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Judgment
T. Mathivanan, J.—Challenge is made in this appeal to the award of Rs. 2,64,000/-(75% liability) dated 28.04.2008 on the file of the
Motor Accidents Claims Tribunal (First Additional Sub-Judge), Tiruchirappalli.
The facts which are absolutely necessary for the disposal of this Civil Miscellaneous Appeal may be summarized briefly as follows:
That on 18.10.2005, at about 09.30 a.m, the Share-Auto bearing Registration No. TN-45-Q-9783 in which the first Respondent/injured claimant
was travelling turned turtle near Kajamalai Colony at Mannarpuram to Sathanoor Road and as a result of which, he had sustained multiple grievous
injuries on all over his body. Hence, he had filed a claim petition in M.C.O.P. No. 789 of 2006 before the Motor Accidents Claims Tribunal,
claiming a sum of Rs. 8,00,000/-.
The first Respondent/owner of the vehicle who is the second Respondent herein had not chosen to contest the claim petition. On the other hand,
the Appellant/Insurance Company being the Insurer had contested the claim petition on various grounds.
On considering the evidences both oral and documentary, the Claims Tribunal had fixed the negligency at the ratio of 75% on the driver of the
Share-Auto and the remaining 25% on the mechanical defect of the Share-Auto and subsequently proceeded to pass an award of Rs. 3,52,000/-
and after deducting 25% towards the mechanical defect of the vehicle, the Appellant/Insurance Company being the Insurer of the said vehicle was
directed to pay a sum of Rs. 2,64,000/-with interest at the rate of 7.5% per annum to the first Respondent/injured claimant from the date of
petition till date of realization. Being aggrieved by the impugned award, the Appellant/Insurance Company stands before this Court.
Heard both sides.
The learned Counsel for the Appellant has not disputed the accident which was taken place on 18.10.2005. As per Ex.A2-Wound Certificate,
it appears that the first Respondent/claimant had sustained five injuries.
Swelling Tenderness right pubic rami.
Swelling Tenderness left pubic rami.
Swelling Tenderness over the anterior chest wall.
Tenderness over right subchondrial region.
Abrasions over both heals. On X-ray, it was found that there was fracture over pubic rami and fracture over acetabulum left. It is opined that
the injuries are grievous in nature.
Ex.A3 is the Discharge Summary issued by one Dr. ML. Balamurugan attached to Trichy Diabetes Speciality Centre (P) Limited. It also reveals
that there was multiple fracture of both pubic ramus (both supra and infra), fracture floor of acetabulum with fracture Medial Malleous right ankle
with fracture over seventh and eighth ribs. To prove these facts the first Respondent/claimant had examined P.W. 2 & P.W. 4. P.W. 2, Dr. S.
Mohan Kumar, Physiotherapyist and P.W. 4, Dr. Ravi, Orthopedic Surgeon. After examining the injured clinically, P.W. 4 had issued a Disability
Certificate under Ex.A7, in which he has stated that he had assessed the disability of the first Respondent/claimant at 74%.
It is the case of the claimant that he was aged about 57 years at the time of occurrence and he was also working as an Attender in Tiruchy
Central Co-operative Bank, Main Guard Gate, Theppakulam and was drawing a sum of Rs. 12,000/-towards his monthly salary. In order to
substantiate his case, one Mr. G. Sekar, who is the Manager of Tiruchy Central Co-operative Bank was examined as P.W. 3. He would state in
his evidence that the first Respondent/claimant was working in their Bank as an Assistant and that he was on Medical leave from 18.10.2005 to
04.07.2006. He has also deposed that in the Month of November 2005, he was getting a sum of Rs. 13,436/-.
After appreciation of the evidences and the other materials available on record, the Tribunal had assessed the compensation at Rs. 1,48,000/-
towards permanent disability at 74% i.e., Rs. 2,000/-per 1%.
Towards Permanent Disability Rs.1,48,000/-
Towards Pain and Suffering Rs. 50,000/-
Towards Medical Expenses Rs.1,07,000/-
Towards physiotherapy Expenses Rs. 12,000/-
Towards loss of Income for 37 days Rs. 10,000/-
Towards Transportation and Attendant expenses Rs. 20,000/-
Towards Extra Nourishment Rs. 5,000/-
Rs.3,52,000/-
The Tribunal has fixed the negligence of the driver of the share-auto at 75%. Out of Rs. 3,52,000/-the balance of 75% would be Rs. 2,64,000/-.
Hence, the Tribunal has awarded a sum of Rs. 2,64,000/-(75% Liability) with interest at the rate of 7.5% per annum to the first
Respondent/injured claimant from the date of petition till date of realization.
The quantum of award has been vehemently objected to by the learned Counsel for the Appellant. Ex.A4 is the Medical Bills and Vouchers.
According to the calculation of the Medical Bills and Vouchers, the Tribunal has granted a sum of Rs. 1,07,000/-under the Medical Expenses.
Insofar as the compensation towards Permanent Disability at the ratio of 74% is concerned, this Court has already decided that per 1% Rs.
2,000/-can be awarded. Accordingly, the Tribunal has awarded a sum of Rs. 1,48,000/-. The compensation under the head of Medical Expenses
for a sum of Rs. 1,07,000/-can also allowed and need not be touched.
It is pertinent to note here that the Tribunal has awarded a sum of Rs. 50,000/-towards pain and suffering without any basis. In this connection,
the learned Counsel for the Appellant would submit that reasonable amount of Rs. 15,000/-can be granted under the head of pain and suffering.
Taking into consideration the multiple fracture suffered by the claimant and the treatment undergone by him, a sum of Rs. 15,000/-can be awarded
towards pain and suffering.
On the basis of the evidence given by P.W. 2-Physiotherapy Doctor, the Tribunal has awarded a sum of Rs. 12,000/-. This Court consider
that this amount is reasonable and does not require any interference.
Towards Transportation and attendant charges, the Tribunal has awarded a sum of Rs. 20,000/-without any basis, in the absence of proof. In
this connection, this Court consider that the compensation awarded by the Tribunal is somewhat on the higher side. Hence, it can be reduced to
Rs. 10,000/-. Further, a sum of Rs. 5,000/-can also be awarded towards Extra Nourishment.
As per the evidence of P.w. 3, the first Respondent/claimant was granted Medical Leave from 18.10.2005 to 27.02.2006. Thereafter, he was
granted privilege Leave from 28.02.2006 to 28.05.2006 and subsequent to that he was also on leave of loss of pay for about 37 days i.e., from
29.05.2006 to 04.07.2006. But this cannot be considered because already the first Respondent/claimant was granted Medical Leave for about 4-
1/2 months. Therefore, the question of loss of Income does not arise as he would have drawn his leave salary. Keeping in view of the above facts,
this Court is of view that the compensation under the following heads may be reasonable.
Towards Permanent Disability Rs.1,48,000/-
Towards Medical Expenses Rs.1,07,000/-
Towards Pain and Suffering Rs. 15,000/-
Towards physiotherapy Expenses Rs. 12,000/-
Towards Transportation and Attendant expenses Rs. 10,000/-
Towards Extra Nourishment Rs. 5,000/-
Rs.2,97,000/-
The Tribunal has fixed the negligence of the driver of the share-auto at 75%. Out of Rs. 2,97,000/-the remaining balance of 75% would be Rs.
2,22,750/-. Hence, this Court has calculated that the first Respondent/claimant is entitled to get a sum of Rs. 2,22,750/-.
In the result, the appeal is partly allowed. The award of Rs. 2,64,000/-(75% liability) passed by the Tribunal has been reduced to Rs. 2,22,750
(75% liability). The Appellant/Insurance Company is directed to pay this amount with interest at the rate of 7.5% per annum. Consequently, the
connected miscellaneous petition is also closed. No order as to costs.