The Branch Manager, The Oriental Insurance Co. Ltd. vs C.M. Sadhanand

R. Subbiah, J.—This appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Special Subordinate Judge, Krishnagiri in and by award dated 27.06.2013 made in M.C.O.P. No.1256 of 2013. Since the present appeal has been filed only questioning the quantum of compensation awarded by the Tribunal, I am not dealing with the other aspects of the award.

So far as the quantum of compensation is concerned, it is the case of the respondent/claimant before the Tribunal that on account of the accident, he had sustained following injuries:

1.Punctured wound over the right fore arm

2.Fracture of both bones of right fore arm (Radius and Ulna bones)

3.Fracture of both bones of right leg (tibia and fibula bones)

4.Abrasion over the right medial aspect.

In order to prove the disability, on the side of the appellant, the appellant examined himself as PW1, besides examining one Dr.M.Devendran as PW2 and 7 documents were marked as Exs.P1 to P7. PW2 had assessed the disability suffered by the victim as 55%.

The Tribunal, by considering the evidence of PW2, has fixed the disability at 48% and by fixing a sum of Rs. 6,000/- as monthly income and by applying the multiplier 16, has awarded a sum of Rs.5,18,400/- under the head loss of earning capacity. That apart, the Tribunal, by awarding compensation under different heads, has passed an award for a total sum of Rs.6,45,900/-. The break-up details of the amount awarded by the Tribunal is as follows:

Loss of earning capacity

Rs. 5,18,400.00

Pain and Suffering

Rs. 25,000.00

Nutrition and transportation

Rs. 20,000.00

Medical Bills

Rs. 11,500.00

Future Medical expenses

Rs. 25,000.00

Attender charges

Rs. 10,000.00

Partial loss of income

Rs. 36,000.00

Total

Rs. 6,45,900.00

Aggrieved over the amount of compensation awarded by the Tribunal, the insurance company has filed the present appeal.

It is the main submission of the learned counsel for the appellant that a sum of Rs.5,18,400/- awarded by the Tribunal under the head loss of earning capacity is extremely on the higher side and hence, proper reduction has to be made.

Per contra, the learned counsel for the first respondent has made his submissions supporting the award passed by the Tribunal.

Keeping the submissions made on either side, I have carefully gone through the entire materials available on record.

Considering the facts and circumstances of the case, I am of the opinion that by fixing the disability at 40% and by taking the monthly income as Rs.4,000/-, the amount awarded by the Tribunal could be modified to arrive as just and proper compensation under the head loss of earning capacity. If so awarded, the loss of earning capacity would works out to Rs.3,07,200/-. Hence, a sum of Rs.5,18,400/- awarded by the Tribunal under the head loss of earning capacity is hereby reduced to Rs.3,07,200/-. A sum of Rs.25,000/- awarded by the Tribunal under the head future medical expenses and a sum of Rs.36,000/- awarded by the Tribunal under head partial loss of income are hereby set aside. However, considering the nature of injuries, I am of the opinion that the victim would find it difficult to carry on his normal avocation as he was doing before the accident and hence, a sum of Rs.25,000/- is hereby awarded under the head loss of amenities. Consequently, a sum of Rs.6,45,000/- awarded by the Tribunal is hereby reduced to Rs.3,98,700/-. The Tribunal has awarded interest only at the rate of 6% p.a. Since it appears to be on the lower side, the same is hereby enhanced to 7.5% per annum. The break up details of the modified award amount is as follows:

Loss of earning capacity

Rs.3,07,200.00

Pain and Suffering

Rs. 25,000.00

Nutrition and Transportation

Rs. 20,000.00

Medical Bills

Rs. 11,500.00

Loss of amenities

Rs. 25,000.00

Attender Charges

Rs. 10,000.00

Total

Rs.3,98,700.00

The same is rounded off to Rs.4,00,000/-.

In the result, the Civil Miscellaneous Appeal is partly allowed and appellant Insurance Company is directed to deposit the entire award amount with interest at the rate of 7.5% p.a and cost, less the amount already deposited, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the first respondent is permitted to withdraw the entire amount on due application. No costs. Consequently, the connected miscellaneous petition is closed.