The Branch Manager v. Gopi,S/O.Ramasamy Pillai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.5962 of 2018 The Branch Manager, Reliance General Insurance Company Limited, No.33, Bethesda Complex, WCC Road, Nagercoil.

... Appellant/2nd Respondent Vs.

1.Gopi ... 1st Respondent/1st Petitioner 2.Bharath ... 2nd Respondent/2nd Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree, dated 28.12.2017 passed in M.C.O.P.No.1516 of 2016 on the file of the Motor Accident Claims Tribunal, II Additional District and Sessions Judge, Tirunelveli and allow the present Civil Miscellaneous Appeal. For Appellant : Mr.K.Gokul For R-1 : Mr.P.Samuel Gunasingh R-2 : Dismissed for default 1/5

JUDGMENT

The instant appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal / II Additional District and Sessions Court, Tirunelveli, primarily on the ground of quantum.

2. It is contended by the injured claimant that he is 65 years old and he was a Mason earning a sum of Rs.12,000/- per month at the time of the accident. Hence, he had claimed a compensation of Rs.12,00,000/-.

3. The Tribunal has relied upon Exhibit P.6 disability certificate and arrived at the disability at 30% and awarded a sum of Rs.2,000/- per percentage of disability. The Tribunal has further awarded a sum of Rs.25,000/- towards pain and sufferings, loss of income during the treatment period at Rs.19,500/-, Rs.25,000/- towards medical expenses, Rs.15,000/- towards future medical expenses, Rs.5,000/- towards cost of attender, Rs.10,000/- towards extra nourishment and Rs.5,000/- towards transport charges. Totally, a sum of Rs.1,64,000/- has been awarded. This award is under challenge in the present appeal. 2/5

4. According to the learned Counsel appearing for the appellant, the Tribunal has erroneously proceeded to award compensation under the head of medical expenses as well as future medical expenses without any documents having been filed on the side of the claimant. Hence, he had prayed for allowing the appeal.

5. A perusal of the award indicates that Exhibit P.6 disability certificate has assessed the disability at 46.7%. However, the Tribunal has assessed the disability only at 30%. The Tribunal has calculated only a sum of Rs.2,000/- per percentage of disability for an accident that has taken place in the year 2016. The Tribunal has fixed the medical expenses and future expenses based upon the Exhibit P.2 discharge summary and Exhibit P.5 CT scan report. Therefore, this Court does not find any reason to interfere in the quantum of the award. There are no merits in the appeal and the appeal stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Motor Accident Claims Tribunal, II Additional District and Sessions Judge, Tirunelveli.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

BTR Judgment made in 01.08.2024 5/5