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2012 DIGILAW 4328 (MAD)

M. Rajendran v. K. Manickkam

2012-10-16

P.DEVADASS

body2012
Judgment :- 1. In this appeal, the appellant, seeks enhancement of compensation. 2. On 28.02.2003, the appellant sustained injury in a road accident. The Tribunal mainly on account of absence of fracture granted him only Rs.7,500/- as compensation. 3. The learned counsel for the appellant referred to the evidence of P.W.2, disability Certificate and X-rays and contended that the appellant had sustained major injury in his leg, however, the Tribunal granted him very very less compensation. 4. On the other hand, the learned counsel for the Insurance Company submitted that as per the evidence of doctor (R.W.1), there was no fracture and treatment record also has not been produced. Exaggerated version in the claim petition will not be a ground to enhance the compensation amount. 5. I have considered the rival submissions and perused the materials on record and went through the impugned judgment. 6. The accident was on 28.02.2003. Of course, there was no fracture in the affected leg. In all disability cases, there need not be fracture. There are cases in which there may not be fracture but still there will be disability. There may be disability due to deformity, although there may not be fracture. 7. P.W.2 examined the appellant (P.W.1) and determined his disability at 9% and issued him disability certificate. Of course, he has not treated him. But, he has examined him, perused his medical record, seen the X-rays and determined his disability. He can do so. It can be acted upon, if it is reliable. So, it is not that the doctor, who treated the injured alone can (competent) determine the extent of disability occasioned to the road accident victims. 8. The appellant has also stated to have underwent surgical treatment. In the facts and circumstances, the Tribunal seems to have completely minimised the nature and extent of the injury and its effect upon him and that has resulted in the Tribunal granting him very less compensation. This is not granting him 'just compensation'. 9. In the circumstances, the Rs.7,500/-awarded by the Tribunal is deleted. Instead, the appellant is granted compensation as under: 10. In the result, the award of the Tribunal is modified. The appellant is awarded a total compensation of Rs.30,000/- with 9% interest p.a. from the date of filing the original petition till deposit. This is not granting him 'just compensation'. 9. In the circumstances, the Rs.7,500/-awarded by the Tribunal is deleted. Instead, the appellant is granted compensation as under: 10. In the result, the award of the Tribunal is modified. The appellant is awarded a total compensation of Rs.30,000/- with 9% interest p.a. from the date of filing the original petition till deposit. Within four weeks from the date of receipt of a copy of this Judgment, the third respondent shall deposit the entire modified compensation amount less amount, if any already deposited. On such deposit, the appellant is permitted to withdraw the entire amount, less amount, if any already withdrawn. This Civil Miscellaneous Appeal is allowed to the extent indicated above. No costs.