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M. Kadambavanam Vs. P. Suresh and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A.(MD).No. 1150 of 2015
Judge
AppellantM. Kadambavanam
RespondentP. Suresh and Another
Excerpt:
.....total compensation. the claimant/appellant preferred the present appeal, questioning the quantum awarded for disability on the ground that the tribunal reduced the percentage of disability from 45% to 25% and further erred fixed rs.1,000/- for 1% instead of the established principles of rs.2,000/- for 1% of disability. 3. the further contention of the learned counsel for the appellant that the appellant in his cross examination deposed that after his treatment in a recognised hospital, the very same doctor treated him in his private hospital and he was discharged. but, the tribunal failed to take into consideration the second treatment taken by the appellant and awarded lesser quantum of compensation to the appellant. 4. the treatment given by the doctor in his private capacity cannot.....
Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.320 of 2003 dated 08.10.2007 on the file of the Motor Accident Claims Tribunal (IV Additional Sub Court), Cuddalore.)

1. The present Civil Miscellaneous Appeal has been filed to set aside the judgment and decree passed in M.C.O.P.No.320 of 2003 dated 08.10.2007 on the file of the Motor Accident Claims Tribunal (IV Additional Sub Court), Cuddalore.

2. It is the case of injury caused due to the accident that took place on 10.01.2003 about 10.00 p.m in Madurai New Jail Road near Central Prison. The appellant/claimant sustained grievous injury and fracture in his right leg and injury over the right hand elbow and other injuries all over the body. The claimant/victim filed a claim petition in M.C.O.P.No.320 of 2003 before the Motor Accident Claims Tribunal/IV Additional Sub Court, Madurai and the Tribunal, considering the facts and circumstances of the case, awarded Rs.68,168/- as total compensation. The claimant/appellant preferred the present appeal, questioning the quantum awarded for disability on the ground that the Tribunal reduced the percentage of disability from 45% to 25% and further erred fixed Rs.1,000/- for 1% instead of the established principles of Rs.2,000/- for 1% of disability.

3. The further contention of the learned counsel for the appellant that the appellant in his cross examination deposed that after his treatment in a recognised hospital, the very same Doctor treated him in his private hospital and he was discharged. But, the Tribunal failed to take into consideration the second treatment taken by the appellant and awarded lesser quantum of compensation to the appellant.

4. The treatment given by the Doctor in his private capacity cannot be relied upon and genuineness of the medical documents are always to be decided and the same shall be proved beyond reasonable doubt. The evidence recorded by the Tribunal clearly shows that that the second treatment taken by the appellant/claimant in his private clinic cannot be considered. Therefore, this Court is inclined to confirm the findings arrived at by the Tribunal in respect of the genuineness of the second treatment taken by the appellant/claimant and the same is rejected for fixing compensation for disability.

5. This Court considering the above facts and circumstances, is inclined to fix a sum of Rs.2,000/- for each percentage of disability instead of Rs.1,000/-. Accordingly, the compensation fixed for disability enhanced from 25% to 50% and the award is modified from Rs.68,168/- to Rs.93,168/- and the same is rounded off to Rs.93,200/- and in all other respects, the award of the Tribunal passed in M.C.O.P.No.320 of 2003 is confirmed.

6. In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.

7. The learned counsel for the appellant represented that the entire award had already been deposited. The appellant/claimant is permitted to withdraw the entire award amount with accrued interest through RTGS by filing necessary application before the Tribunal concerned.


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