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2018 DIGILAW 3040 (MAD)

S. SRINIVASAN v. MURUGAN

2018-09-18

V.M.VELUMANI

body2018
JUDGMENT V.M. Velumani, J. The appellants being aggrieved by the quantum of compensation filed these appeals. 2. According to the appellants, while they were travelling in the Van belonging to the first respondent insured with the second respondent and the Lorry belonging to the third respondent insured with the fourth respondent, which was going in front of the Van and suddenly the driver of the lorry applied brake and the accident occurred. In the accident, the appellants sustained multiple injuries. The appellant in C.M.A(MD)No.1475 of 2011 was taking treatment as in-partient in the hospital from 05.06.2004 to 09.06.2004.The appellant in C.M.A(MD) No.1513 of 2011 was taking treatment as in-partient in the hospital from 05.06.2004 to 11.06.2004 and hence, they filed these appeals against the respondents 1 to 4. 3. The respondents 1 and 3 remained ex-parte before the Tribunal. The respondents 2 and 4 in the counter blamed the driver of other vehicle. 4. Before the Tribunal, on the side of the appellants, the appellant in C.M.A.No.1475 of 2011, namely, Srinivasan examined himself as P.W.1 and one Dhanalakshmi was examined as P.W.2 and Doctor Vijayakumaran was examined as P.W.3. On the side of both the appellants, 20 documents were marked as Ex.P.1 to Ex.P.20. On the side of the respondents, one K. Mahendran was examined as R.W.1 and no document was marked. 5. The Tribunal, considering the pleadings, both oral and documentary evidence let in by the parties, held that the accident occurred due to the negligence of both the drivers and directed the respondents 2 and 4 to pay the compensation equally to the appellants. 6. Heard the learned counsel for the appellants, the fourth respondent and the second respondent and perused the materials available on record. 7. C.M.A. No.1475 of 2011: From the materials on record, it is seen that the Doctor gave wound certificate and that the appellant suffered 40% partial permanent disability. The Tribunal reduced the same to 30% without any basis. The reasons given by the Tribunal for reducing the percentage of the disability is not valid and the same is set aside. The appellant in C.M.A.(MD) No.1475 of 2011 is entitled to Rs. 80,000/-(40% X 2000) for 40% of partial disability. 8. The Tribunal fixed the notional income of the appellant as Rs. 2000/- per month, but did not award any compensation for loss of income during the treatment period and after treatment period. The appellant in C.M.A.(MD) No.1475 of 2011 is entitled to Rs. 80,000/-(40% X 2000) for 40% of partial disability. 8. The Tribunal fixed the notional income of the appellant as Rs. 2000/- per month, but did not award any compensation for loss of income during the treatment period and after treatment period. Considering the nature of injuries, the appellant is entitled to Rs. 4000/-(Rs.2000X2) for loss of income for two months. The Tribunal has not awarded any amount towards attendent Charges, Transportation and future medical expenses. The appellant is entitled to Rs. 5000/- towards attendant charges, Rs. 5000/- towards Transportation and a sum of Rs. 10,000/- towards future medical expenses. 9. Accordingly, the award of the Tribunal granted to the appellant/claimant in C.M.A.(MD)No.1475 of 2011 is modified as follows : Sl. No. Heads Amount awarded by Tribunal (Rs.) Amount awarded by this Court (Rs.) Award- set aside/ enhanced/granted/ reduced/confirmed 1. For disability and loss of income 60,000 80,000 enhanced 2. Loss of income for 2 months - 4000 granted 3. For pain and suffering 20,000 20,000 confirmed 4. For extra nourishment 10,000 10,000 confirmed 5. For medical bills 26,000 26,000 confirmed 6. For Attendant Charges - 5,000 granted 7. Transportation - 5,000 granted 8. Future medical expenses - 10,000 granted Total 1,16,000 1,60,000 Enhanced by Rs. 44,000/- 10. As far as C.M.A.(MD) No.1513 of 2011 is concerned, the Doctor has given wound certificate. The Tribunal has awarded a sum of Rs. 25,000/- for 25% disability and the same is set aside. The appellant is entitled for a sum of Rs. 50,000/-(2000X25 =50,000). The appellant is minor and he would have suffered more pain and suffering. The amount awarded towards pain and suffering is enhanced from Rs. 5000/- to Rs. 20,000/-. The amount awarded towards extra nourishment is enhanced from Rs. 2000 to Rs. 10,000/-. The Tribunal did not grant any amount towards attendant charges, transportation and future medical expenses. The appellant is entitled to Rs. 10,000/- towards attendant charges, Rs. 5000/- towards Transportation and Rs. 25000/- towards future medical expenses. The amount awarded by the Tribunal towards medical expenses is confirmed. 11. Accordingly, the award of the Tribunal granted to the appellant in C.M.A.(MD)No.1513 of 2011 is modified as follows : Sl. No. Heads Amount awarded by Tribunal (Rs.) Amount awarded by this Court (Rs.) Award- set aside/ enhanced/granted/ reduced/confirmed 1. For Disability 25,000 50,000 enhanced 2. The amount awarded by the Tribunal towards medical expenses is confirmed. 11. Accordingly, the award of the Tribunal granted to the appellant in C.M.A.(MD)No.1513 of 2011 is modified as follows : Sl. No. Heads Amount awarded by Tribunal (Rs.) Amount awarded by this Court (Rs.) Award- set aside/ enhanced/granted/ reduced/confirmed 1. For Disability 25,000 50,000 enhanced 2. For pain and suffering 5,000 20,000 enhanced 3. For extra nourishment 2,000 10,000 enhanced 4. For medical bills 15,200 15,200 confirmed 5. For Attendant Charges - 10,000 granted 6. Transportation - 5,000 granted 7. Future medical expenses - 25,000 granted Total 47,200 1,35,200 Enhanced by Rs. 88,000/- 12. With the above modification, these Civil Miscellaneous Appeals are partly allowed. No costs. 13. The respondents 2 and 3 are directed to deposit the compensation amount jointly and severally now determined by this Court with interest and costs to the credit of M.C.O.P.Nos.468 and 469 of 2005 on the file of the Motor Accidents Claims Tribunal cum Principal Sub-Court, Dindigul less the amount, if any already deposited within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant in C.M.A.(MD) No.1475 of 2011 is permitted to withdraw the amount by making necessary application before the Tribunal. The compensation amount of the minor appellant in C.M.A.(MD)No.1573 of 2011 is directed to be deposited in any one of the nationalized banks till he attains majority. The father/guardian of the minor is permitted to withdraw interest once in three months.