AI Structured Summary
Not yet generated for this judgment
Judgment
N. Kirubakaran, J.—This appeal has been filed against the judgment and decree in MCOP No. 463 of 2004 dated 04.10.2005 on the file
of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court No. 2, Krishnagiri at Dharmapuri District.
The Insurance Company is before this Court challenging the adoption of multiplier while calculating the compensation in respect of the injuries
sustained by a minor who was studying in VI Standard at the time of accident. Minor Vivekanandhan who was studying in VI Standard was hit by
a two-wheeler on 01.12.2013 sustained fracture as well as injuries in the left leg. In respect of that only, claim petition was filed to the tune of
Rs.4,00,000/-. On contest, the tribunal awarded a sum of Rs.1,98,000/- by applying multiplier 5 and taking Rs.3,000/- as the monthly income and
30% disability. The said award is challenged before this Court.
Heard the learned counsel for the appellant as well as the respondents.
At the time of accident, the victim was studying in VI Standard. No doubt, he sustained injuries. As per the medical records and the evidence of
doctor, 30% disability was sustained by the victim. However, this aspect alone shall not enable the Tribunal automatically apply the multiplier
method taking Rs.3,000/- as the monthly income of the victim. If at all, for disability sustained by the victim, compensation could be given per
percentage. Therefore, application of multiplier method is unwarranted. Accordingly, the same is set aside. For 30% disability, this Court awards a
sum of Rs.2,000/- per percentage of disability to the tune of Rs.60,000/-.
As far as medical expenses are concerned, the tribunal has rightly awarded a sum of Rs.30,000/- and hence the same is confirmed. For Pain &
Suffering, only Rs.2,000/- has been awarded by the tribunal. The victim who was studying in VI Standard at the time of accident would have
undergone much agony and suffered pain which cannot be measured and compensated. Therefore, this court enhances the same from Rs.2,000/-
to Rs.25,000/-. For transportation, the tribunal had awarded only a sum of Rs.3000/- and the same is hereby enhanced to Rs.10,000/-. As far as
Extra nourishment is concerned, the tribunal has awarded a sum of Rs.1,000/- and hence the same is enhanced to Rs.20,000/-. Accordingly, the
break-up details of the modified award amount is as follows -
The rate of interest awarded by the tribunal @ 9% shall remain unaltered.
In the result, this Civil Miscellaneous Appeal is partly allowed reducing the compensation awarded by the tribunal to Rs.1,45,000/- alongwith
interest @ 9% per annum from the date of petition till the date of deposit. Consequently, connected Miscellaneous Petition is closed.
It is represented by the learned counsel appearing for the insurance company that pursuant to the order of this Court, they had already
deposited a sum of Rs.50,000/- alongwith accrued interest to the credit of MCOP. Hence, they are directed to deposit the balance of the
compensation amount alongwith interest, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the
tribunal is directed to pay the entire compensation amount to the respondent/claimant within a period of two weeks thereafter.