Madras High CourtCMA/3998/2019dismissed

Dineshkumar v. Vadivel

2023-04-12Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Dineshkumar Appellant Vs

1. Vadivel

2. The Branch Manager, The New India Assurance Company Limited, Pondicherry Respondents Prayer:- This Civil Miscellaneous Appeal has been filed, against the judgement and decree, dated, 18.02.2019, made in MCOP.No.828 of 2017, by the Additional Sub Judge (MACT) Pondicherry.

For Appellant :

Ms.K.Sivasankari For Respondents :

Mr.K.Thirunavukkarasu-R2 No Appearance-R1 JUDGEMENT

1. This Civil Miscellaneous Appeal has been filed, by the claimant, against the judgement and decree, dated, 18.02.2019, made in MCOP.No.828 of 2017, by the Additional Sub Judge (MACT) Pondicherry.

2. The claimant has filed the claim petition before the Tribunal, seeking a compensation of Rs.10,00,000/- on various heads, for the injuries sustained by him, in a motor road accident, which took place on 04.06.2017. The 1st Respondent herein/owner of the offending vehicle remained exparte. The 1/3

claim petition was resisted, on various grounds, by the 2nd Respondent/ Insurance Company, by filing a counter. On the side of the claimant, PW.1 was examined and Ex.P1 to Ex.P16 were marked and Ex.C1 was marked.

3. Finding that the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle, the Tribunal has awarded a total compensation of Rs.7,84,425/- with interest at 7.5% p.a. from the date of the claim petition till the date of realization, as detailed below:- Award Amount (Rs.) S.No Category Permanent Disability 126000.00 Pain and Suffering 80000.00 Medical Expenses 398425.00 Loss of income 75000.00 Rich and Nutritious food 25000.00 Attendants Charges 10000.00 Transportation Expenses 70000.00 Total Compensation 784425.00 Aggrieved by the quantum of compensation, this appeal has been filed by the claimant.

4. On considering the submissions of the learned counsel on either side and the entire materials placed on record, including the impugned order, this Court is of the view that impugned order passed by the Tribunal is a well considered and reasoned order, based on valid evidence, both oral and documentary and nothing is warranted to interfere with the same. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. Index:Yes/No 2/3

Web:Yes/No Speaking/Non Speaking Srcm A.A.NAKKIRAN, J.

Srcm To

1. The Additional Sub Court (MACT) Pondicherry.

2. The Record Keeper, VR Section, High Court, Madras 3/3