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Judgment
P. Murgesen, J.—This Civil Miscellaneous Appeal is directed against the decree and judgment passed by the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate, Virudhunagar at Srivilliputhur made in MCOP No. 66 of 2005 dated 28.02.2006.
The brief facts arising out of this appeal are as under: The first respondent herein has been running a cycle repair shop in the name of
Muthumariamman Cycle Shop which is located near Kaikatty Kovil on the Srivilliputhur - Sivakasi Road. On 02.08.2002 at about 4.00 p.m., two
new cycles and four other cycles were waiting in line to be repaired, in the cycle shop. When the first respondent was busily engaged in repairing
the cycles, a lorry bearing Registration No. TDR 3656, belonging to the second respondent and insured with the appellant/Insurance Company,
coming from Sivakasi to Srivilliputhur, came in a rash and negligent manner and then dashed against another lorry coming on the opposite direction
and then dashed through the first respondent''s cycle shop and fell into the Chenkulam Odai. In the impact, the shop of the first respondent was
broken and the first respondent had also sustained injuries. The first respondent was taken to the Government Hospital, Srivilliputhur. The first
respondent/claimant claimed a sum of Rs. 1,00,000/- as compensation before the Tribunal.
Before the Tribunal, P.W.1 to P.W.3 and Ex.P1 to P11 were marked. On consideration of the evidence on record, the Tribunal awarded a
compensation of Rs. 60,280/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:
Rupees
Disability 50,880/-
Damages to cycle shop 6,000/-
Extra nourishment 1,400/-
Pain and suffering 1,400/-
Transport expenses 400/-
Damages to clothes 200/-
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Total.... 60,280/-
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Challenging the award of the Tribunal, the present appeal has been filed by the Insurance Company.
Learned Counsel for the appellant/Insurance Company has submitted that he is not disputing the finding of the Tribunal that the accident had
occurred only due to the rash and negligent driving of the driver of the lorry belonging to the second respondent, but he disputes the quantum of
compensation awarded by the Tribunal. Hence the finding of the Tribunal that the accident had occurred only due to the rash and negligent driving
of the driver of the lorry belonging to the second respondent is confirmed.
Now the question to be answered is what is the just compensation to be awarded to the first respondent/claimant?
In the claim petition, the claimant has claimed a sum of Rs. 50,000/- towards disability against which, the Tribunal awarded a sum of Rs.
50,880/- which is very excessive. P.W.2 - Dr. Ravichandran examined the claimant and issued Ex.P7 - Disability Certificate, in which it is stated
that the claimant sustained 15% disability, but the Tribunal was of the view that the claimant sustained only 7% disability, which I feel is correct.
So, for 7% disability it would be appropriate to award a sum of Rs. 25,000/-. Accordingly the amount awarded towards disability stands reduced
from Rs. 50,880/- to Rs. 25,000/-.
With regard to damages to cycle shop, the Tribunal has correctly awarded Rs. 6,000/- and hence the same is confirmed.
In respect of extra nourishment, the Tribunal has awarded a sum of Rs. 1,400/- which I feel is on the higher side. It would be appropriate and
reasonable to award a sum of Rs. 1,000/- towards this head. Hence the amount awarded by the Tribunal at Rs. 1,400/- towards extra
nourishment stands modified to Rs. 1,000/-.
In respect of pain and suffering, the Tribunal has awarded a sum of Rs. 1,400/- which I feel is low. The claimant took treatment in the
Government Hospital, Srivilliputhur and also in the R.N. Ortho Clinic, Rajapalayam and he was in-patient in these hospitals. There was a fracture
in the right leg thumb and the bones were not joined correctly and in view of the same, the claimant experienced pain. In view of these factual
aspects, it would be appropriate to award a sum of Rs. 5,000/- towards this head.
The amounts awarded by the Tribunal towards transport expenses at Rs. 400/- and towards damages to clothes at Rs. 200/- are set aside.
In the claim petition, the claimant has claimed a sum of Rs. 9,000/- towards loss of earning for the period from 02.08.2002 to 02.10.2002. To
calculate the loss of earning, the monthly income of the claimant should be determined. In the claim petition, the claimant has stated that he owns a
cycle shop and he was earning a sum of Rs. 4,500/- per month, but he has not produced any acceptable evidence to that effect. The Tribunal fixed
the monthly income of the claimant as Rs. 2,000/- which I feel is correct. Therefore, for the two months period, the claimant is entitled for a sum of
Rs. 4,000/- (Rs. 2,000/- x 2 months). Accordingly a sum of Rs. 4,000/- is awarded towards the head ""Loss of earning during the treatment
period"". The claimant has claimed a sum of Rs. 5,000/- in respect of treatment. It would be appropriate to award a sum of Rs. 2,000/- towards
this head.
With regard to loss of earning power, the claimant has claimed a sum of Rs. 25,000/-, but there is no evidence on record to show that,
because of the injuries sustained, there was a loss of earning power. The Doctor''s evidence is also silent about it. He is not able to say the
consequence of the disability. So, it would be appropriate not to award any amount under the head ""Loss of earning power"".
The details of the modified compensation are as under:
Rupees
Disability 25,000/-
Damages to cycle shop 6,000/-
Extra nourishment 1,000/-
Pain and suffering 5,000/-
Loss of earning during the
treatment period 4,000/-
Treatment 2,000/-
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Total.... 43,000/-
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The interest rate fixed by the Tribunal at 7.5% p.a. from the date of petition is confirmed.
In the result, the claimant is entitled to the modified compensation of Rs. 43,000/- with interest at 7.5% p.a. from the date of petition.
The Civil Miscellaneous Appeal is partly allowed. Consequently, M.P.(MD) No. 1 of 2008 is closed. No costs.