(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order and decree dated 12.06.2006, passed in M.A.C.O.P.No.397 of 2000 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate court, Dindigul and to allow this Appeal.)
1. This Civil Miscellaneous Appeal arises out of the Award passed by the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Dindigul, in M.C.O.P.No.397 of 2000, dated 12.06.2006.
2. It is a case of injury caused out of the accident took place on 18.11.1999 at about 8.00 a.m., and the injured claimant filed an application seeking compensation before the Motor Accidents Claims Tribunal, Dindigul and at the time of accident, the respondent/claimant was working as a lorry driver.
3. The Tribunal, after considering the facts and circumstances of the case and based on the medical report awarded Rs.59,577/- as total compensation. Challenging the same, the appellant/National Insurance Company preferred the present Appeal on the ground that the respondent/claimant had falsely narrated the accident and therefore, the claim was false and further the negligence on the part of the respondent/claimant had not been considered by the Tribunal, despite the fact that the respondent/claimant himself voluntarily invited the accident.
4. Without going into the way in which the accident took place, this Court had examined the documents produced by the respondent/claimant specifically in Ex.Ps.2 and 3, Wound Certificate and Discharge Summary respectively. On going through, the Discharge Summary and Wound Certificate, this Court is convinced that in respect of the quantum of compensation awarded by the Tribunal, since the respondent/claimant has sustained fracture, the award of the Tribunal deserves no intervention and the contention of the learned counsel for the appellant is that the injured was travelling in the lorry and while applying the break, he fell down and sustained injuries. Therefore, it is a case of contributory negligence and the Tribunal has committed an error in fixing the liability. In view of the contention that there is a contributory negligence on the part of the injured claimant or not, this Court is of the considered view that the injury sustained by the respondent/claimant is established through the medical records and therefore, the quantum of compensation award by the Tribunal is also just and fair, which does not require intervention.
5. Accordingly, the award passed by the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Dindigul, in M.C.O.P.No.397 of 2000, dated 12.06.2006 is confirmed and the Civil Miscellaneous Appeal is dismissed.
6. The learned counsel for the appellant has submitted that the entire award amount along proportionate interest and costs had already been deposited and the respondent/claimant is permitted to withdraw the entire award amount along with proportionate interest and costs, through R.T.G.S., by filing necessary application before the Tribunal. No costs.