Mani v. Marimuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Mani ... Appellant vs.

1.Marimuthu 2.National Insurance Co.Ltd., 2nd Floor, L.R.N.Building, Saradha College Road, Salem - 636 007.

... Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order in M.C.O.P.No.182 of 2020 dated 19.04.2022 on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge No-II, Salem.

For Appellant : Mr.C.Paraneedharan

JUDGMENT

The claim petitioner has filed this application for enhancement of compensation for the injury sustained by him in the road accident.

2. Based upon the evidence let in, the Tribunal has rightly come to the conclusion that both respondents are jointly and severally liable to 1/3

pay compensation.

RMT.TEEKAA RAMAN,J., nvi

3. Based upon the Ex.C1, Disability certificate issued by the Medical Board fixing 25% permanent disability and taking note of the fact that the accident took place in the year 2018, Rs.5,000/- per percentage has been awarded. Compensation awarded on other heads appears to be very reasonable and in fact, slightly on the higher side also. Therefore, I find that the award of Rs.3,49,489/- for the injury sustained by the petitioner is just and reasonable. Hence, I do not find any reason to interfere with the award of the Tribunal.

4. The Civil Miscellaneous Appeal is dismissed. No costs. 20.12.2022 Index : Yes / No Speaking Order : Yes / No nvi To

1. The Motor Accident Claims Tribunal (Special Subordinate Judge No.II, Salem.

2. The Section Officer, V.R.Section, High Court of Madras, 2/3

Chennai.

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