Branch Manager vs N. Ramaligam

S. Manikumar, J.—Being aggrieved by the determination of Monthly Income of Rs. 6,000/- by the Tribunal, the present Appeal has been filed. Except the above, no other submission has been advanced.

In the accident, which occurred on 19.12.2009, the Respondent/Claimant sustained communited fracture of hip, fracture of metacorpal bones in the middle finger and the left foot has been crushed. He also sustained other injuries, all over the body. At the time of accident, the Respondent/Claimant was aged 45 years, a Mason and earned Rs. 9,000/- per month. To substantiate the same, no document has been filed. However, the Tribunal, upon considering the age and avocation of the Respondent/Claimant, fixed Rs. 6,000/- as the monthly income.

PW 2, Doctor, who examined the Respondent/Claimant, with reference to Medical records, has deposed that the Respondent/Claimant has sustained a fracture of femur bone in the right side hip and a crush injury in the right foot, fracture of metacorpal bones. Upon perusal of X-Ray, PW 2, Doctor has observed that there was malunion of the fractured bones. Hence, he assessed partial Permanent Disability at 42% and issued Ex. P-3-Disability Certificate. On the basis of which, the Tribunal has computed the Loss of Earning Capacity to the extent assessed by PW 2, Doctor, at Rs. 3,74,000/- (Rs. 6,000 x 12 x 13 x 40%). That apart, the Tribunal has awarded Rs. 25,000/- for Pain and Suffering and Rs. 5,000/- each towards Transportation and Extra-Nourishment. Altogether, the Tribunal has awarded Rs. 4,09,400/- as Total Compensation, with interest at the rate of 7.5% per annum.

In Sri Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Co. Ltd., 2011 (2) TN MAC 190 (SC), a sum of Rs. 4,500/- was claimed as monthly wages for the deceased, stated to be a coolie. The claims Tribunal took Rs. 3,000/- as monthly income, for the purpose of computing the Loss of Contribution to the family. However, when the matter was taken on Appeal, the Supreme Court having regard to the wages of a labourer, during the relevant period (1994 - between Rs. 100 to Rs. 150/- per day) found fault with the Tribunal for reducing the claim from Rs. 4,500/- to Rs. 3,000/- and determined the income at Rs. 4,500/-.

In the case on hand, though the Respondent/Claimant has claimed that he was a Mason and earned Rs. 9,000/- per month, no document has been filed to substantiate the same. Nevertheless, the claims Tribunal having regard to the age of the Respondent/Claimant, 45 years and his avocation, fixed the Monthly Income at Rs. 6,000/- for the purpose of computing the Loss of Contribution. The accident has occurred on 19.12.2009. Though no document has been filed to prove employment, it could be reasonably presumed that the Respondent/Claimant would have engaged in some avocation and according to the Respondent/Claimant, he was a Mason.

In Sri Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Co. Ltd., 2011 (2) TN MAC 190 (SC), the Supreme Court having considered the wages, which prevailed during the year of accident (1994), fixed the monthly income at Rs. 4,500/-. Therefore, even as per the judgment of the Supreme Court, assuming that the Respondent/Claimant was a Mason, the wages in the year 2009, would be certainly more, as compared to the wages in the year 1994. It cannot be contended that in every case, where the Claimant has specifically pleaded that he was engaged in some avocation or employment and let in unshakable evidence, but not produced any document to prove the avocation or employment, he should be treated only as a Coolie and that the income should be determined accordingly. May be, in the absence of any documentary evidence, to prove the actual income or salary received, the Claims Tribunal can fix a reasonable income, depending upon the evidence. Determination of Rs. 6,000/- per month, in the year 2009, for a Mason, for computing the Loss of Earning Capacity, cannot be said to be without any basis.

In the result, the Civil Miscellaneous Appeal is dismissed. The Appellant-Insurance Company is directed to deposit the entire Award amount with proportionate accrued interest and costs, to the credit of M.C.O.P. No. 1733 of 2009 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge) at Tiruppur, within a period of four weeks from the date of receipt of a copy of this Order. On such deposit, the Respondent/Claimant is permitted to withdraw the same, by making necessary Applications. No costs. Consequently, connected Miscellaneous Petition is also closed.