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2015 DIGILAW 427 (MAD)

Tahsildar Ramanathapuram v. Meenal

2015-01-27

D.HARIPARANTHAMAN

body2015
Judgment 1. The appeal is against the judgment and decree dated 28.10.2010 made in M.C.O.P. No. 158 of 2007 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Paramakudi, wherein, compensation of Rs.98,250/- was awarded for injuries suffered by the first respondent. 2. The accident is not disputed. The accident had taken place due to the fault of the second respondent. The records viz., wound certificate, disability certificate, x-ray and other documents are also produced. The first respondent was treated in the Government Rajaji Hospital, Madurai for a period of 35 days from 27.04.2007 to 29.05.2007. 3. In these circumstances, even though the doctor, who had treated the injured has issued Ex.P13, disability certificate saying that the injured has suffered 34% of disability, the Tribunal had considered the same and fixed the disability at 30% and awarded a sum of Rs.60,000/-. For the loss of earning, the Tribunal awarded a sum of Rs.3,300/- taking into account the fact that she was treated in the Government Rajaji Hospital for 33 days. The Tribunal awarded Rs.25,000/- towards pain and suffering. Thereafter, the Tribunal awarded Rs.3,300/- for attendants and Rs.1,650/- for Nutrition and further awarded a sum of Rs.5,000/- for Transport. In total, only Rs.98,250/- was awarded. 4. Perusing the award, in my view, there is no infirmity. Even though in the disability certificate, it was mentioned that the first respondent suffered 34% disability, the Tribunal has reduced the same at 30% and accordingly, awarded a sum of Rs.60,000/-. The Tribunal did not apply multiplier method. 5. In fact, the compensation awarded by the Tribunal is not excessive. I do not find any infirmity in the award passed by the Tribunal and hence, the appeal is rejected. No costs. The claimant is permitted to withdraw the entire amount.