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2015 DIGILAW 1078 (MAD)

Karthikeyan @ Karthik v. Jeyachandra Kumar

2015-02-23

D.HARIPARANTHAMAN

body2015
JUDGMENT:- 1. Seeking enhancement of compensation, the claimant has filed this appeal. 2. In an accident which occurred on 06.09.2009, the appellant/claimant sustained injuries. He laid a claim in MCOP.No.561 of 2009 before the Motor Accidents Claims Tribunal, (Principal Sub Court), Tirunelveli, claiming compensation of Rs.5,00,000/-. The Tribunal has awarded compensation of Rs.1,08,413/- with interest @ 9% per annum from the date of claim to till the date of realisation under the following heads:- Loss of income during treatment period Rs. 15,000/- Transportation Rs. 3,000/- Extra-nourishment Rs. 5,000/- Medical Expenses Rs. 23,413/- Mental Agony and shock Rs. 2,000/- Pain and suffering Rs. 15,000/- Disability compensation Rs. 45,000/- Total Rs.1,08,413/- 3. I have perused the award. Due to the accident, the claimant sustained fracture of left humerus and lateral wall of orbit Spoldylosis of cervical vertebra. He took treatment as inpatient from 06.09.2009 to 09.09.2009 in Thiraviyam Hospital, Nagercoil. PW2 Doctor who examined the claimant, has certified that the claimant has sustained 30% disability and issued Ex.P13-Disability Certificate to that effect. Considering the nature of injuries, I am inclined to award Rs.3,000/- for each percentage of disability. Accordingly, a sum of Rs.90,000/- is awarded for 30% disability as against the award of Rs.45,000/-. Due to the fracture of left humerus and lateral wall of orbit Spoldylosis of cervical vertebra, the claimant would have experienced severe pain and suffering. Therefore, I am inclined to award Rs.25,000/- towards pain and suffering as against the award Rs.15,000/-. The award of Rs.15,000/- towards loss of income during treatment period is reasonable and hence it is confirmed. A sum of Rs.23,413/- awarded for medical expenses is duly supported by Exs.P7 to P12 and hence, it is sustained. Considering the period of treatment and nature of injuries, the award of Rs.3,000/- towards transportation and Rs.2,000/- towards mental agony is increased to Rs.5,000/- each. 4. Loss of amenities has been defined by the Full Bench of this Court in Cholan Roadways Corporation Ltd., Kumbakonnam vs. Ahmed Thambi and others reported in 2006 (4) CTC 433 , as "deprivation of the ordinary experiences and enjoyment of life and includes loss of the ability to walk or see, loss of a limb or its use, loss of congenial employment, loss of pride and pleasure in one's work, loss of marriage prospects and loss of sexual function". In the instant case, the claimant has sustained fracture of left humerus bone and PW2 Doctor has deposed that the claimant is not able to raise his left hand above the shoulder. Further, he has sustained depressed fractures of medial wall of left orbit with linear fracture of lateral wall of left orbit, but the Tribunal has not awarded any amount under this head. Therefore, I am of the view that certainly, the claimant has to be compensated under the head, 'loss of amenities'. Hence, a sum of Rs.10,000/- is awarded under the head, 'loss of amenities'. 5. In the result, the total compensation awarded by the Tribunal is enhanced to Rs.1,78,413/- as apportioned hereunder:- Loss of income during treatment period Rs. 15,000/- Transportation Rs. 5,000/- Extra-nourishment Rs. 5,000/- Medical Expenses Rs. 23,413/- Mental Agony and shock Rs. 5,000/- Pain and suffering Rs. 25,000/- Loss of amenities Rs. 10,000/- Disability compensation Rs. 90,000/- Total Rs.1,78,413/- (Less) Amount awarded by the Tribunal Rs.1,08,413/- Enhanced compensation Rs. 70,000/- 6. In the result, the appellant/claimant is entitled to compensation of Rs.1,78,413/-. Enhanced compensation of Rs.70,000/- shall carry interest @ 7.5% per annum. The 2nd respondent insurance company is directed to deposit the modified compensation now determined by this Court with proportionate interest and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the entire amount, by making appropriate application before the Tribunal. The Civil Miscellaneous Appeal is disposed of accordingly. No costs.