Branch Manager National Insurance Co. Ltd. vs P. Murugan

N. Kirubakaran, J.—This appeal has been filed against the judgment and decree dated 12th November 2011 made in MCOP No. 362 of 2008 on the file of Motor Accident Claims Tribunal/Additional District Court/FTC No. 5 at Tirupur, Coimbatore District.

The Insurance Company is before this Court aggrieved over the quantum of compensation awarded by the tribunal in favour of the 1st respondent/claimant for the injuries sustained by him in the accident occurred on 26.02.2008.

Heard Mr.K.Padmanabhan, learned counsel appearing for the appellant/insurance company and Mr.Prabhu, learned counsel appearing for the 1st respondent/claimant.

The only grievance of the appellant/insurance company is that, for the injuries sustained in tibea, multiplier method was adopted and a sum of Rs.2,05,920/- was awarded. He would submit that it is only a partial disability and it would not enable the Court to apply the multiplier method. No doubt, as per the evidence, there are two different opinions with regard to the disability whereas the trial court rightly determined the disability at 44%. The nature of the injuries which was caused to the tibea, would not technically enable the tribunal to adopt the multiplier method. Facts of the case do not warrant application of multiplier method as held by the Division Bench of this Court in United India Insurance Company Ltd., Branch Officer Vs. Veluchamy and Another, .

In view of the above said circumstances, Rs.2,05,920/- awarded by the tribunal under the head loss of earning capacity is hereby set aside. The 1st respondent/claimant has sustained 44% disability. Hence, by awarding a sum of Rs.2,000/- per percentage of disability, a sum of Rs.88,000/- is hereby awarded under the head disability. Considering the fact that the 1st respondent/claimant was taking treatment for almost two months and no amount has been awarded by the tribunal towards loss of income during treatment period and for attender charges, a sum of Rs.12,000/- is hereby awarded under the head loss of income during treatment period & attender charges. As far as amounts awarded by the tribunal under other heads are concerned, they are confirmed. Hence, the amount of Rs.2,47,920/- awarded by the tribunal is hereby reduced to Rs.1,42,000/-, break-up as follows -

The interest awarded by the tribunal @ 7.5% shall remain unaltered.

In the result, this Civil Miscellaneous Appeal is partly allowed reducing the compensation awarded by the tribunal to Rs.1,42,000/- alongwith interest @ 7.5% per annum from the date of petition till the date of deposit. Consequently, connected Miscellaneous Petition is closed. The insurance company is directed to deposit the compensation amount alongwith interest, if not already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the 1st respondent/claimant is permitted to withdraw the said amount. If the amount has already been deposited by the insurance company, they are permitted to withdraw the excess amount lying in the deposit alongwith proportionate interest.