Divisional Engineer, Highways and Rural Work Department, Agastheeswaram Taluk, Kanyakumari v. D. Vasan
2015-01-28
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment 1. The appeal is against the judgment and decree 03.07.2013 made in M.A.C.O.P.No.9 of 2012 on the file of the Motor Accident Claims Tribunal (Special Court for Forest Cases), Nagercoil, wherein, compensation of Rs.3,13,665/- was awarded for injuries suffered by the first respondent. 2. The accident is not disputed. The accident had taken place due to the fault of the second respondent. The records viz., wound certificate, disability certificate, scan report, x-ray and other documents are also produced. The first respondent suffered with 7 grievous injuries and 3 simple injuries. He has taken treatment in the hospital for 17 days between 25.02.2010 and 13.03.2010. 3. In these circumstances, the Tribunal awarded a sum of Rs.3,13,665/- under various heads as follows: 1. Towards 7 grievous injuries and 3 simple injuries Rs. 73,000 2. Towards pain and suffering Rs. 10,000 3. Towards extra nourishment Rs. 10,000 4. Towards Transportation Charges Rs. 5,000 5. Towards Medical expenditure Rs.1,04,865 6. Towards loss of income for 17 days inpatient Rs. 3,400 7. Towards loss of income for 1 year Rs. 72,000 8. Towards attender charges Rs. 3,400 9. Towards loss of happiness Rs. 15,000 10. Towards future expectation Rs. 15,000 11. Towards damages to clothes and other articles Rs. 2,000 Total Rs.3,13,665 In total, only Rs.98,250/- was awarded. 4. Perusing the award, in my view, there is no infirmity. The Tribunal did not apply multiplier method. 5. In fact, the compensation awarded by the Tribunal is not excessive. I do not find any infirmity in the award passed by the Tribunal and hence, the appeal is rejected. No costs. Consequently, connected miscellaneous petition is closed. The claimant is permitted to withdraw entire amount.