 3^rd

and 4^th metacarpal shaft fracture”. Since the claimant has sustained various

multiple injuries all over his body, the Tribunal has treated the injuries as

functional disability and subsequently, awarded compensation under the

head of loss of future earning capacity. While awarding so, the Tribunal has

also awarded pain and sufferi