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2025 DIGILAW 2296 (MAD)

T. S. Balaji, S/o Late Mr. TP. Swaminathan v. Sivasankar, S/o. Andiyappan

2025-04-25

A.D.MARIA CLETE, R.SURESH KUMAR

body2025
JUDGMENT : A.D. Maria Clete, J. The present Civil Miscellaneous Appeal is directed against the judgment and award dated 28.03.2024 passed by the Motor Accident Claims Tribunal (Special Subordinate Judge for MCOP Cases), Coimbatore, in M.C.O.P. No. 58 of 2019. 2. The brief facts of the case is that the appellant herein, who was the claimant before the Tribunal, had sustained injuries in a road accident that occurred on 18.06.2018. On the said date, the appellant, aged about 59 years and employed as a Junior Manager at Jain Irrigation Systems Ltd., was riding a two-wheeler bearing Registration No. TN-78-V-6528. At around 9:00 a.m., while he was proceeding near Elayamuthur, a tipper lorry bearing Registration No. TN-78- T-6432, driven rashly and negligently by its driver, collided with the appellant’s two-wheeler, resulting in his fall and causing grievous injuries, particularly a head injury. An FIR was registered in Crime No. 175/2018 against the driver of the tipper lorry. 3. The appellant sustained a subarachnoid hemorrhage in the right temporal region, and other associated symptoms. He was hospitalized and treated conservatively, and was subsequently advised not to drive two-wheelers and not to stay alone. Based on the medical records, the appellant claimed a sum of Rs.80,00,000/- as compensation for his injuries, pain and suffering, loss of income, future medical expenses, and other heads. 4. The Tribunal, on a detailed analysis of the evidence, awarded a sum of Rs.1,35,000/- as compensation under various heads including pain and suffering, transportation, attendant charges, extra nourishment, damage to clothes and loss of estate during the treatment period. The Tribunal noted that though the appellant had sustained a grievous injury, there was no disability certificate produced to prove any permanent disability. Further, taking into account the appellant’s age (59 years) and nature of injuries, the Tribunal concluded that the appellant had not suffered any demonstrable loss of earning capacity or permanent disability. Aggrieved by the said order, the appellant has come before this Court by way of this appeal. 5. During the hearing of the appeal, the learned counsel for the appellant contended that the Tribunal had awarded a meagre amount despite the appellant suffering a grievous head injury. It was argued that the evidence on record, including wound certificates and CT Scan reports, clearly established the seriousness of the injuries, and that the Tribunal ought to have awarded higher compensation. 6. It was argued that the evidence on record, including wound certificates and CT Scan reports, clearly established the seriousness of the injuries, and that the Tribunal ought to have awarded higher compensation. 6. Per contra, the learned counsel appearing for the second respondent / insurance company would contend that the quantum of compensation awarded by the tribunal is justified in the absence of any evidence of avocation of the claimant and hence, sought for dismissal of the appeal. 7. Heard the parties and perused the materials available on record. 8. However, upon a careful consideration of the material on record, this Court finds no reason to interfere with the findings and award of the Tribunal. The Tribunal has correctly appreciated the fact that although the appellant suffered a subarachnoid hemorrhage, there was no material to establish that it resulted in any permanent disability or serious impairment of earning capacity. No disability certificate was filed. The injuries, though serious, were managed through conservative treatment, and the appellant was certified fit to return to work, albeit with certain precautions. 9. Although the appellant had sustained a grievous injury, the medical evidence showed that his treatment was conservative without surgical intervention, and that he was fit to resume his employment after a brief recovery period. No disability certificate was filed, nor was any material produced to prove that the appellant suffered a diminution in earning capacity or loss of employment. In such circumstances, the Tribunal rightly refrained from awarding separate compensation under the head of loss of future earnings. Compensation under this head requires demonstrable evidence of either permanent disability affecting employment or effective loss of earning capacity, which is lacking in this case. 10. Hence, this Court finds that the Tribunal’s approach is legally correct and fair, given the absence of evidence to the contrary. The Tribunal, taking into account the nature of injuries, age of the appellant, his hospitalization and treatment details, and in the absence of any disability certificate, rightly computed the compensation based on the actual pain, suffering, treatment expenses, and incidental costs. The award of Rs.1,35,000/- cannot be said to be either meagre or unjust, particularly when the claim was based purely on grievous injury without quantifiable permanent disability. It is well settled that compensation must be just, fair, and proportionate to the injuries suffered, and not based on exaggerated claims. The award of Rs.1,35,000/- cannot be said to be either meagre or unjust, particularly when the claim was based purely on grievous injury without quantifiable permanent disability. It is well settled that compensation must be just, fair, and proportionate to the injuries suffered, and not based on exaggerated claims. In the present case, this Court is satisfied that the award passed by the Tribunal meets these standards. 11. Accordingly, the Civil Miscellaneous Appeal filed by the appellant is dismissed and the second respondent is directed to deposit the award amount determined by the Tribunal, together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit (less the default period, if any) along with interest and costs, if not already deposited, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit, the appellant is permitted to withdraw the award amount along with proportionate interest and costs, less the amount if any, already withdrawn. No costs.