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2010 DIGILAW 2317 (MAD)

K. Rajavel alias Raja v. Murugesan

2010-06-09

P.P.S.JANARTHANA RAJA

body2010
Judgment :- The appeal is preferred by the claimant against the award dated 28.11.2000 made in MACTOP No.24 of 2000 by the Motor Accident Claims Tribunal, Karaikal. 2. Background facts in nutshell are as follows: The injured-Rajavelu met with motor vehicle accident on 15.10.1999 at about 7.30 a.m., The injured was driving his Ambassador Car bearing registration No.TN-31/V/8888 from Karaikal to Tanjore from East to West. When he was nearing Ammaiyappan at Tanjore road, a tanker lorry bearing registration No.TN-28/B-2955 belonging to the second respondent, which came on the opposite direction in a rash and negligent manner, dashed against the the Ambassador Car. Due to the impact, the appellant/claimant had sustained grievous injuries. Immediately after the accident, he was admitted in Tanjore Medical College Hospital and took treatment for 4 days as inpatient. The said lorry was insured with the third respondent/Insurance Company who resisted the claim. He claimed a sum of Rs.6,27,000/- but restricted to Rs.5,00,000/- as compensation before the Tribunal. On pleadings the Tribunal framed the following issues:- "1. Whether the accident happened due to the rash and negligent driving of the first respondent? 2. What is the quantum of compensation the petitioner is entitled to?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the tanker lorry and awarded compensation of Rs.56,500/- with interest at 12% per annum from the date of petition and the details of the same are as under:- Disability 31.2% Rs. 32,000/- Medical expenses Rs. 5,000/- Transport Rs. 4,500/- Pain and suffering Rs. 15,000/- Total... Rs. 56,500/- Aggrieved by that award, the claimant has filed the present appeal for enhancement. 3. The learned counsel appearing for the claimant-appellant submitted that the Tribunal ought to have awarded the compensation as claimed by the claimant and the amount awarded under various heads is very low and the Tribunal has not followed the principles of assessment before passing the award. He further submitted that the amount awarded by the Tribunal is very low and meagre and seeks to enhance the compensation. 4. The learned counsel appearing for the third respondent/Insurance Company contended that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. He further submitted that the amount awarded by the Tribunal is very low and meagre and seeks to enhance the compensation. 4. The learned counsel appearing for the third respondent/Insurance Company contended that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed. 5. Heard the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs. P1 to P7 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr. Veeramuthu, who examined the appellant/claimant and issued the disability certificate. Ex.P1 is the copy of the First Information Report. Ex. P2 is the copy of the Insurance Policy. Ex.P3 are the medical bills. Ex. P4 is the Discharge Card of the petitioner. Ex.P5 is the Physically Handicapped Certificate issued by P.W.2. Ex.P6 is the Taxi bills. Ex. P7 is the copy of the driving licence of the petitioner. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the tanker lorry. The finding is based on valid materials and evidence and the same is confirmed. 6. At the time of the accident, the claimant was aged about 24 years. He is a Taxi driver. P.W.1, in his evidence, has stated that the accident had occurred only due to the rash and negligent driving of the driver of the tanker lorry. The lorry driver also charge sheeted by Koradacherry Police Station in Cr.No.393 of 1999 under Sections 279 and 337 IPC. Immediately after the accident, he was admitted in Tanjore Medical College hospital and then he was admitted in Vinodhagan hospital, Tanjore for advanced treatment. P.W.2-Doctor, who examined the claimant and determined the disability at 31.2%. There is no dispute regarding the same. The Tribunal awarded a sum of Rs.32,000/- towards disability. Normally, the Courts award Rs.1,000/- to Rs.2,000/-for each percentage of the disability. In the instant case, as the Tribunal has correctly awarded Rs.32,000/-for Rs.31.2% of disability, the same is confirmed. P.W.2-Doctor, who examined the claimant and determined the disability at 31.2%. There is no dispute regarding the same. The Tribunal awarded a sum of Rs.32,000/- towards disability. Normally, the Courts award Rs.1,000/- to Rs.2,000/-for each percentage of the disability. In the instant case, as the Tribunal has correctly awarded Rs.32,000/-for Rs.31.2% of disability, the same is confirmed. The Tribunal has awarded a sum of Rs.5,000/- towards Medical Expenses which is also very reasonable and the same is confirmed. Further, the Tribunal has awarded a sum of Rs.4,500/-towards transport charges which I feel is very low and meagre. The appellant/claimant was admitted in the hospital and took treatment as inpatient for a period of 24 days and incurred more expenses during that period. After taking into consideration of the above, it is reasonable to award a sum of Rs.7,500/-towards Transport charges as against Rs.4,500/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs.15,000/-towards pain and suffering. Taking into consideration the nature of the injuries sustained, i.e.,fracture in his right leg, right hand and grievous injuries all over the body, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has not awarded any sum towards extra nourishment. The appellant/claimant was admitted in the hospital as inpatient for 24 days. There is no dispute regarding the same. Therefore, the Tribunal ought to have awarded a sum of Rs.5,000/- towards extra nourishment. The Tribunal has not awarded any amount towards loss of income. The appellant/claimant was hospitalised for 24 days as inpatient. After discharge from hospital, he has not attended any work and certainly there is loss of income. After taking into consideration in respect of loss of income, it would be appropriate to award a sum of Rs.10,000/-. The Tribunal has not awarded any sum towards attendant charges. The appellant/claimant was hospitalised for 24 days as inpatient. Taking into consideration of the above, it is reasonable to award a sum of Rs.2,500/- towards attendant charges. After taking into consideration the period of treatment, it would be appropriate to award a sum of Rs.7,000/- towards loss of amenities. The details of the modified compensation as per the above discussion are as under:- Disability Rs. 32,000/- Medical expenses Rs. 5,000/- Transport to hospital Rs. 7,500/- Pain and sufferings Rs. 15,000/-Extra nourishment Rs. 5,000/-Loss of amenties Rs. 7,000/- Loss of income Rs. The details of the modified compensation as per the above discussion are as under:- Disability Rs. 32,000/- Medical expenses Rs. 5,000/- Transport to hospital Rs. 7,500/- Pain and sufferings Rs. 15,000/-Extra nourishment Rs. 5,000/-Loss of amenties Rs. 7,000/- Loss of income Rs. 10,000/-Attendant charges Rs. 5,000/- Total... Rs. 86,500/-Less: Already awarded Amount Rs. 56,500/- Enhanced amount Rs. 30,000/- Therefore, the claimant is entitled to the enhanced compensation of Rs. 30,000/-(Rs.86,500-56,500) with interest at 7.5% from the date of petition. 7. The third respondent-Insurance Company is directed to deposit the enhanced compensation of Rs.30,000/- with interest at 7.5% from the date of petition within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the appellant-claimant is permitted to withdraw the same on making proper application. 8. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.