AI Structured Summary
Not yet generated for this judgment
Judgment
T. Mathivanan, J.—Challenge is made in this appeal to the award of Rs. 7,56,593/-dated 11.08.2003 and made in M.C.O.P. No. 12 of
2000 on the file of the Motor Accidents Claims Tribunal (Additional Sub-Court), Tenkasi.
The facts which are absolutely necessary for the disposal of this Civil Miscellaneous Appeal may be summarized briefly as follows:
That on 25.10.1998, at about 08.00 a.m, near Mounasamy Madam in Courttalam-Shencottah Main Road, the Motor-cycle driven by the first
Respondent/claimant was hit by a Mahindra Van bearing Registration No. TN-72-Y-1839 which was coming from the opposite direction and as a
result of which, the first Respondent/claimant along with two pillion riders were thrown out of the Motor-cycle and sustained grievous injuries.
Hence, the first Respondent/claimant had filed a claim petition in M.C.O.P. No. 12 of 2000 before the Motor Accidents Claims Tribunal
(Additional Sub-Court), Tenkasi.
The Respondents 2 and 3 being the driver and the owner of the offending vehicle had not chosen to contest the claim petition. On the other
hand, the Appellant/Insurance Company being the third Respondent in the claim petition had alone contested the claim petition on various grounds.
On considering the evidences both oral and documentary, the Claims Tribunal had awarded a sum of Rs. 7,56,593/-towards the compensation
for the injuries sustained by the first Respondent/claimant.
When the appeal came up for hearing, the learned Counsel for the Appellant/Insurance Company has vehemently objected to the award of the
Tribunal.
On the other hand, the learned Counsel for the first Respondent/claimant has contended that the award of the Tribunal is reasonable and does
not require any interference of this Court.
However, both the learned Counsels have submitted that the monthly income of the first Respondent/claimant could be determined at Rs.
3,000/-and on appreciation of the evidences and on considering the permanent disability of the first Respondent/claimant at 65%, the award could
be determined. They have also submitted calculation memo to that effect.
On the basis of the calculation memo, the monthly income of the first Respondent/claimant is determined at Rs. 3,000/-. Hence, the annual
income of the first Respondent/claimant would be Rs. 36,000/-. Since, he was aged about 22 years, the multiplier of 15 is adopted. On application
of this multiplier system, the life dependency of the first Respondent/claimant would be Rs. 5,40,000/-(Rs. 36,000 X 15 = Rs. 5,40,000/-). The
loss of earning capacity at the ratio of 65% comes to Rs. 3,51,000/-(65/100 X Rs. 5,40,000 = Rs. 3,51,000/-).
Having regard to this method of calculation, the award passed by the Tribunal at Rs. 7,56,593/-has been reduced to Rs. 3,51,000/-with interest
at the rate of 9% per annum.
In the result, the appeal is partly allowed. The award of Rs. 7,56,593/-has been reduced to Rs. 3,51,000/-with interest at the rate of 9% per
annum. The Appellant/Insurance Company is directed to pay this amount with interest at the rate of 9% per annum from the date of petition till date
of realisation. The memo of calculation filed by both parties shall form part of the records. No costs.