C.M.A.(MD)No.1078 of 2014

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/Petitioner

Vs.

1.Rajagopal

2.United India Insurance Co. Ltd.,

Xavier building, 2^nd 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/Respondents

(3^rd 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.

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C.M.A.(MD)No.1078 of 2014

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