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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the claimant against the against the award dated 02.08.2004 made in M.C.O.P No.
307 of 2001 by the Motor Accident Claims Tribunal, Kancheepuram (Additional District Judge, Fast Track Court-II, Kancheepuram).
Background facts in a nutshell are as follows:
One injured Munusamy met with motor traffic accident on 06.11.2000 at about 01.45 P.M. The said injured was the pillion rider of the Hero
Honda bearing registration No. TN-23-X-3632. The Hero Honda was ridden by his friend one Santhakumar from Thirupukkuzhi towards
Kancheepuram on the left side of the GWT road. While they were nearing Kizh Ambi Koot road, they turned the Hero Honda to the right side of
the road for the purpose of going to Kancheepuram, and at that time, a car bearing registration No. TN 25 Y 1050 belonging to the first
respondent came in the left side of the road in a rash and negligent manner and hit the Hero Honda. Due to the impact, both the rider as well as the
pillion rider fell down and sustained grievous injuries. Both of them were admitted in Kancheepuram Government Hospital. The said car was
insured with the second respondent insurance company who resisted the claim. On pleadings, the Tribunal framed the following issues:
Whose negligence the accident was occurred?
What is the compensation, the claimant is entitled to?
3.What is the other relief, the claimant is entitled to?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of
the driver of the car and awarded compensation of Rs. 1,06,000/- with interest @ 7.5% per annum from the date of claim petition and the details
of the same are as under.
Medical expenses and extra nourishment = Rs. 30,000/-
Transportation = Rs. 6,000/-
Pain and suffering = Rs. 10,000/-
Loss due to 40% disability = Rs. 40,000/-
Loss of earning power = Rs. 20,000/-
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Total = Rs. 1,06,000
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Aggrieved by that award, the claimant has filed the present appeal for enhancement.
The learned Counsel appearing for the claimant submitted that the Tribunal has awarded a very low and meagre sum of compensation without
any basis and justification and the Tribunal ought to have awarded compensation as claimed by the claimant. Further, the Tribunal has not
considered the relevant materials and also not followed the principles of assessment before passing the award. Therefore, the award passed by the
Tribunal is not in accordance with law and it is a fit case for enhancement.
Inspite of notice is served on the second respondent insurance company, there is no representation on their behalf either in person or through
pleader.
Heard the counsel. On the side of the claimant, P.Ws.1 and 2nd were examined and documents Exs.P1 to P34 were marked. On the side of
the 2 respondent insurance company, no one was examined and no document was marked to substantiate their claim. The claimant was examined
as P.W.1. P.W.2 is Dr. A. Vaithyalingam. Ex.P1 dated 06.11.2000 is the copy of the FIR, Ex.P2 dated 16.10.2003 is the copy of the wound
certificate, Ex.P3 dated 18.11.2000 is the discharge summary, Ex.P4 dated 09.03.2001 is the discharge summary, Ex.P5 dated 02.12.2000 is the
blood bank Donor''s slip, Ex.P6 dated 22.08.2001 to 25.08.2001 is the Medical bills issued by CMC Hospital Vellore, Ex.P7 dated 22.08.2000
is the visitor pass, Ex.P8 dated 11.04.2001 is the Hand and Leprosy Physiotherapy request, Ex.P9 dated 22.08.2001 is the ECG bill for Rs.
130/- issued by C.M.C Hospital, Vellore, Ex.P10 dated 29.08.2001 is the cash receipt for Rs. 35/-, Ex.P11 dated 11.04.2001 is the cash receipt
for Rs. 30/-, Ex.P12 dated 14.04.2001 is the cash receipt for Rs. 50/-, Ex.P13 dated 07.04.2001 is the cash receipt for Rs. 450/-, Ex.P14 dated
11.04.2001 is the cash receipt for Rs. 30/-, Ex.P15 dated 05.09.2001 is the cash receipt for Rs. 30/-, Ex.P16 dated 22.08.2001 is the cash
receipt for Rs. 7.50/-, Ex.P17 dated 18.08.2001 is the cash receipt for Rs. 30/-, Ex.P18 dated 22.08.2001 is the cash receipt for Rs. 250/-,
Ex.P19 dated 26.06.2001 is the cash receipt for Rs. 120/-, Ex.P20 dated 22.08.2001 is the cash receipt for Rs. 149/-, Ex.P21 dated
18.08.2001 is the cash receipt for Rs. 200/-, Ex.P22 dated 26.06.2001 is the cash receipt for Rs. 35/-, Ex.P23 dated 05.09.2001 is the cash
receipt for Rs. 35/-, Ex.P24 dated 13.06.2001 is the cash receipt for Rs. 30/-, Ex.P25 dated 30.04.2001 is the cash receipt for Rs. 30/-, Ex.P26
dated 16.04.2001 is the cash receipt for Rs. 3,816/-, Ex.P27 dated 14.04.2001 is the cash receipt for Rs. 3,877.70/-, Ex.P28 dated 11.04.2001
is the cash receipt for Rs. 1,272/-, Ex.P29 dated 19.04.2001 is the cash receipt for Rs. 2,544/-, Ex.P30 dated 23.08.2001 is the cash receipt for
Rs. 822.60/-, Ex.P31 dated 20.08.2001 is the cash receipt for Rs. 670/-, Ex.P32 dated 07.04.2001 is the cash receipt for Rs. 1,055/-, Ex.P33
dated 25.12.2003 is the disability certificate and Ex.P34 is X-ray, were marked. After considering the above oral and documentary evidence, the
Tribunal has given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the Hero Honda. It
is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.
At the time of the accident, the injured was aged about 50 years. P.W.1 is the claimant. In his evidence, it is stated that he is an agriculturist and
he claimed that he was earning a sum of Rs. 5,000/- per month. In his evidence, it is further stated that only the driver of the car caused the
accident and the driver was also charge sheeted by Balchettichatram Police Station in Cr. No. 394/2000. Due to the accident, he sustained
following injuries and fracture:
Injury over the right side head
Injury over the right hand
Injury over the right hip
Fracture of Bone over the left-leg
Injury over the right leg.
After the accident, immediately he was admitted in Government Hospital, Kancheeputam and later, he was taken treatment in C.M.C Hospital,
Vellore. In his evidence, it is further stated that due to the injury, he is unable to do work as before. Ex.P2 is the wound certificate, in which, it is
stated that there is a fracture on the left thigh and patella. Ex.P33 is the discharge summary issued by Stanley Hospital also corroborate the same.
Ex.P16 to 32 are the medical bills, in which, the medical expenses works out to Rs. 20,764/-. After considering the oral and documentary
evidence, the Tribunal awarded a sum of Rs. 30,000/- towards medical expenses and extra nourishment which is very reaonable and the same is
confirmed. Further, the Tribunal awarded a sum of Rs. 6,000/- towards transportation which is very low and meagre. He was admitted in
Government Hospital, Kancheepuram, and later, he was taken treatment in C.M.C Hospital, Vellore, and naturally, he would have incurred some
expenditure towards transportation. Therefore, it is reasonable to award a sum of Rs. 15,000/- towards transportation as against Rs. 6,000/-
awarded by the Tribunal. However, the Tribunal awarded a sum of Rs. 10,000/- towards pain and suffering. After taking into consideration of the
nature of injury stated above, and he was taken treatment in the hospital for a period of 44 days as inpatient and after discharge also, he was taking
treatment as outpatient. Taking into consideration of the above, it is reasonable to award a sum of Rs. 20,000/- towards pain and suffering as
against Rs. 10,000/- awarded by the Tribunal. P.W.2 is Dr. A. Vaithyalingam, who examined the claimant and determined the disability at 40%.
Ex.P33 is the disability certificate given by him. Ex.P34 is X-ray. In the evidence of P.W.2, it is stated that the injured sustained fracture over his
left thigh and also left knee and the bones were also malunited and his left leg was shortened by 1 c.m. Due to the injury, he is unable to stand
walk, substantially. After considering the above oral and documentary evidence, the Tribunal awarded a sum of Rs. 40,000/- towards due to 40%
disability. After awarding the said sum, the Tribunal awarded a sum of Rs. 20,000/- towards loss of earning power which is unwarranted and the
same is deleted. Normally, Courts award a sum of Rs. 1,000/- to Rs. 2,000/- per percentage of disability. After taking into consideration of the
nature of injury and the oral evidence of P.W.2 doctor, it is reasonable to award a sum of Rs. 2,000/- per percentage of disability. If Rs. 2,000/- is
awarded, the loss due to 40% disability is works out to Rs. 80,000/- (Rs. 40 x 2000). Therefore, the claimant is entitled to a sum of Rs. 80,000/-
towards loss due to 40% disability as against Rs. 40,000/- awarded by the Tribunal. The interest rate awarded by the Tribunal is 9% per annum.
After taking into consideration of the date of accident, date of award and the prevailing rate of interest during that period, it is reasonable to award
interest @ 7.5% per annum. The modified amount of the compensation are as under:
Medical expenses = Rs. 30,000/-
Transport charges = Rs. 15,000/-
Pain and suffering = Rs. 20,000/-
Loss due to 40% disability = Rs. 80,000/-
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Total = Rs. 1,45,000/-
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(Less) Amount awarded by the Tribunal = Rs. 1,06,000/-
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Enhanced Compensation = Rs. 39,000/-
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The enhanced compensation of Rs. 39,000/- is rounded off to Rs. 40,000/-. Therefore, the claimant is entitled to the enhanced compensation of
Rs. 40,000/- with interest @ 7.5% per annum from the date of claim petition.
The 2nd respondent insurance company is directed to deposit the enhanced compensation of Rs. 40,000/- with interest @ 7.5% per annum within
a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same, on making
proper application.
With the above modifications, the appeal is disposed of. No costs.