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Judgment
Heard the learned counsel on either side.
The Insurance Company has filed this Civil Miscellaneous Appeal questioning the award dated 18.04.2016 made in M.C.O.P.No.216 of 1996 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Dindigul on the ground of quantum.
The claimant met with an accident on 26.12.1995. He sustained multiple fractures on both legs and also left shoulder. He filed M.C.O.P.No.216 of 1996 and a sum of Rs.3,24,720 with interest was awarded. The same was also satisfied by the insurance company and satisfaction memo was also filed. Thereafter, the claimants filed an appeal seeking enhancement. This Court, by order dated 01.04.2015 in C.M.A.(MD) No.245 of 2015 remanded the matter to the Tribunal with a direction to decide whether the surgeries performed on the claimant in the year 2012 are relatable to the injuries sustained in the accident that took place in the year 1995. Pursuant to the same, the Tribunal held a fresh enquiry. The claimants examined himself as P.W.1. Exhibits were marked. The Chief Orthopaedic surgeon attached with Vadamalayan Hospitals, Madurai was examined as P.W.2. After a detailed consideration of the material on record including the expert evidence, the Tribunal came to the conclusion that 5 surgeries performed on the claimant are directly relatable to the accident that took place in the year 1995. The appellant insurance company is not in a position to dislodge the reasoning of the Tribunal. The expert doctor had deposed and established the link between the accident and the subsequent surgeries. There is no contra evidence adduced by the appellant insurance company. Therefore, it is not possible to accept the contention of the learned counsel for the appellant that there is no link between the accident and the subsequent surgeries. Therefore, the Tribunal awarded a sum of Rs.5,53,940/- with interest at the rate of 6% from 11.08.2012. There is absolutely no justification in interfering the well considered award of the Tribunal. This civil miscellaneous appeal is without any merit.
The appellant insurance company is directed to deposit the entire compensation amount as awarded by the Tribunal, with interest at the rate of 6% per annum and costs, from 11.08.2012 till date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the said sum, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
This Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.