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Judgment
This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award of Rs.6,74,025/-(Rupees Six Lakhs Seventy",,,,
Four Thousand Twenty Five only) for the injuries sustained by the first respondent, namely, M.Selvaraj, working as Sub-Inspector in Central",,,,
Government, aged about 54 years, earning the monthly income of Rs.17,764/- in the accident occurred on 06.08.2006.",,,,
The first respondent/claimant was riding his two wheeler from West to East in Madurai - Rameshwaram Road (NH 49) and a Tractor driven in,,,,
a rash and negligent manner came from the opposite side and dashed against the two wheeler causing the accident and resulting in injuries on the,,,,
first respondent-claimant. Therefore, the claim petition.",,,,
On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the Tractor- Trailer and",,,,
awarded a sum of Rs.6,74,025/- (Rupees Six Lakhs Seventy Four Thousand Twenty Five only). The said award is being challenged before this",,,,
Court.,,,,
Heard Mrs.K.R.Shiva Shankari, learned Counsel appearing for the appellant-Insurance Company and Mr.R.J.Karthick, learned Counsel",,,,
appearing for the respondent/claimant and also Cross-Objector.,,,,
The only point which is urged before this Court, is the quantum of compensation.",,,,
The learned Counsel for the appellant contended that for pain and sufferings, a sum of Rs.1,00,000/- awarded by the Tribunal is on the higher",,,,
side and the application of multiplier for this case is unwarranted.,,,,
Whereas, Mr.R.J.Karthick, learned Counsel appearing for the respondent/claimant would submit that the injured was hardly 54 years and he",,,,
has six years of balance service and therefore, taking 31 months salary alone as balance service period is erroneous and therefore, he seeks",,,,
application of multiplier method. Further, he submit that some amount has to be awarded for future medical expenses, as the claimant voluntarily",,,,
retired due to fits suffered by him because of the accident.,,,,
Since the quantum alone is in question, the negligence point is not in dispute.",,,,
The claimant sustained multiple fractures in the right hand. The following injuries were sustained by the claimant:,,,,
1) Right forearm both bone fracture",,,,
2) Right fronto temporo parietal subdural haematoma,,,,
3) Bleed in the interhemispheric fissure and in parietal ...... Suelitentorium cere belli.,,,,
4) Compression or right lateral Vertical with minimal midline shift to left.,,,,
5) Longitudinal fracture of petrous part of left temporal bone with bleed in middle ear cavity and mastoid air cells.,,,,
6) Bleed in both sphenoid sinus.,,,,
7) Comminuted fracture of caracoid process of scapus with shoulder joint space widening on left side.,,,,
8) Fracture of posterior end of 4"", 5th, 6th Ribs of left side.",,,,
9) Right fore arm comminuted fracture of distal end of both radius and ulna of right side.""",,,,
P.W.4 and P.W.5 - Doctors spoke about the injuries and the disability sustained by him in the accident is fixed at 62%. P.W.4 and P.W. 5,,,,
elaborately stated in the evidence that the right hand of the claimant has become useless due to multiple injuries and fractures. Even due to the,,,,
injury in the head, he is suddenly suffering severe headache and is unable to concentrate in any work. Even for breathing, he is suffering pain due to",,,,
the injuries in the rib bones. Apart from that, the claimant underwent a surgery in the right hand and a plate has been fixed inside. He was admitted",,,,
in the hospital from 06.08.2006 to 01.09.2006 and thereafter, on 10.09.2006 to 01.10.2016 and totally he was treated as inpatient for 54 days. It",,,,
is also seen from the evidence of the Doctors that due to the injuries, the claimant is suffering fits because of the inability to make use of his right",,,,
hand and the claimant applied for voluntary retirement on 01.01.2007, even though he could serve till 30.04.2012.",,,,
When PW.5 and PW6 - expert Doctors spoke about 62% disability, in the absence of any contra medical evidence, the Tribunal should not",,,,
have reduced the same. Even though the disability has been concluded under various heads to an extent of 62%, the total disability was rightly",,,,
determined by the Tribunal at 40% and the same is confirmed.,,,,
However, because of the injuries and disabilities, the claimant voluntarily retired loosing his salary, which he would have otherwise enjoyed",,,,
during his service period and therefore, the multiplier method was rightly adopted by the Tribunal. Though the multiplier method was adopted by",,,,
the Tribunal, it took a wrong period of balance service taking 58 years being the maximum period of service. Whereas, the Central Government",,,,
servant could work upto 60 years. The Honourable Supreme Court in Puttamma and others v. K.L.Narayana Reddy and another reported in,,,,
2014 (1) TN MAC 481 (SC), did not approve the application of split multiplier. Therefore, the multiplier according to the age of the injured has to",,,,
be applied.,,,,
In this case, the age of the claimant is 54 years at the time of the accident and the appropriate multiplier is ''11'''' as per the judgment of the",,,,
Honourable Supreme Court in Sarla Verma (Smt)and Others -Vs- Delhi Transport Corporation and another reported in (2009) 6 SCC 121.,,,,
As per the judgment in Rajesh and others -Vs- Rajbir Singh and others reported in 2013 (2) TN MAC 55, 15% has to be added towards",,,,
future prospects. Hence, along with 15% future prospects (Rs. 17,764.00 + 15% i.e. = Rs.2,664.00), the monthly income would be Rs.",,,,
20,428.60 (Rupees Twenty Thousand Four Hundred and Twenty Eight and paise sixty only). The loss of income would be Rs. 20428.60 x 12 x",,,,
11 x 40/100 = Rs.10,78,630.08 and rounded off to Rs.10,78,630/- (Rupees Ten Lakhs Seventy Eight Thousand Six Hundred and Thirty only).",,,,
Sl. No.,Heads,Amount awarded by Tribunal (Rs.),Amount reduced/ enhanced by this Court (Rs.),Total (Rs.)
1.,For loss of income,"2,20,274.00","(+)8,58,356","10,78,630.00
2.,Pain & Sufferings,"1,00,000.00",Nil,"1,00,000.00
3.,Transport charges,"5,000.00","(+)10,000.00","15,000.00
4.,Attender charges,"10,000.00",Nil,"10,000.00
5.,Extra Nourishment,10.000.00,,10.000.00
6.,Medical Bill,"2,58,751.00",Nil,"2,58,751.00
7.,Loss of amenities,"50,000.00",Nil,"50,000.00
8.,For future medical bills,"20,000.00","(+)30,000.00","50,000.00
,,,Grand Total,"15,72,381.00
,,,Rounded off,"15,70,000.00