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Judgment
T.R. Ravi, J
On 24.10.2008, when the appellant was riding his motorcycle, he was hit by a TATA Spacio vehicle coming from the opposite side in a rash and negligent manner. He sustained grievous injuries in the accident and was taken to the District Hospital, Palakkad. After affording him first-aid treatment, he was referred to the Ganga Medical Centre and Hospital Private Ltd., Coimbatore, where he was treated as an inpatient from 21.4.2008 to 4.11.2008. The appellant preferred a claim petition, claiming ₹5,79,000/- limited to ₹5 lakhs as compensation. The Tribunal awarded a sum of ₹77,600/- as compensation. Since there were arithmetical errors in the calculation of the amount of compensation, the appellant had filed I.A.No.3590 of 2014 under Order 47 Rule 1 of the Code of Civil Procedure. The petition was dismissed by the Tribunal. In the above circumstances the appellant has filed this appeal, claiming enhanced compensation.
Heard Sri Binoy Vasudevan on behalf of the appellant and Sri Mathews Jacob, Senior Advocate, instructed by Sri Jacob Mathew on behalf of the respondent/insurer.
The counsel for the appellant referred to paragraph 15 of the award and pointed out that there is an apparent mistake in the calculation of the compensation. It is pointed out that even though the Tribunal has correctly applied the monthly income of ₹15,166/-, the multiplier of 14 and adopted 7% disability for computing the compensation for permanent disability, the amount arrived at by the Tribunal was only ₹14,874/-, instead of ₹1,78,352/- (15166x12x14x7%). It is hence submitted that after deducting the sum of 14,874/-, an additional sum of ₹1,63,478/-, is to be allowed as additional compensation. The compensation awarded by the Tribunal under the other heads of compensation is ₹62,650/- regarding which there is no dispute. The counsel for the insurer does not have any serious objection regarding the mistake in the calculation. The appellant is hence entitled to succeed in this appeal.
The appeal is allowed. The appellant is awarded an additional compensation of ₹1,63,478/- (Rupees One Lakh Sixty Three Thousand Four Hundred and Seventy Eight only), along with interest at the rate of 9% per annum from the date of filing of the claim petition (02.01.2010) till the date of realisation, with proportionate costs. The appeal was filed with a delay of 377 days. The delay was condoned by order dated 8.9.2016 on condition that the appellant will not be entitled to interest for the 377 days in case the compensation is enhanced by this Court. The interest on the additional compensation awarded as above will be reckoned excluding the above said 377 days. The respondent insurer shall deposit the additional compensation granted in this appeal along with the interest and proportionate costs, before the Tribunal within two months from the date of receipt of a certified copy of this judgment, after deducting any amount to which the appellant is liable towards balance court fee and legal benefit fund. The disbursement of the compensation to the appellant shall be in accordance with law.