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2015 DIGILAW 453 (MAD)

District Superintendent of Police, Pudukkottai v. G. Murugesan

2015-01-28

D.HARIPARANTHAMAN

body2015
Judgment 1. The appeal is against the judgment and decree dated 05.05.2011 made in M.C.O.P.No.49 of 2010 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Pudukkottai, wherein, compensation of Rs.9,74,800/- was awarded for injuries suffered by the respondent/claimant. 2. The accident is not disputed. The accident had taken place due to the fault of the driver of the first appellant. The records viz., wound certificate, disability certificate, prescriptions, x-ray, C.T.scan and other documents are also produced. The respondent became unconscious soon after the accident and he was continuously in a paralytic condition and unconscious stage for over eight months. 3. The doctor, who examined the respondent deposed that the petitioner had sustained severe head injuries and his right side body has become functionless, useless and senseless and he suffered functional disability and he was unable to walk without the assistance of somebody and he took continuous medical treatment in various hospitals by spending huge amounts. Exs.P19, 24 and 26 would show that the injured suffered disability at 132%. In such circumstances, the Tribunal had considered the same and fixed the disability at 80% and awarded a sum of Rs.9,74,800/- under various heads: i) Compensation amount towards 80% permanent disability Rs. 5000 x 12 x 16 x 80%: Rs. 7,68,000.00 (ii) Compensation amounts towards pain and sufferings: Rs. 5,000.00 (iii) Compensation amount towards transport expenses, extra nourishment, etc.: Rs. 5,000.00 (iv) Compensation amounts towards medical expenses as per medical bill Ex.P11 and P23 and taxi fare bills as per Ex..P9 and P13: Rs. 1,96,800.00 Total Rs. 9,74,800.00 4. Perusing the award, in my view, there is no infirmity. Even though in the disability certificates, it was mentioned that the respondent suffered 132% disability, the Tribunal has fixed the same at 80% and accordingly, awarded a sum of Rs.9,74,800/-. 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/respondent is permitted to withdraw the entire award amount deposited by the appellants.