M. Suresh vs R. Nagarathinam

N. kirubakaran, J.—This appeal has been filed, against the award of Rs.1,76,000/- for the injuries sustained by the appellant in the accident occurred on 03.10.2008, when the claimant was riding his motor cycle, which was hit by Tipper lorry driven by the first respondent, insured with the second respondent, rashly and negligently causing the accident. Therefore, the claim petition.

On enquiry, the Tribunal found that both the appellant as well as the driver of the Tipper lorry were responsible for the accident and fixed 10% contributory negligence on the part of the appellant, as he was under the influence of alcohol and was not possessing driving licence at the time of accident and awarded a sum of Rs.1,76,000/-. Not satisfying with the quantum alone, the claimant is before this court.

Heard Mr.M.C.Swamy, learned counsel for the appellant and Mrs.R.Sreevidhya, learned counsel for the second respondent.

A perusal of the records would make it very clear that both the appellant as well as the driver of the Tipper lorry were responsible for the accident. This Court also takes note of the finding recorded by the Tribunal that the appellant was under the influence of alcohol and he did not have driving licence at the time of accident and therefore, the tribunal rightly fixed the contributory negligence at 10% on the part of the appellant.

Though the learned counsel for the appellant would submit that for 45% disability, only Rs.90,000/- was awarded, whereas, the appellant underwent two surgeries and nailing was implanted in right tipia and therefore, multiplier method should have been adopted. Taking note of 45% disability sustained by the appellant, as proved by Exs.P3, P4, P7 and P8, the Tribunal rightly awarded Rs.90,000/- towards disability, by fixing Rs.2000/- per percentage of disability.

Since the appellant was treated only in Government Hospital, a sum of Rs.3,000/- alone was rightly awarded towards medical expenses. Taking into consideration the period of treatment, Rs.20,000/- was justifiably awarded by the Tribunal under the head ''loss of earning''. Similarly, the compensation of Rs.10,000/- towards transport to Hospital, Rs.10,000/- towards extra nourishment, Rs.3000/- towards attender charges and Rs.40,000/- towards pain and suffering are all justified. After deducting 10% towards contributory negligence on the appellant, a sum of Rs.1,58,400/- was rightly awarded by the Tribunal as compensation to the appellant. Therefore, there is no reason for this court to interfere with the award passed by the Tribunal.

Accordingly, the appeal fails and this Civil Miscellaneous Appeal is dismissed. No costs.