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Judgment
F.M. Ibrahim Kalifulla, J.—The appellant seeks to challenge the order of the Motor Accidents Claims Tribunal, Kumbakonam dated
4.9.1998 in M.C.O.P. 34 of 1998, in and by which, the Tribunal, while granting a sum of Rs. 65,000 towards compensation for permanent
disability, granted a sum of Rs. 15,000 towards pain and suffering, Rs. 2,000 towards medical expenses, Rs. 5,200 towards loss of income, Rs.
5,000 towards extra nourishment and Rs. 15000 towards compensation for loss of earning capacity. In all a sum of Rs. 1,07,200 was granted.
Out of which, the Tribunal proceeded to deduct 20% towards the negligence contributed by the Appellant and arrived at a compensation of a sum
of Rs. 85,760 which was directed to be paid with interest at 12% per annum.
The brief facts which led to the filing of the appeal are as follows: On 30.1.1997, the Appellant who was a Medical Representative, was about
to return to Kancheepuram from Kumbakonam and was waiting at the bus stand. At about 8.30 p.m., the bus belonging to the respondent bearing
Reg.No. TN45-0764 came behind him and hit the petitioner in a rash and negligent manner and in that accident, the petitioner loss his left foot. The
permanent disability of the petitioner has been assessed as lost of left leg below the knee to an extent of 15 cm. The Appellant was aged about 32
years at the time of accident and was getting a monthly income of a Rs. 5000 per month.
In the above stated background, the Tribunal after examining the evidence, reached a conclusion that the permanent disability caused to the
Appellant can be compensated by directing a payment of a sum of Rs. 65,000. As far as the relief granted on other heads are concerned, on a
perusal of the Award, we find that the same cannot be found fault with. As far as the compensation arrived at for the permanent disability is
concerned, we do not find any acceptable reasoning except fixing the amount on an ad hoc basis. On that aspect, we are of the view that when
under the Workmens'' Compensation Act, a specific schedule is provided to assess the compensation towards the permanent disability of a person
who suffered the same in an accident in the course of his employment and such prescription has been made in a statute, the same can be taken as a
guiding factor even in respect of permanent disability suffered by a common citizen in a motor accident claim. Excepting that in the Workmens''
Compensation Act, the liability of the employer to pay the compensation towards permanent, disability of his employee caused by accident during
the course of his employment with the employer, in other respects, a permanent disability suffered under any other circumstances can be assessed
in the same manner as provided in the Workmens'' Compensation Act. u/s 163-A of the Motor Vehicles Act, the provisions have been made for
arriving at the compensation amount including a claim based on permanent disability by providing a formula in the Second Schedule. Under the said
Schedule in respect of permanent total disability, apart from calculating the loss of earning, the methodology for working out the compensation for
such disability can be assessed by following formula provided under the provisions of the Workmens'' Compensation Act. So, on that basis, when
we perused the methodology provided in the Workmens'' Compensation Act, under Schedule-I Part II mentioned therein, for different disabilities,
different percentage of loss has been provided. Further, the Act also provides for a multiplier factor depending upon the age of the injured
concerned. As the Appellant was 32 years on the date of the accident, the relevant factor as per the Schedule under the Act is 203.85 since the
monthly wages of the Appellant has been assessed at a sum of Rs. 5000 to 6000. Therefore, if Rs. 5000 is taken as the monthly wages and the
compensation is worked out as per the formula provided under the Act (i.e.) 5000x60x203.85x60/100 100, the compensation towards permanent
disability would come Rs. 3,66,930 and since a statutory methodology has been provided in the Act which can be bodily lifted, we are of the view
that in the said sum of Rs. 3,66,930 even if 20% of the said sum is deducted towards contributory negligence as found by the Tribunal, the
remaining sum of Rs. 2,93,544 will be the just compensation. Therefore, we only modify the award of the Tribunal in so far as it related to the
award of a sum of Rs. 65,000 towards compensation of permanent disability into a sum of Rs. 2,93,544 while all other sums granted by it under
other heads will remain without any alteration.
In view of the enhancement ordered by us as regards the compensation for permanent disability, the respondent shall deposit the difference of
Rs. 2,28,544 to the credit of M.C.O.P.No. 34 of 1998 with interest at the rate of 9% p.a. from the date of the claim petition till the date of
deposit.
In the result, the Appeal is allowed in part. No costs.