Oriental Insurance Co. Ltd. , Namakkal v. R. Govindasamy
2018-04-03
S.RAMATHILAGAM
body2018
DigiLaw.ai
JUDGMENT : 1. The appellant herein is Oriental Insurance Company which was arrayed as third respondent before the Tribunal. The appellant has come forward with this appeal by contending that the compensation awarded by the Tribunal for a sum of Rs.4,97,471/- in the case of injury is highly excessive, exorbitant and unsustainable. 2. The learned counsel for the appellant would submit that the Tribunal has arrived at the income of the claimant/first respondent based on salary certificate given by the claimant's brother, who owns a bleaching company where the claimant is employed. Further, the permanent disability was fixed by the Doctor at the rate of 32% which is not a fair one and the amount awarded towards loss of earning is also on the higher side. Hence, the award of Rs.4,97,471/- is very high and the decree passed by the Tribunal has to be set aside. 3. The learned counsel for the first respondent/claimant submits that the Tribunal has awarded just and fair compensation taking note of the nature of injuries sustained by the claimant and on the basis of the oral and documentary evidence. Therefore, the learned counsel prayed for dismissal of this appeal. 4. While perusing the records, it is learnt that the claimant was admitted in Dr. Govindaraj Hospital, Perumanallur, where after giving first aid, he was referred to K.G. Hospital, Coimbatore where he had taken treatment as an in-patient up to 03.02.1997 for about 13 days. It is also seen from the records, the claimant sustained fracture of both bones of right Forearm, for which he underwent surgery. Due to the injuries sustained, the movements of the right hand of the claimant was restricted. The PW.1, doctor who treated the claimant has assessed his disability at 32%. Taking note of the percentage of the disability assessed by the doctor, the Tribunal proceeded to determine the compensation under the head Permanent Disability by adopting multiplier method. 5. Accordingly, the Tribunal arrived at a sum of Rs.4,14,720/- and also awarded Rs.32,000/- towards injuries, furthermore a sum of Rs.5,000/- awarded towards pain and sufferings, Rs.2,000/- towards extra nourishment and Rs.43,751/- towards medical expenses incurred by the claimant. Thus, Rs.4,97,471/- was awarded by the Tribunal as compensation. 6. As regards the income of the claimant based on the income certificate, Ex.P3 produced by the claimant, the Tribunal has taken a sum of Rs.6,000/- per month as salary of the claimant.
Thus, Rs.4,97,471/- was awarded by the Tribunal as compensation. 6. As regards the income of the claimant based on the income certificate, Ex.P3 produced by the claimant, the Tribunal has taken a sum of Rs.6,000/- per month as salary of the claimant. This is disputed by the Insurance Company on the ground that the claimant claims himself to be employed in a bleaching company owned by none other than his brother-in-law and therefore the income certificate issued to the claimant is exaggerated. When such a plea was taken by the Insurance company, the claimant has not produced any contra evidence to show that he was in receipt of a sum of Rs.6,000/- per month as monthly income. 7. Having regard to the above, this Court feels that a sum of Rs.3,000/- alone can be taken as monthly income of the claimant. If a sum of Rs.3,000/- is taken as the monthly income the amount towards permanent disability can be awarded at Rs.2,07,360/- (3000X12X18X32/100). Accordingly, the claimant is entitled a sum of Rs.2,07,360/- towards permanent disability. 8. As regards the amount awarded by the Tribunal towards other heads, this Court feels that when the compensation is awarded towards permanent disability by adopting multiplier method, the Tribunal ought not to have separately awarded a sum of Rs.32,000/- towards injuries. As regards the compensation awarded under other heads such as pain and sufferings, extra nourishment and medical expenses, this Court feels it to be a reasonable. The amount towards medical expenses was awarded by the Tribunal on the basis of medical bills produced by the claimant. Accordingly, the claimant is entitled to sum of Rs.2,58,111/-. [a] For Permanent Disability Rs.2,07,360/- [b] For Pain and Sufferings Rs. 5,000/- [c] For Extra Nourishment Rs. 2,000/- [d] For Medical Expenses Rs. 43,751/- Total Rs.2,58,111/- 9. In the result, the Civil Miscellaneous Appeal is partly allowed, reducing the compensation amount awarded by the Tribunal from Rs.4,97,471/- to Rs.2,58,111/-. The Insurance company is directed to deposit the compensation amount determined in this appeal together with interest as awarded by the Tribunal, if not already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is entitled to withdraw the compensation amount determined in this appeal together with accrued interest. No costs. Consequently, connected Miscellaneous Petition is closed.