(1.) COMMON Judgment: These Civil Miscellaneous Appeals are filed against the Judgment and Award dated 16.03.2007 made in MACTOP No.440 of 2006 on the file of the Motor Accidents Claims Tribunal, (Chief Judge, Court of small causes), Chennai.
(2.) THE background facts in a nutshell are as follows:-
(3.) HEARD the counsel. On the side of the claimant, P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P9 were marked. The claimant himself was examined as P.W.1 and one Dr.N. Saichandran was examined as P.W.2. Ex.P1 is the copy of First Information Report. Ex.P2 is the copy of sketch. Ex.P3 and Ex.P4 are Discharge Summaries. Ex.P5 is the photo with negative. Ex.P6 and Ex.P7 are the Disability Certificates. Ex.P8 is the X-ray with report. Ex.P9 is the returned copy application by J.M. Court, Tambaram. No witnesses examined or no documents marked on the side of the Insurance Company. After considering the oral and documentary evidence, the Tribunal awarded a compensation of Rs.4,31,000/- with an interest of 7.5% p.a. from the date of petition. The details of the same are as under: