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Judgment
P.P.S. Janarthana Raja, J.—By consent of both the sides, the main appeal itself is taken up for final disposal.
This Civil Miscellaneous Appeal is filed by the Insurance Company against the judgment and decree made in MACT.OP No. 34 of 2001 dated
12.04.2007 on the file of the Motor Accidents Claims Tribunal (Fast Track Court-4), Coimbatore at Tiruppur.
Background facts in a nutshell are as follows:
The first respondent / claimant was injured in a motor accident on 25.01.2000 at about 2.30 p.m. The claimant was riding a Bajaj Scooter bearing
Registration No. TN-37-Z-1934 along the Kangeyam to Padiyur Road towards west and when he was taking left turn, a lorry bearing
Registration No. TCC 9929 came from the opposite direction in a rash and negligent manner and dashed against the scooter. Due to the accident,
the claimant was thrown away and sustained fracture in his right thigh arm and right chest bones and injuries all over the body. The claimant
claimed a compensation of Rs. 10,00,000/- before the Tribunal. The appellant / Insurance Company resisted the claim. On pleadings, the Tribunal
framed the following issues:
a) Whether the accident had occurred due to the rash and negligent driving of the driver of the lorry or not?
b) Whether the claimant is entitled for any compensation? If so, what is the amount and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of
the lorry driver and awarded a compensation of Rs. 2,64,700/- with interest at 7.5% p.a. from the date of petition. The details of the
compensation are as under:
Rupees
Pain and suffering 30,000/-
Physiotherapy 15,000/-
Transport expenses 12,000/-
Permanent disability and
future loss of earning 1,20,000/-
Damage to articles 1,000/-
Medical expenses 86,700/-
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Total... 2,64,700/-
==========
Aggrieved by the award, the Insurance Company has filed the present appeal.
Learned Counsel appearing for the Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that
it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and
the same has to be set aside.
Ms. R. Srividhya, learned Counsel has taken notice for the first respondent/claimant and submitted that the Tribunal had considered all the
relevant materials and evidence available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation.
Hence the order passed by the Tribunal is in accordance with law and the same has to be confirmed.
Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P22 were marked. On
the side of the Insurance Company, no witnesses were examined and no documents were marked. P.W.1 and P.W.3 are the Doctors. P.W.2 is
one Anbazhagan. Given below is the list of exhibits marked on the side of the claimant:
Ex.P1-Copy of First Information Report
Ex.P2-Copy of Wound Certificate
Ex.P3, 4 and 5 - Treatment details of the claimant
Ex.P6-Series of treatment and transport bills
Ex.P7-Medical Certificate with regard to the treatment taken by the claimant
Ex.P8-X-rays (33 Nos.)
Ex.P9-Proof showing that the claimant is a Homeopathy Doctor
Ex.P10-Proof showing that the claimant is a General Doctor
Ex.P11-Proof showing that the claimant is an Acupuncture Doctor
Ex.P12-Proof showing that the claimant is an Ayurvedic Doctor
Ex.P13-Proof for the Panchakarma Programme
Ex.P14-Proof for the Ayurvedic Booshanam
Ex.P15-Proof showing that the claimant is a Siddha Doctor
Ex.P16-Complaint given to the Avinashi Police Station for having misplaced the treatment bill
Ex.P17-Receipt for the above complaint
Ex.P18-Proof given to the Police Station for having not able to trace the treatment bills
Ex.P19-Letter permitting P.W.2 to give witness to the Court
Ex.P20-Treatment bills with regard to the claimant
Ex.P21-Disability Certificate
Ex.P22-X-ray
After considering the above materials and evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash
and negligent driving of the lorry driver. The finding given by the Tribunal is based on valid materials and evidence.
The claimant is a registered Siddha, Ayurvedic, Homeopathy and Acupuncture Medical Practitioner. He was 62 years old at the time of
accident. It was claimed that he is earning a sum of Rs. 10,000/- per month. Due to the accident, he sustained the following injuries:
a) Fracture of right fore-arm
b) Fracture of right thigh
c) Fracture of 5th, 6th, 7th and 8th right chest rib bones
d) Multiple injuries all over the body
After the accident, he took treatment for one month, i.e. from 25.01.2000 to 25.02.2000 in Kongu Nadu Hospital. From 25.02.2000 he is taking
treatment in Perundurai Hospital. P.W.3, the Doctor, examined the claimant and had given Disability Certificate, which is Ex.P21. Ex.P22 is the x-
ray. Due to the accident, he is unable to stand, sit or walk for a substantial period of time. He is also unable to lift heavy articles and do the work
as before. There is a shortage of 1 cm in the right leg and also the chest expansion is reduced by 2 cms. P.W.3, the Doctor, has assessed the
disability of the claimant as 46.8%. Taking into consideration of the same, the Tribunal fixed the disability at 40%. The claimant claimed that he
was earning Rs. 10,000/- per month, but no documentary evidence filed in support of the same. Therefore the Tribunal was of the view that the
claimant would have earned Rs. 5,000/- per month and awarded a consolidated sum of Rs. 1,20,000/- towards 40% permanent disability and
future loss of earning. Learned Counsel appearing for the appellant vehemently contended that the award amount granted towards permanent
disability and future loss of earning is excessive. After considering the facts and circumstances of the case, I feel that it would be appropriate and
reasonable to award a consolidated sum of Rs. 1,15,000/- towards permanent disability and future loss of earning, as against the sum of Rs.
1,20,000/- awarded by the Tribunal. Counsel appearing for the claimant also has no serious dispute about the same. The Tribunal has awarded a
sum of Rs. 30,000/- towards pain and suffering, which is little bit excessive and hence the same is reduced to Rs. 25,000/-. Counsel appearing for
the claimant also has no serious dispute about the same. The Tribunal has awarded a sum of Rs. 15,000/- towards physiotherapy and Rs.
12,000/- towards transport expenses. Ex.P6 are the series of treatment and transport bills. After taking into consideration of the same, I feel that
the Tribunal has correctly awarded a sum of Rs. 15,000/- towards physiotherapy and Rs. 12,000/- towards transport expenses and hence they
are confirmed. The Tribunal has awarded a sum of Rs. 86,700/- towards medical expenses. Ex.P6 are the series of treatment and transport bills.
Ex.P7 is the Medical Certificate with regard to the treatment taken by the claimant. Ex.P20 are the treatment bills with regard to the claimant.
Relying on these evidence, the Tribunal has correctly awarded Rs. 86,700/- towards medical expenses. It is an actual expenditure and hence it is
confirmed. The Tribunal has also awarded Rs. 1,000/- towards damage to articles, which is very reasonable and hence it is confirmed. The details
of the modified compensation are as under:
Rupees
Pain and suffering 25,000/-
Physiotherapy 15,000/-
Transport expenses 12,000/-
Permanent disability and
future loss of earning 1,15,000/-
Damage to articles 1,000/-
Medical expenses 86,700/-
----------
Total... 2,54,700/-
==========
Therefore the claimant is entitled to the modified compensation of Rs. 2,54,700/- as against the compensation of Rs. 2,64,700/- awarded by the
Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence it is confirmed.
The Insurance Company is directed to deposit a sum of Rs. 2,54,700/- with interest at 7.5% p.a. from the date of petition, after adjusting the
amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is
permitted to withdraw the same.
The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P. No. 1 of 2008 is closed. No costs.