Research › Search › Judgment

Madras High Court · body

2006 DIGILAW 1361 (MAD)

Mumtaj Begam v. G. Petha Perumal & Another

2006-06-15

R.SUDHAKAR

body2006
Judgment :- (Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award dated 7.10.1998 passed in M.C.O.P.No.38 of 1998 on the file of Motor Accidents Claims Tribunal, Pondicherry at Karaikal.) This present appeal has been filed against the order dated 7.10.1998 in M.A.C.T.O.P.No.38 of 1998 on the file of the Motor Accidents Claims Tribunal, Pondicherry at Karaikal, by the appellant/claimant seeking enhancement of compensation awarded by the Tribunal. 2. The case of the appellant/claimant is that by the rash and negligent act of the driver of the scooter bearing Registration No.TN-50/0294, the appellant/claimant fell down, while she was walking and sustained multiple injuries. She was treated in the General Hospital, Karaikal. Case was registered in Crime No.6 of 1998 under Sections 279 and 338 I.P.C. by the Traffic Police, Karaikal. The further case of the appellant/claimant is that she is a hawker earning a sum of Rs.50/- to Rs.60/- per day. A sum of Rs.2,00,000/- is claimed as compensation. 3. The Tribunal, relying upon Ex.A-1 copy of FIR, Ex.A-3 copy of Accident Inspection Report and other documents, came to the conclusion that the driver of the scooter had caused the accident due to rash and negligent driving and answered the point No.1 in favour of the appellant/claimant. 4. As regards the point No.2, the Tribunal relied on Ex.A-9 disability certificate where under the claimant had suffered permanent disability to the extent of 38.4%. Besides, it is also to be noted that the claimant had sustained fracture of both bones of left leg with 50% loss of left hip flexion and 30% loss of left knee flexion and therefore, it was found that squatting was difficult and in addition to this, the claimant also suffered 1-1/2 inches shortening of left lower limb. Therefore, it was concluded that the claimant had suffered permanent disability to the extent of 38.4%. However, while granting compensation, the Tribunal has taken into consideration that for any permanent disability, the minimum amount provided is Rs.25,000/- and therefore, the Tribunal awarded a sum of Rs.30,000/- as total compensation. No amount was granted under any other head. Not satisfied with the quantum of compensation, the claimant has preferred this appeal. 5. It is not mandatory that in each and every case of permanent disability, only the minimum amount of compensation should be provided. No amount was granted under any other head. Not satisfied with the quantum of compensation, the claimant has preferred this appeal. 5. It is not mandatory that in each and every case of permanent disability, only the minimum amount of compensation should be provided. The minimum amount of compensation is a benchmark, while considering the case of compensation for permanent disability. Further, depending upon the facts and circumstances of each case, the quantum of compensation should be determined proportionate to the percentage of disability. In this case, the claimant has suffered 38.4% disability and therefore, it will appropriate if the amount of compensation is fixed on account of disability at Rs.40,000/-. 6. Even though the claimant has sought for compensation under the heads, viz., medical expenses, extra nourishment, pain and suffering and continuing pain and suffering, no amount has been granted by the Tribunal. The claimant is a street hawker and admittedly she has been earning Rs.50/- to Rs.60/- per day. Considering the fact that the claimant was hospitalized due to fracture, she would have been incapacitated and consequently, there would be loss of income during the period of treatment. 7. Taking into consideration, the disability and the facts and circumstances of the case and also the fact that no appeal has been filed by the respondents, the interest of justice requires the following amounts shall be awarded as follows:- Head - Compensation now granted Transport and medical expenses - Rs.5,000/- Extra nourishment - Rs.2,500/- Pain and suffering - Rs.5,000/- Continuing pain and suffering - Rs.5,000/- Loss of income - Rs.5,000/- Accordingly, the total compensation payable to the claimant is enhanced from Rs.30,000/- to a sum of Rs.62,500/-. The claimant is entitled to interest at 7.5% per annum on the enhanced compensation amount from the date of claim petition till date of payment. 8. In the result, the appeal is partly allowed, modifying the award amount to Rs.62,500/- with interest at 7.5% per annum only on the enhanced compensation amount of Rs.32,500/- from the date of claim petition till date of payment. No costs.