BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/06/2009 CORAM THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN C.M.A.No.997 of 2008 Mariselvam ... Appellant / Claimant vs. 1.Sathur Sankaravel 2.United India Insurance Company Ltd., through its Branch Manager, Bombay Stores Building II Floor, No.23-C, East Car Street, Tenkasi. ...Respondents / Respondents (R1 Exparte in the Trial Court. Hence, dispensed with) PRAYER This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and decree dated 28.09.2007 made in M.C.O.P.No.44 of 2006 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Tirunelveli. !For Appellant ... Mr.T.Selvakumarn ^For Respondent No.2... Mr.J.S.Murali :JUDGMENT
The appeal has been preferred by the claimant for enhancement of the award
of Rs.48,000/- against the claim of Rs.7,88,000/-
2.The short point fell for consideration is whether the appellant is
entitled to any enhancement of compensation. Admittedly, there is no dispute
with regard to the manner in which accident occurred about the injuries
sustained by the appellant.
3.The learned counsel for the appellant argued that the claimant proved
that he sustained borne fracture over the hip and multiple injuries all over the
body and that he sustained 28% disability because of the injury and that he
cannot do work as a coolie as usual.
4.The aforesaid fact was proved by evidence of P.W.2 Doctor who gave
Ex.P.6 wound certificate in respect of the injuries sustained by the appellant.
The Tribunal came to the conclusion based on Ex.P6 that the appellant sustained
grievous injuries and awarded Rs.28,000/- for 28% disability. The Tribunal also
awarded compensation for pain and suffering at the rate of Rs.15,000/- and
Rs.5,000/- towards extra nourishment. Totally the Tribunal awarded a
compensation of Rs.48,000/-.
5.The learned counsel for the appellant relied upon a judgement of this
court reported in 2008 (1) TN MAC 499, M.D., T.N.S.T.C.(Dn-2)Ltd., vs. Senthil
Kumar wherein this court enhanced compensation from Rs.1,000/- per one percent
disability to Rs.2,000/- per one percent of disability. Relying upon the said
judgment, the learned counsel for the appellant argued that the amount awarded
for disability of 28% is very low and it should be enhanced to Rs.50,000/-.
6.However, the learned counsel for the respondent argued that the award of
the Tribunal is very reasonable and does not warrant any enhancement. The
counsel for the respondent argued that the facts of the case reported in 2008(1)
TN MAC 8, United India Insurance Co., Ltd., vs. R.Chinnaraj and others, is
different where the victim suffered multiple fracture in the right leg and
therefore, for permanent disability a sum of Rs.2,000/- was awarded for one
percent disability.
7.In the said judgment, this court after considering injuries sustained by
the victim viz., fracture right leg, injury to right leg foot and right knee and
multiple injuries, enhanced the amount towards disability from Rs.45,000/- to
Rs.90,000/-. Admittedly the appellant is a coolie, who is required to use muscle
strength to work as a coolie. Because of the injuries especially in the hip, his
ability to work is reduced and as a result, his earning power is also reduced.
Hence, he has to be suitably compensated.
8.For aforesaid reasonings, this court draws support from M/s.National
Insurance Company vs. R.Gangadurai @ Ramesh and another reported in 2009(1)
TNMAC 186. Taking into consideration of the aforesaid facts and the judgment
referred to by the learned counsel for the appellant, for 28% of the disability,
the compensation amount is enhanced from Rs.28,000/- to Rs.50,000/-. For pain
and sufferings a sum of Rs.15,000/- was awarded by the Tribunal and the said
amount is very reasonable and it does not warrant any interference. The Tribunal
awarded a sum of Rs.5,000/- for extra nourishment. However, in view of the
evidence of P.W1, in which it is stated that he is unable to do normal work.
Therefore, the amount awarded by the Tribunal is inadequate and hence, it is
raised from Rs.5,000/- to Rs.15,000/-.
9.Accordingly, the amount awarded by the Tribunal Rs.48,000/- is modified
as follows:-
For disability : Rs.50,000/-
For pain & Sufferings : Rs.15,000/-
For Extra Nourishment : Rs.15,000/-
___________
Total : Rs.80,000/-
___________
The rate of interest 7.5% granted by the Tribunal is reasonable and the same is
confirmed.
10.As a result, the appellant is entitled to a total sum of Rs.80,000/-
along with interest at the rate of 7.5% as awarded by the Tribunal from the date
of the claim petition till the date of realisation.
11.The Civil Miscellaneous Appeal is disposed of with the above
modification. No costs.
ns
To
The Principal Subordinate Judge,
Motor Accidents Claims Tribunal,
Tirunelveli