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2014 DIGILAW 2515 (MAD)

Managing Director, Tamil Nadu State Transport Corporation v. Minor K. Gayathri Rep. by her father Kamaraj

2014-08-11

R.SUBBIAH

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Judgment : 1. The Transport Corporation has filed the above appeal challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Subordinate Judge), Bhavani, in and by award dated 30.03.2012 in M.C.O.P.No.359 of 2009, contending that the compensation amount awarded by the Tribunal under different heads is extremely on the higher side. 2. Not being satisfied with the quantum of compensation amount awarded by the Tribunal, the claimant has filed the above Cross Objection, seeking enhancement of the compensation amount. 3. Since both the above appeal and cross objection have been filed only challenging the quantum of compensation, I am not dealing with the other aspects of the award passed by the Tribunal. For the sake of convenience, the parties are referred as per their rankings before the Tribunal. 4. The claimant is the minor girl aged about 10 years and she is represented by her father Mr.K.Kamaraj. With regard to the quantum of compensation, it is the case of the claimant that on account of the accident, the claimant had sustained the following injuries_ 1) Crush injury over the right leg foot 2) Crush injury over the left leg foot 3) Right side hip bone fracture 4) Left side hip bone fracture 5) Chest and Rib fracture 6) Punchered wound over the kidney 7) Blood injury over the left side head In order to prove the disability suffered by the victim, on the side of the claimant, her father K.Kamaraj was examined as P.W.1, two doctors were examined as P.W.2 & P.W.3 and another witness was examined as P.W.4, and twenty documents were marked as Ex.P.1 to Ex.P.20. P.W.2, Ortho Surgeon, has stated in his evidence that on clinical examination conducted by him, he found that the claimant had sustained the following injuries_ “a wound measuring 30 x 9 cm size over the front of left leg extending down to the left ankle left foot, a wound 12 x 1 cm size over the lateral side of right hip, a wound 24 x 8 cm size over the front and sides of the left thigh (Split skin graft taken). Left foot and ankle_ mild swelling deformity with a leand over the Dorsal side of left foot. Bony thickening, Bony tenderness over the tarsal and meta tarsal bones of left foot. Left foot and ankle_ mild swelling deformity with a leand over the Dorsal side of left foot. Bony thickening, Bony tenderness over the tarsal and meta tarsal bones of left foot. Movements of left foot and sub-talar joint are limited, last 10 degree each and further movements are painful. Mild swelling deformity over the left ankle. Bony thickening, Bony tenderness over the medical malleolus, lateral malleolus and talus bore of left ankle, left leg's muscles are wasted 2 cm in circumference. Movement of left ankle joint are limited, last 20 degree each and further movements are painful. Right Hip & Thigh (16%)_ mild swelling over the right hip with joint line tenderness. Bony thickening, Bony tenderness over the greater Trochanter area of Right femur Bone of Right Thigh. Right side thigh muscles are wated 3 cm in circumference. Movements of right hip joint are limited, last 10 degree each, and further movements are painful. Pelvis Bone (2%)_ Mild swelling over the right side front of Pelvis Bone; Bone Thickening Bony tenderness over the right side of Public Bone of Pelvis Bone.” Thus, the Doctor “P.W.2 has assessed the disabilities suffered by the claimant at 56%. 5. Considering the evidence of P.W.2-Doctor, the Tribunal fixed the disability suffered by the claimant/victim at 56%. Thereafter, by taking a sum of Rs.3,000/-as monthly income, and by applying the multiplier 15, the Tribunal has awarded as sum of Rs.3,02,400/- under the head of loss of earning power, in proportion to 56% disability suffered by the claimant/victim. Further, on the basis of Ex.P.6, Ex.P.7, Ex.P.12, Ex.P.17 & Ex.P.19, (Medical bills), the Tribunal has awarded as sum of Rs.3,35,000/-. That apart, the Tribunal has also awarded compensation under other conventional heads and passed an award for a total sum of Rs.6,74,400/- as compensation amount. Aggrieved over the same, the appeal has been filed by the Transport Corporation. Not being satisfied with the quantum of compensation, the claimant has filed the above cross-objection. 6. The learned counsel for the Transport Corporation submitted that the claimant/victim is a minor girl, aged only 10 years, and she has not sustained total permanent disability. Therefore, the Tribunal ought not to have applied the multiplier method for awarding compensation under the head of loss of earning power. 6. The learned counsel for the Transport Corporation submitted that the claimant/victim is a minor girl, aged only 10 years, and she has not sustained total permanent disability. Therefore, the Tribunal ought not to have applied the multiplier method for awarding compensation under the head of loss of earning power. The learned counsel for the Transport Corporation further submitted that though the claimant has produced medical bills only for a sum of Rs.2,77,488/-, the Tribunal has awarded a sum of Rs.3,35,000/-under the head of medical expenses. Hence, according to the learned counsel for the Transport Corporation, proper reduction has to be made in the quantum of compensation awarded by the Tribunal. 7. Per contra, the learned counsel for the claimant submitted that the Tribunal has taken only a sum of Rs.3,000/- as monthly income, which is on the lower sider. Hence, by fixing a sum of Rs.5,000/- as monthly income, the compensation amount has to be enhanced. 8. Keeping the submissions made on either side, I have carefully gone through the entire materials available on record. 9. Considering the multiple fractures sustained by the victim/claimant, I do not find any infirmity in the compensation amount awarded by the Tribunal under the head of loss of earning power, by applying the multiplier method. Similarly, I am not inclined to enhance the compensation amount awarded by the Tribunal under the head of loss of earning power, by fixing a sum of Rs.5,000/- as monthly income, as contended by the learned counsel for the claimant. Since the victim/claimant is a minor girl, there is every possibility for her to recover from the disability to become normal, over the period of time. Therefore, I am not inclined to enhance the compensation amount under the head of loss of earning power, by fixing a sum of Rs.5,000/-as monthly income. 10. That apart, the Tribunal has awarded as sum of Rs.3,35,000/-under the head of medical expenses. Whereas, the medical bills have been produced by the claimant only for a sum of Rs.2,77,488/-. Hence, the compensation amount of Rs.3,35,000/-awarded by the Tribunal is hereby reduced to a sum of Rs.2,77,488/-. 11. Further, considering the long duration of treatment undergone by the claimant/victim, a sum of Rs.20,000/- awarded by the Tribunal for pain and sufferings cannot be said to be adequate compensation. Hence, the compensation amount of Rs.3,35,000/-awarded by the Tribunal is hereby reduced to a sum of Rs.2,77,488/-. 11. Further, considering the long duration of treatment undergone by the claimant/victim, a sum of Rs.20,000/- awarded by the Tribunal for pain and sufferings cannot be said to be adequate compensation. Hence, the compensation of Rs.20,000/-awarded by the Tribunal under the head of Pain and Sufferings is hereby enhanced to a sum of Rs.50,000/-, by adding another sum of Rs.30,000/-. Similarly, a sum of Rs.5,000/- awarded by the Tribunal for extra-nourishment is on the lessor side. Hence, the same is hereby enhanced to a sum of Rs.20,000/-, by adding another sum of Rs.15,000/-. As the compensation amount of Rs.2,000/-awarded by the Tribunal for Transportation is on the lessor side, the same is hereby enhanced to Rs.10,000/-. Similarly, the compensation of Rs.1,000/- awarded by the Tribunal under the head of Damages to Clothes is hereby enhanced to a sum of Rs.3,000/- and a sum of Rs.9,000/-awarded by the Tribunal for attender charges is hereby enhanced to Rs.11,500/-. Consequently, the total modified compensation amount comes to Rs.6,74,388/-, rounded off to Rs.6,74,400/-, which is the amount awarded by the Tribunal as total compensation amount. Hence, the total compensation amount of Rs.6,74,400/- awarded by the Tribunal is hereby confirmed. 12. In view of the above, both the appeal and cross objection are liable to be dismissed and the same are dismissed accordingly. The Transport Corporation is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit, to the credit of the above said MCOP, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the Tribunal is directed to deposit the same in fixed deposit in any one of the nationalised banks till the minor claimant attains majority. The father of the minor claimant is permitted to withdraw interest accrued thereon once in three months. Consequently, connected Miscellaneous Petition is closed. No costs.