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2012 DIGILAW 4792 (MAD)

C. Karunanidhi v. M. Shanthi

2012-11-26

P.DEVADASS

body2012
Judgment :- This appeal by the injured in a road accident is for enhancement of compensation. 2. On 01.01.1999, the appellant sustained multiple grievous injuries in a road accident. For this, the Tribunal awarded him Rs.1,52,000/. 3. According to the learned counsel for the appellant, the Tribunal has not properly appreciated the evidence adduced and that has resulted in granting him very less compensation. 4. However, according to Mr. K.S. Narasimhan, a Panel Advocate of the New India Assurance Company Ltd., the Tribunal had taken into account all the relevant aspects and awarded him the necessary compensation. 5. I have anxiously considered the rival submissions and perused the materials on record and the impugned award of the Tribunal. 6. At the time of accident, the appellant was 29 years old. He sustained multiple grievous injuries. P.W.2-Dr.Saichandran determined his disability at 50%. However, the Tribunal had granted him Rs.50,000/- towards disability and Rs.25,000/- towards loss of earning power. 7. In view of the nature of injury sustained by the appellant, extent of it and its continued effect on the appellant, the Tribunal ought to have applied the multiplier method. [See B.KOTHANDAPANI Vs. TAMILNADU STATE TRANSPORT CORPORATION LTD., (2011 ACJ 1971)]. 8. The appellant was a Coolie. Now, he could not earn as before. He would have earned a minimum of Rs.3,000/-per month. The applicable multiplier is "18". Now, calculating on the above lines, the loss of earning power is assessed at Rs.3,24,000/-(Rs.3,000/- x 12 = Rs.36,000/- x 18 = Rs.6,48,000/- x 50% = Rs.3,24,000/-). 9. The appellant had sustained multiple grievous injuries. He was hospitalised for a considerable period. In the circumstances, Rs.10,000/-awarded towards pain and suffering, is raised to Rs.20,000/-. In other aspects, we are not interfering with the award of the Tribunal. 10. In his claim petition, the appellant claimed Rs.2,50,000/-. However, the revised assessment comes to Rs.4,11,000/-. Thus, it is more than the amount claimed. 11. A Tribunal has to award just and fair compensation to the road accident victims. A Tribunal need not be bound by the 'figure' mentioned in the claim petition. A Tribunal has to adjudicate and arrive at a just compensation. Sometimes, it may be less than the amount claimed. Sometimes, it may be more than the amount mentioned in the claim petition. 12. In the result, the award of the Tribunal is modified. A Tribunal need not be bound by the 'figure' mentioned in the claim petition. A Tribunal has to adjudicate and arrive at a just compensation. Sometimes, it may be less than the amount claimed. Sometimes, it may be more than the amount mentioned in the claim petition. 12. In the result, the award of the Tribunal is modified. The appellant is awarded a total compensation of Rs.4,11,000/- with 7.5% interest p.a. from the date of filing the claim petition till deposit. The appellant shall pay the additional Court fee on the enhancement portion of the compensation amount over and above the Court fee already paid, within one week. The second respondent shall deposit the entire compensation amount, less amount, if any, already deposited, within 4 weeks from the date of receipt of a copy of this judgment. On deposit, the appellant shall be paid the entire amount, less amount, if any, already withdrawn. This Civil Miscellaneous Appeal is disposed of accordingly. No costs.