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Judgment
N. Kirubakaran, J.—This Civil Miscellaneous Appeal has been preferred by the Transport Corporation aggrieved only by the quantum of compensation awarded by the Motor Accidents Claims Tribunal.
The accident occurred on 07.01.2010, when the claimant/respondent herein, who was standing on the road, was hit by the appellant Transport Corporation bus, driven in a rash and negligent manner. For the injuries sustained in the said accident, the claim petition was filed by the claimant seeking compensation to the tune of Rs. 12 lakhs. On contest, the Tribunal found that the bus, belonging to the appellant Corporation, was driven rashly and negligently, resulting in the accident and therefore, awarded a sum of Rs. 10,52,000/- as compensation.
Heard the learned counsel for the appellant.
Learned counsel for the appellant would submit that the monthly income of the claimant fixed at Rs.7000/- is without any proof and therefore, the amount awarded towards "Loss of Earning Power" is on the higher side.
A perusal of the award would show that the claimant sustained haemothorax (right side) with degloving injury with skin loss over right leg and fracture of right II MTB over right foot, injury over left knee and injury over right chest for which wound debridement and suturing was done; at the fracture site, reduction was mobilised with plaster of paris and aspirated 50 ml blood was stained fluid from right 6-7 intercostal space strapping was done. The claimant was initially admitted in Government Stanley Hospital, as per Exs-P2 and P3, and thereafter, he was admitted in CMC Hospital, Vellore, as evident from Ex-P4 and P5. Subsequently, he was admitted in Aesthetics Clinic, Tirupathi, for a period of 12 days from 01.02.2010 to 11.02.2010, wherein he underwent a surgery on 03.02.2010. Taking into consideration all the above facts and based on the evidence of Doctor, P.W.2., the Tribunal determined the percentage of disability at 60%, even though it was assessed by the Doctor at 70%.
As far as monthly income of the claimant is concerned, though there was no positive evidence, the Tribunal, considering the employment of the claimant as RMS Postal Assistant, Kumbakonam and based on the evidence of the claimant, who was examined as P.W.1., determined the monthly income at Rs.7000/-. The Honourable Apex Court, in the judgment reported in Syed Sadiq etc. Vs. Divisional Manager, United India Ins. Company, , in the absence of any material towards proof of income, fixed the monthly income at Rs.6500/- for a vegetable vendor, who was injured in the accident that occurred on 14.02.2008. Whereas, in this case, the claimant is a RMS Postal Assistant and the accident had occurred on 07.01.2010, two years after the accident, referred in the above cited judgment of the Honourable Apex Court. Therefore, the monthly income of Rs.7000/- determined by the Tribunal cannot be found fault with and the same is in consonance with the above cited judgment of the Honourable Apex Court.
Since the claimant was aged about 43 years, at the time of accident, following the judgment of the Honourable Apex Court rendered in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, was taken and "Loss of Earning Power" was determined as follows:
Monthly Income :: Rs.7000/-
Annual Monthly Income :: Rs.7000 x 12
Applying Multiplier 14 and taking 60% disability :: Rs.7000 x 12 x 14 x 60/100
Loss of Earning Power :: Rs.7,05,600/-
The said determination is perfectly justified. The other amounts awarded towards "Loss of Income" for six months, namely, Rs.42,000/-; Rs.5000/- towards "Transportation Expenses"; Rs.5000/- towards "Extra Nourishment"; Rs.5000/- towards "Attender Charges"; Rs.25,000/- towards "Loss of Amenities"; Rs. 20,000/- towards "Physical Disfigurement"; Rs.50,000/- towards "Pain and Suffering" and Rs.1,94,248/- towards "Medical Expenses" are all very reasonable and therefore, there is no occasion for this Court to interfere with the same. The rate of interest at 7.5% per annum is also confirmed.
In the result, the award passed by the Tribunal, to the tune of Rs.10,51,848/- rounded off to Rs.10,52,000/- is confirmed. The appeal fails and the same is dismissed. No costs. Connected M.P. is closed.
The appellant Transport Corporation is directed to deposit the entire award amount with accrued interest before the Tribunal, on or before 22.12.2014 failing which the Managing Director of the appellant Transport Corporation shall appear before this Court on 23.12.2014.
Call the matter for reporting compliance on 23.12.2014.