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Judgment
P.P.S. Janarthana Raja, J.—This appeal is preferred by the appellant-Insurance Company against the judgment and Decree dated
26.12.2005 made in M.C.O.P. No. 494 of 2004 on the file of the Motor Accident Claims Tribunal, (Subordinate Judge), Karur.
Background facts in a nutshell are as follows:
The injured-Meenakshi Sundaram met with motor vehicle accident that took place on 20.05.2004 at about 6.30. a.m. The said injured was riding
his Tricycle in the Salem-Karur New By Pass Road. When he was nearing Annapoorana Hotel, a Motorcycle bearing Registration No. TNS.
1588, belonging to the second respondent, came from North to South direction in a rash and negligent manner and also at high speed and hit the
injured. Due to the same, the injured was thrown out from the Tricycle and sustained multiple injuries all over the body. The injured-claimant
claimed a sum of Rs. 3,00,000/- as compensation. The said Motorcycle was insured with the appellantInsurance Company, who resisted the
claim. On pleadings, the Tribunal framed the following issues:
Who is responsible for the accident?
Whether the claimant is entitled to any compensation and if so, what is the amount and from whom ?
After considering the oral and documentary evidence, the Tribunal has held that the accident had occurred only due to the rash and negligent riding
of the rider of the Motorcycle and awarded a compensation of Rs. 97,000/- with interest at 7.5% per annum from the date of petition. The details
of the compensation are as under:
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Loss of income due to 10% disability Rs. 10,000/-
Pain and suffering Rs. 15,000/-
Grievous injuries Rs. 25,000/-
Three simple injuries Rs. 15,000/-
Medical expenses Rs. 32,000/-
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Total... Rs. 97,000/-
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Aggrieved by that award, the appellant-Insurance Company has filed the present appeal.
Learned Counsel appearing for the appellant-Insurance Company questioned only the quantum of compensation awarded by the Tribunal and
vehemently contended that the amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. Further, he
contended that the Tribunal after awarding a sum of Rs. 10,000/- towards loss due to 10% disability, ought not to have awarded a sum of Rs.
25,000/- towards grievous injuries and another sum of Rs. 15,000/- towards three simple injuries. These amounts are unwarranted. Therefore, the
award passed by the Tribunal is not in accordance with law and the same has to be set aside.
Learned Counsel appearing for the first respondent-claimant submitted that the Tribunal had considered all the relevant materials and evidence
on record and came to the right conclusion and awarded a just, fair and reasonable compensation. It is a question of fact. Hence the order of the
Tribunal is in accordance with law and the same has to be confirmed.
Heard the counsel on either side and perused the materials available on record. On the side of the first respondent-claimant, P. Ws.1 and 2
were examined and documents Exs.P1 to P9 were marked. P.W.1 is the claimant. P.W.2 is Doctor Rajendran. Ex.P1 is the certified copy of the
First Information Report. Ex.P.2 is the certified copy of the Wound Certificate. Ex.P3 is the certified copy of the Motor Vehicle Inspector''s
Report. Ex.P4 is the certified copy of the Charge Sheet. Ex.P5 is the certified copy of the Judgment. Ex.P6 is the Report relating to the treatment.
Ex.P7 are the series of Medical Bills. Ex.P8 is the Disability Certificate. Ex.P9 is the X-ray film. On behalf of the appellant-Insurance Company no
one was examined and no document was marked to substantiate their claim. After considering the oral and documentary evidence, the Tribunal
had given a categorical finding that the accident had occurred only due to the rash and negligent riding of the rider of the Motorcycle. The finding of
the Tribunal is based on valid materials and evidence and it is a question of fact. Hence the same is confirmed.
At the time of the accident, the injured was aged about 35 years. He is a merchant dealing in Plastic things and earning a sum of Rs. 4,500/- per
month. P.W.1, the claimant, in his evidence has stated that only the rider of the Motorcycle had caused the accident and the rider was also charge
sheeted by Karur Town Police Station in Crime No. 729 of 2004 under Sections 279 and 337 I.P.C. Further in his evidence, it is stated that due
to the accident, he sustained multiple grievous injuries all over the body and a fracture in his left back bone and also injuries in the left hand, right
leg, left chest and left shoulder. Immediately, after the accident, the claimant was admitted in the Amaravathi Hospital, Karur and later he took
treatment in the Government Hospital and also in a Private Hospital at Karur. P.W.2, the doctor, had examined the claimant and determined the
disability at 20% and issued Ex.P.8 Disability certificate. In the evidence of the Doctor, he has stated that due to the fracture and injuries, the
claimant is unable to do his work as before. After considering the above oral and documentary evidence, the Tribunal has reduced the disability
from 20% to 10%. Once the Doctor assessed the disability, the Tribunal ought not to have reduced the same. The disability assessed by the
Doctor only has to be taken into consideration. Normally the Courts award Rs. 1,000/- to 2000/- per percentage of disability. After taking into
consideration of the nature of the injuries and the evidence of the doctor, it is reasonable to award a sum of Rs. 1,000/- per percentage of
disability. If Rs. 1,000/- is awarded the loss of income due to 20% disability works out to Rs. 20,000/- as against Rs. 10,000/- awarded by the
Tribunal. The Tribunal has awarded a sum of Rs. 32,000/- towards Medical expenses. Ex.P7 are the series of Medical Bills. There is no dispute
that the claimant took treatment in the Government Hospital as well as in a Private Hospital. It is an actual expenditure. The amount awarded under
this head is also very reasonable and hence the same is confirmed. The Tribunal has awarded a sum of Rs. 15,000/- towards pain and suffering,
which is very low and meagre. Due to the accident, he sustained a fracture and also grievous injuries all over the body and he has taken treatment
in various hospitals and he was inpatient for a period of 9 days. After taking into consideration of the same, I am of the view that it is reasonable to
award a sum of Rs. 20,000/- towards pain and suffering as against Rs. 15,000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs.
25,000/- towards grievous injuries and another Rs. 15,000/- towards three simple injuries. Learned Counsel appearing for the appellant-Insurance
Company vehemently contended that the Tribunal ought not to have awarded these amounts since already an amount was awarded towards loss
of income due to disability. After considering the facts and circumstances of the case, this Court is of the considered opinion that in view of
awarding Rs. 20,000/- towards loss of income due to 20% disability, the amount of Rs. 25,000/- awarded towards grievous injuries and another
Rs. 15,000/- awarded towards three simple injuries are unwarranted and hence the same are deleted. The Tribunal has not awarded any amount
towards extra nourishment and transport charges. After considering the facts and circumstances of the case, I am of the view that it is reasonable
to award a sum of Rs. 7,500/- towards extra nourishment and transport charges. The Tribunal has fixed the interest rate at 7.5% per annum. After
taking into consideration of the date of accident, date of award and the prevailing rate of interest during that time, the interest rate fixed by the
Tribunal is very reasonable and hence the same is confirmed. The details of the modified compensation as per the above discussion are as under:
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Loss of income due to 20% disability Rs. 20,000/-
Pain and suffering Rs. 20,000/-
Medical expenses Rs. 32,000/-
Extra nourishment and Transport charges Rs. 7,500/-
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Total Rs. 79,500/-
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(Rounded off to Rs. 80,000/-)
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Therefore, the claimant is entitled to the modified compensation of Rs. 80,000/- with interest at7.5% p.a. from the date of petition.
Learned Counsel for the appellant-Insurance Company has submitted that the entire award amount along with accrued interest has already been
deposited by order of this Court dated 14.06.2006. Under these circumstances, the claimant is permitted to withdraw the modified compensation
of Rs. 80,000/- with interest at 7.5% p.a. from the date of petition, less the amount if any already withdrawn, on making proper application. The
appellant-Insurance Company is also permitted to withdraw the balance amount on making proper application.
With the above modifications, the Civil Miscellaneous Appeal is disposed of. No costs.