C.M.A.No.755 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

C.M.A.No.755 of 2020

T.K.Ganesh

... Appellant/Petitioner

Vs.

1.Krishna Samudhram Radha

2.The Oriental Insurance Co. Ltd.,

Motor Third Party Claims,

No.115 & 116, Prakasam Salai,

Broadway, Chennai – 108.

3.K.Chittibabu

... Respondents/Respondents

Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor

Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.789 of

2015 dated 18.11.2019 on the file of the Motor Accident Claims

Tribunal/(Special Sub Court No.1, Motor Accidents Claims Petitions), Small

Causes Court, Chennai.

For Appellant

: M/s.Ramya V.Rao

For Respondents

: Not Ready in Notice [R1]

Mr.R.Sivakumar [R2]

No Appearance [R3]

*****

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C.M.A.No.755 of 2020

JUDGMENT

Aggrieved by the compensation granted by the Motor Accident Claims

Tribunal (Special Sub Judge No.1, Motor Accidents Claims Petitions), Small

Cause Court, Chennai in M.C.O.P.No.789 of 2015, the claimant is before

this Court.

2. On 20.08.2014 at about 16.30 hrs., while the petitioner was riding

the motorcycle bearing Reg.No.AP 03 N 2759 on Nagari to Pattur Main

Road towards Puttur, an auto bearing Reg.No.AP 03 Y 3796 driven by its

driver in a rash and negligent manner came from the opposite direction at

Marati gate and lost control over the vehicle and dashed against the

petitioner. Thereby the petitioner sustained grievous injuries. Therefore, he

filed a petition claiming a sum of Rs.10,00,000/- as compensation for the

injuries sustained by him.

3. Before the Tribunal, the claimant examined himself as P.W.1 and

marked Ex.P.1 to Ex.P.7. No witnesses were examined nor any documents

were marked on the side of the respondents. Tribunal has marked the

Disability Certificate issued by Medical Board as Ex.C.1. The Tribunal, on

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C.M.A.No.755 of 2020

considering the oral and documentary evidence, awarded a sum of

Rs.1,63,750/- under various heads. Not satisfied with the same, the

appellant/claimant has preferred the present appeal seeking enhancement.

4. The learned counsel appearing for the appellant submitted that,

when the Tribunal has accepted that the auto was driven in a rash and

negligent manner and was the cause for the accident and when the Medical

Board assessed the diability of the appellant at 30%, the compensation

awarded by the Tribunal is grossly inadequate. She also submitted that, for

the disability sufferred by the appellant, the amount of Rs.3,000/- per

percentage of disability awarded by the Tribunal is wholly inadequate.

Further, she submitted that the amount awarded under the heads pain and

suffering and loss of earnings is also minimal, since the appellant has taken

treatment in the hospital for more than a period of two months and the same

requires enhancement.

5. Per contra, the learned counsel appearing for the second respondent

submitted that, the amount of Rs.3,000/- awarded per percentage of disability

is reasonable and so also the compensation awarded under the other heads,

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C.M.A.No.755 of 2020

which does not require any enhancement. Accordingly, he prays for

dismissal of the appeal.

6. Heard the learned counsel appearing for the appellant and the

learned counsel appearing for the second respondent and perused the

materials available on record.

7. The factum and manner of the accident is not in dispute. Therefore,

this Court is not entering into the said aspect. The only grievance of the

claimant is with regard to the quantum of compensation awarded. In this

regard, this Court perused Ex.C.1, which is the disability certificate issued by

the Regional Medical Board, Government Kilpauk Medical College

Hospital, Chennai and