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Judgment
N. Kirubakaran, J.—The appeal has been preferred by the Insurance Company as against the award of Rs. 4,88,600/- for the injuries sustained by the 1st respondent/claimant in the accident that occurred on 09.10.2002, when he was hit by a two-wheeler belonging to the 2nd respondent, insured with the appellant.
Mr.Vadivel, learned counsel for the appellant would submit that the quantum of award is on the higher side. There are no materials produced before the Tribunal to award such a huge amount, learned counsel would submit.
However, a perusal of the award would show that the 1st respondent sustained injuries to the backbone and bones D4 to D8 of the spinal column got fractured and got malunited resulting in difficulty in sitting and walking. Therefore, based on the evidence of Doctor, P.W.2, the Tribunal rightly determined the disability at 55%. Though the Tribunal awarded Rs.55,000/- towards disability and Rs.3 lakhs towards loss of income, the method adopted by the Tribunal is not sustainable. Further, before the Tribunal, it was contended that the claimant, being a Professor and a Consultant, was earning Rs.75,000/- per month. However, there are no material documents to prove the same. In view of that, the monthly income of the claimant is fixed at Rs.3,500/- per month. Since the 1st respondent used to travel very frequently, as could be seen from Exs. P10 & P11, he may not be in a position to do so, after the accident. Therefore, multiplier method has to be adopted. For the age of 41 years, the appropriate multiplier is 15. Therefore, "Loss of Income" is calculated as follows:
The sum of Rs.25,000/- awarded towards transportation, Rs.1000/- towards "Damage to clothes", Rs.47,600/- towards "Medical Expenses" as per Ex. P8 and Rs.50,000/- towards "Pain and Suffering" are all reasonable. However, the sum of Rs.10,000/- awarded towards "Extra Nourishment" is enhanced to Rs.15,000/-. Therefore, the sum of Rs. 4,88,600/- awarded by the Tribunal is confirmed as per the above calculation. The rate of interest at 9% awarded by the Tribunal remains unaltered. The appeal is disposed of accordingly.
The appellant is directed to deposit the entire award amount with interest on or before 27.11.2014. On such deposit being made, the Tribunal is directed to pay the amount to the 1st respondent within two weeks thereafter. Call on 27.11.2014 for compliance regarding deposit.