BALAMURUGAN Vs. PRABHAKARAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.694 of 2021 dtd. 8/9/2023 on the file of the Motor Accident Claims Tribunal / Special Sub Court dealing with MCOP Cases, Tirunelveli.

(2.) The appellant/claimant, who was awarded with compensation of Rs.3,51,560.00 (Rupees Three Lakhs Fifty One Thousand Five Hundred and Sixty only) with interest at 7.5% per annum and costs for the disability suffered by him, consequent to an accident occurred on 16/10/2019, challenged the quantum of compensation awarded at, by the Tribunal and claimed enhancement of the same.

(3.) The appellant/claimant and one Siva injured in the same accident have filed claim petitions in M.C.O.P.Nos.694 of 2021 and 697 of 2021. During trial, both the claimants have examined themselves as P.W.1 and P.W.2 respectively and examined 2 medical officers as P.W.3 and P.W.4 respectively and exhibited 12 documents as Ex.P.1 to Ex.P.12. The first respondent/first respondent remained ex-parte. The second respondent/ insurer has examined 2 witnesses as R.W.1 and R.W.2 and exhibited 1 document as Ex.R1. 7 documents produced by the claimants' side witnesses came to be exhibited as Ex.X.1 to Ex.X.7 and 2 documents produced by the second respondent/insurer's side witnesses came to be exhibited as Ex.X.1 and Ex.X.2 (Ex.X.8 and Ex.X.9) and the disability certificate issued by the Medical Board to the appellant/claimant came to be exhibited as Ex.C.1.