R PARTHASARATHY Vs. S JOSEPH

JUDGEMENT

(1.) Challenging the award passed in M.C.O.P.No.13 of 2007, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Nagercoil, the claimant has filed the above Civil Miscellaneous Appeal for enhancement of compensation.

(2.) The claimant filed M.C.O.P.No.13 of 2007 claiming a total compensation of Rs.5,00,000/-(Rupees Five Lakhs only) for the injuries sustained by him in a road accident. There is no dispute with regard to the road accident and the negligence. The only issue is with regard to the quantum of compensation awarded by the Tribunal.

(3.) Though the claimant produced Exs.P.8 and P.9 - medical bills for a sum of Rs.1,04,080/-(Rupees One Lakh four thousand and eighty only), the Tribunal has awarded only a sum of Rs.40,000/-(Rupees Forty thousand only) towards medical expenses. When the claim made by the claimant is supported by the documentary evidence, the Tribunal should not have awarded only a portion of the medical expenses paid by the claimant. The documents Exs.P.8 and P.9 are also supported by the oral evidence let in by the Doctor, who was examined as P.W.2. Therefore, I am of the considered view that the claimant is entitled to the entire expenditure incurred by him under Exs.P.8 and P.9 - medical bills. The Tribunal awarded only a sum of Rs.40,000/-(Rupees Forty thousand only) towards medial expenses; Rs.5,000/-(Rupees Five thousand only) towards pain and sufferings; Rs.15,000/-(Rupees fifteen thousand only) towards grievous injuries and a sum of Rs.1,000/-(Rupees one thousand only) towards nutrition.