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2015 DIGILAW 811 (MAD)

S. Santhanakrishnan v. Managing Director, Tamilnadu State Transport Corporation Madurai (Div-IV) Ltd.

2015-02-10

D.HARIPARANTHAMAN

body2015
Judgment :- 1. The appellant herein is the claimant in M.C.O.P.No.24 of 2010 on the file of Motor Accident Claims Tribunal cum Chief Judicial Magistrate Court, Dindigul. The Motor Accident Claim arose out of a road accident caused by the rash and negligent driving of the driver of the bus of the respondent Corporation and the claimant has suffered with grievous injuries in all over his body. 2. The accident is not disputed. The accident had taken place due to the fault of the driver of the second respondent Corporation. The claimants made a claim for Rs.15,00,000/- as compensation. But, the Tribunal awarded Rs.4,92,000/- by a judgment and decree dated 29.06.2012 in M.C.O.P.No.24 of 2010 under the following heads: (i) Disability (5000X12X13) Rs.1,80,000/ (ii) Transportation Rs. 1,500/- (iii) Nutritious Food Rs. 5,000/- (iv) Damages to Cloth Rs. 500/- (v) Pain and Sufferings Rs. 10,000/- (vi) Medical Bills Rs.2,95,000/- Total Rs.4,92,000/- 3. The appellant has filed this appeal seeking to pay Rs.9,00,000/- besides the amount already awarded. 4. Heard both sides and perused the original records. 5. The learned counsel appearing for the appellant has submitted that the Tribunal has committed error in not adopting the multiplier method, particularly when the claimant/appellant suffered 100% disability. He has further submitted that even though the doctor stated that the claimant suffered 100% disability and issued disability certificate to that effect, the Tribunal reduced the same to 90% and awarded Rs.2,000/- per percentage of disability and awarded Rs.1,80,000/- for disability. According to him, the Tribunal ought to have adopted multiplier method and awarded compensation, particularly when the claimant suffered 100% disability. 6. He has further submitted that the Tribunal has awarded only Rs.10,000/- for pain and suffering. The claimant has suffered fracture on his neck and suffered grievous injuries on his nose and lungs. The appellant took treatment as inpatient for 37 days and underwent surgery. Hence, the amount awarded towards pain and suffering has to be enhanced to Rs.1,00,000/-. 7. The learned counsel appearing for the appellant has further submitted that the Tribunal ought to have considered the evidence of the Physiotherapist P.W.3, who stated that the claimant is in need of future treatment. But, the Tribunal has not awarded any compensation towards future medical expenses. 8. 7. The learned counsel appearing for the appellant has further submitted that the Tribunal ought to have considered the evidence of the Physiotherapist P.W.3, who stated that the claimant is in need of future treatment. But, the Tribunal has not awarded any compensation towards future medical expenses. 8. The learned counsel appearing for the respondent Corporation has submitted that the Tribunal has rightly awarded the compensation and there is no need to interfere with the same. 9. The appellant is the claimant. He has suffered grievous injuries in a road accident, that was caused due to the rash and negligent driving of the second respondent. It is not in dispute that the injured was in receipt of Rs.5,000/- as monthly income as per Ex.P13 and 14. He has suffered 100% disability as per Ex.P16, issued by doctor P.W.2. In Paragraph No.8 of the award, the Tribunal has held as follows: (“Tamil”) Perusal of the above said award along with the deposition of the doctor, who was examined as P.W.2 and Ex.P16 disability certificate, I am of the view that the claimant/appellant has suffered severe injuries on his neck and surgery was conducted and plates were also inserted at the neck and he could not do any work on his own. Therefore, the Tribunal is not correct in reducing the disability from 100% to 90%. Thus, I fix the disability at 100%.. Further, the Tribunal ought to have adopted multiplier method. But, the Tribunal awarded only Rs.2,000/- per percentage of disability. It is not disputed that the appellant was earning Rs.5,000/- at the time of accident. By applying the multiplier 13, as the age of the appellant at the time of accident was 46, the compensation would come to Rs.7,80,000/- (Rs.5,000 x 12 x 13). 10. Further this Court awarded compensation of Rs.1,500/- for transportation, Rs.5,000/- for Nutritious food and Rs.500/- towards damages to cloth. The Tribunal, after considering the medical bills, has awarded compensation of Rs.2,95,000/- towards medical bills. I am of the view that there is no need to interfere with the same. 11. Further, towards pain and sufferings, the Tribunal awarded Rs.10,000/- as compensation. The Tribunal, after considering the medical bills, has awarded compensation of Rs.2,95,000/- towards medical bills. I am of the view that there is no need to interfere with the same. 11. Further, towards pain and sufferings, the Tribunal awarded Rs.10,000/- as compensation. Perusal of the evidence of P.W.2 doctor, Ex.P2 would certificate and Ex.P3 discharge summary would show that the appellant/claimant was admitted as inpatient in Dindigul City hospital and took treatment from 03.03.2009 and thereafter, he was further admitted in Madurai Ragavendar hospital as inpatient and took treatment from 05.03.2009 and 12.04.2009 and a surgery was conducted and plates were inserted at the neck. Therefore, the Tribunal has committed an error in awarding Rs.10,000/- only as compensation towards pain and sufferings and in my view, the same shall be enhanced to Rs.1,00,000/-. 12. Further, the learned counsel appearing for the claimant/appellant submitted that the Tribunal has not awarded any compensation toward the future medical expenses. He has taken me to the cross examination of P.W.3 Dr.Madhan, Physiotheraphist, who has given physiotherapy to the appellant/claimant. His cross examination is extracted hereunder: (“Tamil”) Considering the said evidence, I am of the view that the appellant/claimant is in need of future medical treatment. But, the Tribunal has not awarded anything towards his medical treatment. Hence, I am of the view that Rs.1,00,000/- shall be awarded for his future medical treatment. 13. Accordingly, I am of the view that the claimant is entitled the modified award of compensation as follows: (i) Disability (5000X12X13) Rs. 7,80,000.00 (ii) Pain and sufferings Rs. 1,00,000.00 (iii) Medical Bills Rs. 2,95,000.00 (iv) Future medical expenses Rs. 1,00,000.00 (v) Transportation Rs. 1,500.00 (vi) Nutritious Food Rs. 5,000.00 (vii) Damages to Cloth Rs. 500.00 Total Rs.12,82,000.00 14. The Tribunal has already awarded Rs.4,92,000/- as compensation. Now, this Court has enhanced the same to Rs.12,82,000/- and the balance compensation is Rs.7,90,000/- and the same is rounded to Rs.8,00,000/- (Rupees eight lakhs only). The respondent Corporation shall deposit the enhanced amount of compensation i.e. Rs.8,00,000/-, with interest at 7.5% per annum from the date of petition, within a period of six weeks from the date of receipt of a copy of this order. The claimant is permitted to withdraw the entire amount. 15.The appeal is disposed of with the above terms. No costs.