Ganesan v. Vittaldas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.1643 of 2024 Ganesan ... Appellant .vs.

1.Vittaldas 2.Sachidananda 3.The IFFCO TOKIO General Insurance Co., Ltd., Sri Nivasam Arcade, 1st Floor, No.9/4, Advaitha Ashram Road, Salem - 636 004.

..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the decree order in MCOP No.162 of 2022, dated 12.01.2023, on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge No-II, Salem.

For Appellant : Mr.T.S.Arthanareeswaran For Respondents : Mr.J.Michael Visuvasam for R3 1/4

JUDGMENT

The claimant not being satisfied with the quantum of compensation awarded by the Tribunal in MACT OP No.1927 of 2016, dated 20.01.2023 has filed this appeal seeking for enhancement of compensation. 2.Heard Mr.T.S.Arthanareeswaran, learned counsel appearing on behalf of the appellant and Mr.J.Michael Visuvasam, learned counsel appearing on behalf of the 3rd respondent.

3.In the instant case, the claimant sustained pain at the injury site and difficulty in using little finger left hand. The disability was assessed at 5% by the Medical Board. The claimant undertook treatment only as an out patient. The Tribunal has fixed the total compensation at Rs.81,000/- under various heads and 75% liability was attributed against the Insurance Company. 4.In the considered view of this Court, the compensation granted by the Tribunal is very reasonable and it does not require the interference of this Court. 2/4

5.Accordingly, this civil miscellaneous appeal stands dismissed. No Costs.

12.07.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr To The Motor Accident Claims Tribunal / Special Subordinate Judge No-II, Salem. 3/4

N. ANAND VENKATESH., J ssr CMA No.1643 of 2024 12.07.2024 4/4