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2021 DIGILAW 2792 (MAD)

A. Thamaraikani v. R. Yasar Arabath

2021-10-08

S.ANANTHI

body2021
JUDGMENT : (Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to allow this Civil Miscellaneous Appeal by setting aside the fair and decreetal order, made in M.C.O.P.No.80 of 2018, dated 03.02.2021, on the file of the Motor Accident Claims Tribunal/Principal Sub-Court, Srivilliputtur.) 1. This Civil Miscellaneous Appeal has been filed by the appellant/claimant to enhance the award amount passed in M.C.O.P.No.80 of 2018, dated 03.02.2021, on the file of the Motor Accident Claims Tribunal/Principal Subordinate Court, Srivilliputtur. 2. It is a case of accident, which took place on 23.05.2018, at about 03.45 p.m., at Rajapalayam to Tirunelveli south north main road, near Murambu Karpagambal Spinning Mill Canteen, from north to south in the left side of the road. When the appellant/claimant was driving his Honda Stream Yoha bearing Registration No.TN-67-AL-0270 with his daughter who is a pillion rider, the Indica car belonging to the 2nd respondent herein bearing Registration No. TN-76-Q-5387 drove by the 1st respondent/driver came from the opposite side and dashed against the appellant and his daughter. Due to the said accident, the appellant and his daughter were caused injuries. 3. The claimant has filed a petition in M.C.O.P.No.80 of 2018 on the file of the Motor Accident Claims Tribunal/Principal Subordinate Court, Srivilliputtur, seeking compensation. 4. Before the Tribunal, on the side of the claimant one witness was examined as P.W.1 and marked fifty documents as Exs.P.1 to P.50. On the side of the respondents herein, no one was examined and document was marked. 5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the respondent and also on appreciating the evidences on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the car and directed the 3rd respondent/insurance company to pay a sum of Rs.39,57,688/- as compensation. 6. Against which, the appellant/claimant has filed this present appeal to enhance the award of compensation passed by the Tribunal. 7. Heard Mr. M. Thirunavukkarasu, learned counsel appearing for the appellant/claimant and Mr. A. Shajahan, learned counsel appearing for the 3rd respondent/insurance company. Perused the material documents available on record. 8. The 3rd respondent/insurance company has not filed any appeal against the award passed by the Tribunal. 9. 7. Heard Mr. M. Thirunavukkarasu, learned counsel appearing for the appellant/claimant and Mr. A. Shajahan, learned counsel appearing for the 3rd respondent/insurance company. Perused the material documents available on record. 8. The 3rd respondent/insurance company has not filed any appeal against the award passed by the Tribunal. 9. The learned counsel appearing for the appellant/claimant contended that the Tribunal has failed to award for medical bills which were marked as Ex.P.20 to Ex.P.24 and Ex.P.49. The appellant has filed a calculation memo. Already Ex.P.49 was discussed in the order passed by the Tribunal. Now, the appellant has claimed Rs.95,148/- under medical bills/Ex.P.20 to Ex.P.24. The aforesaid medical bills were marked without any objection. Entire medical expenses as per bills should be awarded. Ex.P.24 Ambulance bills were also granted by the Tribunal. 10. Now, the appellant is claiming enhancement of award of compensation are properly explained and therefore, this Court is inclined to enhance the award amount of Rs.77,948/-under medical bills/Ex.P.20 to Ex.P.23. 11. Finally, this Civil Miscellaneous Appeal is partly allowed. The award amount of Rs.39,57,688/- passed by the Motor Accident Claims Tribunal/Principal Sub-Court, Srivilliputtur in M.C.O.P.No.80 of 2018, dated 03.02.2021, is hereby modified. In addition to that a sum of Rs.77,948/- is hereby awarded towards enhancement of compensation [Rs.39,57,688/- + Rs.77,948/- =40,35,636/-] with interest 7.5% from the date of petition, till the date of realization. All the other terms the Tribunal awarded is confirmed. No Costs.