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C.M.A.No.1443 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

C.M.A.No.1443 of 2021

Abdulla ... Appellant

Vs.

1.Jeeva

2.United India Insurance Company Limited,

No.134, Greams Road,

IV Floor, Anna Salai,

Chennai – 600 006. ... Respondents

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

Vehicles Act, 1988 against the Judgement and Decree dated 19.08.2019

made in M.A.C.T.O.P.No.3207 of 2017 on the file of the Motor Accident

Claims Tribunal, II Court of Small Causes, Chennai.

For Appellant : Ms.A.Subadra

For Respondents : Exparte [R1]

Mr.D.Bhaskaran [R2]

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C.M.A.No.1443 of 2021

JUDGMENT

The above appeal is filed by the claimant seeking an enhancement

of the compensation awarded by the Motor Accidents Claims Tribunal, II

Court of Small Causes, Chennai in M.C.O.P.No.3207 of 2017.

2. As per the claim petition, on 16.04.2017 at 06.00 p.m., when the

claimant was riding his motorcycle bearing Regn.No.TN-05-X-0020 at

Pantheon Road, an auto bearing Regn.No.TN-05-AF-2782 belonging to

the first respondent and insured with the second respondent/insurance

company, driven by its driver in a rash and negligent manner, dashed

against the claimant, thereby, he sustained multiple grievous injuries.

Therefore, the claimant had filed a claim petition claiming a sum of

Rs.35,00,000/- for the injuries sustained by him in the road accident.

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

and examined the doctor as P.W.2 and marked 12 documents viz., Ex.P.1

to Ex.P.12. No witnessess were examined nor any documents were

marked on the side of the respondents. After adjudication, the Tribunal

awarded a sum of Rs.1,17,300/- as compensation to the claimant. Not

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C.M.A.No.1443 of 2021

satisfied with the same, the claimant has preferred the present appeal

seeking enhancement.

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

though the individual doctor has assessed the disability at 15%, however,

the Tribunal had fixed the disability only at 10% and awarded a sum of

Rs.30,000/- towards disability by fixing a sum of Rs.3,000/- per

percentage of disability, which is wholly unsustainable and the same

requires to be re-considered by this Court. Further, the compensation

awarded under the other heads are on the lower side and the same

requires enhancement. Accordingly, he prays for appropriate

enhancement in favour of the appellant.

5. The learned counsel appearing for the second

respondent/Insurance Company submitted that, by considering all the

materials on records, the Tribunal has awarded compensation in favour of

the appellant/claimant under various heads, which are just and reasonable

and the same does not require any interference. Accordingly, he prays for

dismissal of the appeal.

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C.M.A.No.1443 of 2021

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

learned counsel appearing on behalf of the second respondent and also

perused the materials available on record.

7. The factum and manner of the accident is not disputed by the

parties. Therefore, this Court is not entering into the said aspect. The only

grievance of the appellant/claimant is with regard to the quantum of

compensation awarded by the Tribunal. Though the appellant had

sustained multiple grievous injuries, however, he was treated as inpatient

in the hospital only for four days, for which, the doctor has assessed the

disability at 15% without any materials. In order to prove the disability,

the appellant has not produced any documents before the Tribunal,

thereby, the Tribunal has assessed the disability at 10% and awarded a

sum of Rs.30,000/- towards disability by fixing a sum of Rs.3,000/-.

However, at the relevant point o