(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the decree and judgment dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 on the file of the Motor Accidents Claims Tribunal, Madurai (First Additional Sub- Court), Trichy.)1. The Civil Miscellaneous Appeal has been filed by the appellant, not being satisfied with the quantum of compensation awarded by the Tribunal in and by which the award dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 by the Motor Accidents Claims Tribunal, Madurai (First Additional Sub-Court), Trichy.2. The appellant is the claimant and the second respondent is the Insurance Company before the Tribunal. The appellant / claimant claimed a sum of Rs.5,00,000/- as compensation before the Tribunal for the injuries sustained in a road accident.3. The facts of the case are as follows: -It is the case of the appellant / claimant before the Tribunal that on 13.08.1997 at about 6.00 p.m., when the injured petitioner was riding a moped on the West side of the South to North Trichy €“ Pudukkottai main road, a Tempo Track Jeep bearing Registration No.TN 59 Y 9254, insured with the second respondent/Insurance Company, which was coming from South to North (Pudukkotai to Trichy) being driven by its driver, came in a rash and negligent manner, dashed against the injured petitioner. Due to the impact, he sustained multiple injuries on all over the body, especially on his left leg and that the two wheeler was totally damaged. Immediately, he has been taken to Senthil Nursing Home and CSI Mission Hospital, Woraiyur for treatment and thereafter, he has been taken to M/s.Sea Horse Hospital, Trichy for taking further treatment and was admitted as inpatient for more than one month and he is still under treatment, as out patient. Therefore, the injured petitioner filed the claim petition before the Tribunal.4. The case of the claimant was resisted by the second respondent / Insurance Company by filing a counter statement, which opposed the claim petition in all aspects and prayed for the dismissal of the claim petition.5. Before the Tribunal, on the side of the claimant as many as 13 documents were marked as Exs.P1 to P13 and P.W.1 and P.W.2 were examined as witnesses and no document was marked and no one was examined on the side of the respondents. After considering the oral and documentary evidence, the Tribunal directed the 2nd respondent / Insurance Company to pay the compensation of Rs2,00,000/- with 12% interest per annum. Against which, the present Civil Miscellaneous Appeal has been filed by the appellant / claimant for enhancement of compensation.6. The learned counsel for the appellant / claimant submitted that the Tribunal, having found that the appellant had sustained permanent disability to an extent of 68%, as per the Doctor's evidence, ought to have awarded a compensation towards loss of earning power. He also submitted that the Tribunal committed error in awarding a meagre sum towards other heads also and hence, he prayed for enhancement of compensation.7. Per contra, the learned counsel for the second respondent / Insurance Company has made his submissions by supporting the award passed by the Tribunal and prayed for dismissal of this Civil Miscellaneous Appeal.8. Heard the learned counsel for the appellant / claimant and the learned counsel appearing for the 2nd respondent / Insurance Company and perused the records carefully.9. The present appeal has been filed only questioning the quantum of compensation awarded by the Tribunal. Hence, I am not traversing into the other aspects of the award. Insofar as the quantum of compensation is concerned, the appellant / claimant had sustained fracture, as a result of which, the movement of the left leg was reduced to 100% and in order to prove the percentage of disability, on the side of the appellant / claimant, P.Ws.1 and 2 were examined and 13 documents were marked. The Tribunal after coming to the conclusion that the appellant / claimant suffered by 68% disability, awarded a sum of Rs.1,80,000/- towards permanent disability; Rs.3,000/- for pain and sufferings; Rs.15,000/- towards medical expenses; Rs.2,000/- towards extra nourishment and thus passed an award for a sum of Rs.2,00,000/- as against the claim of Rs.5,00,000/-.10. In view of the above, I do not find any infirmity in the award passed by the Tribunal and that the Tribunal came to the conclusion only after appreciating all the materials on record in proper perspective. Therefore, the compensation awarded by th
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e Tribunal is just compensation. Moreover, the accident of the year 1997. Now after a period of 21 years, there is no scope for any enhancement. Hence, the Civil Miscellaneous Appeal is devoid of merits and therefore, the same is liable to be dismissed.11. In the result, the award dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 on the file of the Motor Accidents Claims Tribunal, Madurai (First Additional Sub-Court), Trichy, is hereby confirmed and the Civil Miscellaneous Appeal is dismissed. No costs.