AI Structured Summary
Not yet generated for this judgment
Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the claimant against award dated 10.11.2004 made in MCOP No. 2913 of 1998
by the Motor Accident Claims Tribunal (III Judge, Court of Small Causes), Chennai.
Background facts in a nutshell are as follows:
On 08.11.1998 at about 21.30 hours, while the claimant was walking at Annasalai Todhunter Nagar, a motor cycle belonging to the first
respondent bearing registration No. TN-02-E-0970 came in a rash and negligent manner from South to North and hit against the claimant. Due to
which, the claimant sustained grievous injuries. Immediately he was admitted in Government General Hospital, Chennai as inpatient. Though he
claimed a sum of Rs. 1,10,500/- as compensation, he restricted his claim to Rs. 1,00,000/- before the Tribunal. The said motorcycle belonging to
the first respondent was insured with the second respondent-Insurance company, which resisted the claim. On pleadings the Tribunal framed the
following issues:
Whether the accident had occurred due to the rash and negligent driving of the rider of the bike or not?
What is the compensation the claimant is entitled to? If so, what is the amount and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to rash and negligent driving of the
rider of the motorcycle-first respondent and awarded a compensation of Rs. 31,200/- with 9% interest per annum from the date of petition and the
details of the same are as under:
Transport charges Rs. 1,500/-
Extra nourishment Rs. 1,500/-
Damage to clothes Rs. 200/-
Medical expenses Rs. 3,000/-
Treatment at private hospital Rs. 2,000/-
Pain and suffering Rs. 4,000/-
Permanent disability at 40% Rs. 15,000/-
Loss of earning capacity Rs. 4,000/-
------------------
Total .... Rs. 31,200/-
------------------
Aggrieved by that award, the claimant has filed the present appeal for enhancement.
The learned Counsel appearing for the claimant-appellant submitted that the Tribunal ought to have awarded compensation as claimed by the
claimant and the amount awarded under various heads is very low and the Tribunal has not followed the principles of assessment before passing
the award. He further submitted that the amount awarded by the Tribunal is very low and meagre and seeks for enhancement of compensation.
Learned Counsel appearing for the second respondent-Insurance company submitted that the Tribunal had considered all the relevant materials
and evidence on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order of the
Tribunal is in accordance with law and the same is to be confirmed.
Heard the Counsel. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P7 were marked. On the side of the
respondents no witness was examined and no document was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor
Thiagarajan. PW3 is V. Pushparaj, ATSI Ex.P1 is the discharge summary. Ex.P2 is the series of bills. Ex.P3 is the EEG report. Ex.P4 is the scan
report. Ex.P5 is the disability certificate. Ex.P6 is the First Information Report. Ex.P7 is the rough sketch. After considering the oral and
documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the
rider of the motorcycle, the first respondent herein and the finding is based on valid materials and evidence.
At the time of the accident, the claimant was aged about 13 years. He was studying at VII standard in Model High School, Saidapet, Chennai-
600015. PW1-the claimant, in his evidence, has deposed that while he was walking along the road, a motor cycle belonging to the first respondent
bearing registration No. TN-02-E-0970 came in a rash and negligent manner from South to North and hit against him and due to which, he
sustained head injury and multiple injuries all over the body. Immediately he was admitted in Government General Hospital, Chennai as in-patient.
He took treatment from 08.11.1998 to 12.11.1998 and has also marked Ex.P1 discharge summary. He further deposed that a case has been
registered against the rider of the motorcycle, namely, the first respondent, and he has paid a fine of Rs. 1,200/-. After considering the oral and
documentary evidence, the Tribunal awarded a sum of Rs. 1,500/- towards transport charges. Immediately after the accident, the claimant was
admitted in the hospital and took treatment from 8.11.1998 to 12.11.1998. There is no dispute regarding the same. Taking into consideration of
the same, it would be reasonable to award a sum of Rs. 2,000/- as against Rs. 1500/- awarded by the Tribunal. The Tribunal has awarded Rs.
1500/- towards extra nourishment and Rs. 200/- towards damage to the clothes, which are very reasonable and the same are confirmed. The
Tribunal has awarded a sum of Rs. 3000/- towards medical expenses and Rs. 2000/- towards treatment expenses. Ex.P2 are the series of medial
bills. It is the actual expenditure incurred by the claimant. Considering the same, I am of the view that the amount awarded under these heads are
very reasonable and the same are confirmed. The Tribunal has awarded a sum of Rs. 4000/- towards pain and suffering. The claimant sustained
head injury and multiple injuries all over the body. He was 13 years old school going boy. Considering the same, it would be reasonable to award
a sum of Rs. 7500/- under this head as against Rs. 4000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs. 15,000/- towards
40% disability. PW2, Doctor Thiagarajan, who examined the claimant, has given Ex.P5 disability certificate to the extent of 40%. He deposed that
there is variation between one Doctor to another in determination of disability to the extent of 5%. Normally the Courts award Rs. 1000/- to
2000/- for 1% disability. In this case, the disability is fixed at 40%. Considering the facts and circumstances of the case, I feel it is just and proper
to award Rs. 1,000/- for 1% disability and if Rs. 1000/- is awarded per percentage of disability, the award towards permanent disability would be
Rs. 40,000/-(1000 x 40) as against the award amount of Rs. 15,000/- awarded by the Tribunal. The Tribunal has also awarded a sum of Rs.
4,000/- towards loss of earning power. There is no dispute regarding the same. Hence, the amount awarded under this head is very reasonable
and the same is confirmed. The Tribunal has awarded interest at the rate of 9% p.a from the date of petition. The accident was occurred on
08.11.1998. Keeping in view the prevailing rate of interest at the time of the accident, I am of the view that the rate of interest awarded by the
Tribunal is very reasonable and the same is confirmed. The details of the modified compensation as per the above discussion are as under:
Transport charges Rs. 2,000/-
Extra nourishment Rs. 1,500/-
Damage to clothes Rs. 200/-
Medical expenses Rs. 3,000/-
Treatment at private hospital Rs. 2,000/-
Pain and suffering Rs. 7,500/-
Permanent disability at 40% Rs. 40,000/-
Loss of earning power Rs. 4,000/-
------------------
Total .... Rs. 60,200/-
Less: Already awarded by the Tribunal Rs. 31,200/-
------------------
Total enhancement Rs. 29,000/-
------------------
Therefore, the claimant is entitled to the enhanced compensation of Rs. 29,000/- with interest at 7.5% from the date of petition.
The second respondent-Insurance Company is directed to deposit the enhanced compensation of Rs. 29,000/- with interest at 7.5% from the
date of petition within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant-claimant, who is
declared as major, is permitted to withdraw the same on proper application.
With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.