JUDGMENT : (Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.313 of 2016 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, dated 26.07.2019.) 1. This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli made in M.C.O.P.No.313 of 2016, dated 26.07.2019. 2. It is a case of injury sustained by the injured/claimant in an accident, which took place on 24.12.2015 at 4.20 p.m., near Sengulam branch road. 3. It is the case of the claimant before the Tribunal that when he was riding a motorcycle bearing registration No.TN 72 AK 8588 from South to North on the Tirunelveli-Nagercoil National Highway, after showing hand signal and the indicator, turned the vehicle towards left. At that time, the first respondent car bearing registration No.TN 49 BY 1018, insured with the second respondent came behind of the motorcycle in a rash and negligent manner and hit against the motorcycle from behind and caused the accident. In the said accident, the injured sustained grievous injuries. 4. The claimant filed an application in M.C.O.P.No.313 of 2016 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, seeking compensation. 5. Before the Tribunal, the appellant/claimant examined three witnesses as P.Ws.1 to 3 and marked 27 documents as Ex.P.1 to Ex.P.27. The second respondent/Insurance Company examined one witness as R.W.1 and did not marked any document before the Tribunal. 6. The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the car and therefore, directed the second respondent/Insurance Company to pay a sum of Rs.6,90,000/-, as compensation with interest at 9% per annum from the date of petition to till the date of realization. 7. Against which, the appellant/claimant filed this present appeal seeking enhancement of compensation. 8. The learned counsel for the appellant/claimant would submit that the victim sustained injuries and he was treated by P.Ws.2 and 3-Doctors. The P.W2-Doctor on physical examination assessed the disability at 61.2% and issued certificate on the basis of reports and examination.
7. Against which, the appellant/claimant filed this present appeal seeking enhancement of compensation. 8. The learned counsel for the appellant/claimant would submit that the victim sustained injuries and he was treated by P.Ws.2 and 3-Doctors. The P.W2-Doctor on physical examination assessed the disability at 61.2% and issued certificate on the basis of reports and examination. However, based on Ex.P.14 disability certificate issued by the TVMC Board Hospital, Tirunelveli, it was assessed that the permanent disability with regard to the whole body is 50%. The learned counsel for the appellant relied on the Judgment rendered in Sudeep. A.K vs. General Manger, KSRTC & Ors., reported in 2019 (2) TN MAC 606 (DB) (Kar.), wherein the award of Rs.8,27,000/- was enhanced to Rs.41,92,000/- 9. Heard the learned counsel for the parties and perused the materials placed before this Court. 10. Perusal of the record reveals that the injured/claimant has suffered pain and permanent disability which continues his life causing serious impact on the quality of life and his future is in peril. Considering the fact that the disability is worse than that of a fatal accident, as a victim, he has to eke out through out his life with the permanent disability and hence, the injured claimant needs to be compensated. 11. The Hon’ble Supreme Court, in Syed Sadiq vs. United India Insurance Co.Ltd., reported in 2014 (1) TN MAC 459(SC), has fixed the monthly income at Rs.6,500/- for a vegetable vendor where there was no proof of income. In the present case on hand, during the time of accident, the injured claimant eking out his life by running a tuition centre and hence, it is reasonable to fix Rs.6,000/- as a monthly income and since the age of the injured claimant was found to be 25 years, the appropriate multiplier to be applied as per the Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009(2) TN MAC 1(SC) case, is ‘18’ and therefore, the loss of income would be Rs.6000/- + 50% X 12 X 18 = Rs.6,80,000/- and therefore, the compensation awarded for loss of income is enhanced to Rs.6,80,000/-. 12. Further, the sum of Rs.30,000/- (Rupees Ten Thousand only) awarded by the Tribunal towards pain and suffering, is on the lower side and therefore, the same is enhanced to a sum of Rs.1,00,000/- (Rupees One Lakh only). 13.
12. Further, the sum of Rs.30,000/- (Rupees Ten Thousand only) awarded by the Tribunal towards pain and suffering, is on the lower side and therefore, the same is enhanced to a sum of Rs.1,00,000/- (Rupees One Lakh only). 13. Similarly, the sum of Rs.15,000/- (Rupees Fifteen Thousand only) awarded by the Tribunal towards extra nourishment is on the lower side and therefore, the same is enhanced to a sum of Rs.50,000/- (Rupees Fifty Thousand only) by this Court and the other heads are confirmed. 14. In view of the settled position of law, this Court modifies the award of the Tribunal by enhancing the compensation, as under:- S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1. For permanent disability at Rs.4000/-x50 2,00,000 6,80,000 enhanced 2. Attendance Charges 5,000 5,000 3. For pain and sufferings 30,000 1,00,000 enhanced 4. Transport to Hospital 5,000 5,000 5. For Extra Nourishment 15,000 50,000 Enhanced 6. Loss of Convenience 30,000 30,000 7. Temporary loss of income 30,000 30,000 8. Medical Expenses 3,75,000 3,75,000 Total Rs.6,90,000 Rs.12,75,000 By enhancing a sum of Rs.5,85,000/- 15. In the result, (i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.6,90,000/- (Rupees Six Lakhs Ninety Thousand only) to a sum of Rs.12,75,000/- (Rupees Twelve Lakhs Seventy Five Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs; (ii) The second respondent/Insurance Company is directed to deposit the entire award amount of Rs.12,75,000/- (Rupees Twelve Lakhs Seventy Five Thousand only) with accrued interests 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 judgment. On such deposit being made, the appellant/claimant is permitted to withdraw the entire award amount, with accrued interests and costs, without filing any formal application before the Tribunal. No Costs.