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Madras High Court · body

2010 DIGILAW 2635 (MAD)

Nagaraj v. The Managing Director, Tamil Nadu State Transport Corporation Ltd.

2010-07-01

R.SUBBIAH

body2010
Judgment :- Not being satisfied with the award passed by the Motor Accidents Claims Tribunal, the present appeal is filed by the claimant for enhancement of the compensation. 2. It is the case of the appellant/claimant before the Tribunal that on account of the accident, the appellant sustained two fractured injuries in his left leg and a crush injury in the left foot and other multiple injuries all over the body. The doctor who examined the appellant was examined as P.W.2 before the tribunal. P.W.2 had assessed the disability suffered by the claimant at 50%. However, the Tribunal has reduced the disability assessed by the doctor from 50% to 30% without assigning any valid reason. The appellant who was a painter by profession, on account of the disability suffered by him, is not in a position to carry on his normal avocation as he was doing prior to the accident. But the Tribunal without considering this aspect properly, reduced the disability assessed by the doctor and awarded only a meager sum of Rs. 40,000/- as the total compensation. Thus, the learned counsel for the appellant contended that the amount awarded by the tribunal has to be enhanced by way of reassessment on review. 3. Per contra, the learned counsel for the respondent Transport Corporation made his submission by supporting the award passed by the tribunal. 4. Heard the learned counsel appearing on either side and perused the materials available on record. 5. On a careful scrutiny of the award, I find that on account of the accident, the appellant sustained two fractured injuries in his left leg and due to the injury, his left leg was shortened by 1 cm. The doctor (P.W.2) had deposed in his evidence that the disability suffered by the victim is 50% and the disability certificate issued by P.W.2 was marked as Ex.P3. Considering the facts and circumstances of the case, I am of the opinion that the total compensation awarded by the tribunal to the tune of Rs.40,000/- appears to be on the lower side. Hence, it is a fit case for enhancement of the award passed by the tribunal by way of reassessment on review. 6. Though P.W.2 had assessed the disability suffered by the claimant as 50%, the tribunal had fixed the disability only as 30% without assigning any valid reason. Hence, it is a fit case for enhancement of the award passed by the tribunal by way of reassessment on review. 6. Though P.W.2 had assessed the disability suffered by the claimant as 50%, the tribunal had fixed the disability only as 30% without assigning any valid reason. Under such circumstances, I am of the opinion that the percentage of the disability assessed by the doctor could be taken into consideration for determining the compensation under the head of disability. Normally, the tribunals are awarding a sum of Rs.2,000/-for each percentage of disability. Considering the facts and circumstances of the case, in the instant case also, a sum of Rs.2,000/-could be awarded for each percentage of disability to arrive at a just and proper compensation. If a sum of Rs.2,000/- is awarded for each percentage of disability, then the compensation under the head of disability works out to Rs.1,00,000/- (Rs.2,000 x 50%) in proportion to 50% disability. Accordingly, a sum of Rs.30,000/-awarded by the tribunal under the head of disability is enhanced to Rs.1,00,000/- by adding another sum of Rs.70,000/-Similarly, the sum of Rs.3,000/- awarded by the tribunal for pain and suffering appears to be on the lower side. Considering the nature of the disability suffered by the claimant, the amount of Rs.3,000/- awarded by the tribunal under the head of pain and suffering is hereby enhanced to a sum of Rs.8,000/- by adding another sum of Rs.5,000/-. Further, I find that no amount was awarded under the head of loss of amenities. Hence, a sum of Rs.10,000/- is hereby awarded for loss of amenities. Except this modification, the amount awarded by the tribunal under the heads of loss of income and extra nourishment remain unaltered. 7. In view of the above modifications, the total compensation amount awarded by the tribunal for a sum of Rs.40,000/- is hereby enhanced to Rs.1,25,000/-. The break-up details of the modified compensation amount is as follows: Loss of disability Rs.1,00,000/- Extra nourishment Rs. 2,000/- Loss of income Rs. 5,000/- Loss of amenities Rs. 10,000/-Pain and suffering Rs. 8,000/-Total Rs. 1,25,000/- Compensation awarded by the tribunal Rs. 40,000/-Balance amount ----------------Rs. 85,000/- 8. The respondent transport Corporation is directed to deposit the balance amount of Rs.85,000/- with interest at 7.5% from the date of the petition till deposit within a period of eight weeks from the date of receipt of a copy of this order. 10,000/-Pain and suffering Rs. 8,000/-Total Rs. 1,25,000/- Compensation awarded by the tribunal Rs. 40,000/-Balance amount ----------------Rs. 85,000/- 8. The respondent transport Corporation is directed to deposit the balance amount of Rs.85,000/- with interest at 7.5% from the date of the petition till deposit within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the appellant is permitted to withdraw the same. 9. With the above modifications, the Civil Miscellaneous Appeal is disposed of. No costs.