BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20/01/2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
C.M.A(md)No.1144 OF 2009
S.Robinsan Jacob ... Appellant
vs
1. Sivakumar
2. Tamil Nadu State Transport Corporation,
Division - III,
Nagercoil,
represented by its Managing Director. ... Respondents
PRAYER
Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988 against the award and decree dated 26.04.2001 passed in
M.C.O.P.No.41 of 2001 on the file of the Motor Accidents Claims Tribunal
(Principal Subordinate Judge) Nagercoil.
!For appellant ... Mr.S.Subbiah
^For respondent-2 ... Mr.P.Thilak Kumar
:JUDGMENT
The claimant filed this appeal for enhancement of compensation aggrieved
over the award and decree, dated 26.04.2001 passed in M.C.O.P.No.41 of 2001,
on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge)
Nagercoil.
2. This is a case of injury. The brief facts of the case is as follows:
The accident in this case happened on 2.12.1996. While the claimant was
travelling in a Bajaj Chetak Scooter from Tirunelveli to Nagercoil, he was hit
behind by the bus belonging to the second respondent/ transport corporation bus,
driven by its driver in a rash and negligent manner. In that accident, he
suffered severe injuries on his right foot and all over the body. He was
treated at Catherine Booth Hospital, Putheri for quite sometime. The claimant
was working as a Teacher and earning a sum of Rs.13,105/-p.m at the time of
accident. Therefore, he filed a claim for compensation in a sum of Rs.5 lakhs.
3. In support of the claim, the claimant was examined as P.W.1, one
Appavu was examined as P.W.2 and doctor who assessed the disability was examined
as P.W.3 and Ex.P1 to P9 were marked. On behalf of the respondent, one
Sivakumar was examined as R.W.1 and document Ex.R1 was marked.
4. It is stated that the claimant suffered fracture on the hand and
injuries in the right leg is grievous in nautre. The disability has been
assessed at 40% as per Ex.P9. The medical bills are marked as Ex.P6. Based on
the nature of the injuries suffered,age,period of hospitalisation, occupation
etc, the tribunal has granted following amount as compensation with interest
12% per annum:-
Sl.No. Head Amount granted by the Tribunal 1 disability assessed at 40% Rs. 40,000/- 2 Medical expenses as per bills Rs. 4,684/- 3 Extra nourishment Rs. 2,000/- 4 transportation Rs. 500/- 5 damage to clothe Rs. 1,000/- 6 pain and suffering Rs. 20,000/- 7 loss of amenities Rs. 10,000/- 8 total Rs. 78,184
5. The learned counsel for the appellant seeks enhancement of
compensation stating that the compensation granted by the Tribunal is low for
the disability suffered by the claimant.
6. In this case as rightly pointed out by the learned counsel for the
second respondent, in the documents furnished along with the claim petition, no
discharge summary and proof of medical treatment were not furnished before the
Tribunal and only the bills for medical expenses have been furnished.
7. In this case, the injured claimant is a Teacher and no proof has been
shown towards loss of income. However, he would have taken treatment taking
medical leave at least for one month. Therefore, the claimant is entitled to
compensation on that account. No amount has been granted for attendant charges
which he is entitled to. Moreover, meagre amount has been granted towards extra
nourishment. Considering all these factors into consideration,the award of the
Tribunal is modified as follows:-
Sl.No. Head Amount granted by Amount awarded by
the Tribunal this court
1 disability assessed at 40% Rs. 40,000/- Rs.40,000/-
2 Medical expenses as per bills Rs. 4,684/- Rs. 4,684/-
3 Extra nourishment Rs. 2,000/- Rs. 4,000/-
4 transportation Rs. 500/- Rs. 1,000/-
5 damage to clothe Rs. 1,000/- Rs. 1,000
6 pain and suffering Rs. 20,000/- Rs. 20,000/-
7 loss of amenities Rs. 10,000/- Rs. 10,000/-
8 loss of income ---- Rs. 13,000/-
9 attendant charges ---- Rs. 5,000
10 total Rs. 78,184 Rs. 98,684/-
The excess amount of compensation awarded by this Court will bear interest at
7.5% .
8. Counsel for the second respondent prays for eight weeks’ time to
deposit the balance award amount, and on such deposit, the counsel for the
appellant /claimant prays for withdrawal and are allowed
9. In the result, the Civil Miscellaneous Appeal is allowed in part as
follows:-
(i) The Award of the Tribunal is enhanced to Rs.98,684/- from Rs.78,184/-
(ii) The enhanced amount of Rs.20,500/- will carry interest at 7.5% from
the date of claim petition till deposit.
(iii) second respondent is granted eight weeks’ time to deposit the
enhanced amount as above.
(iv) On such deposit, the injured claimant is permitted to withdraw the
entire amount with interest.
(v) There will be no order as to costs in this appeal.
vsn
To
1. The Motor Accidents Claims Tribunal,
(Principal Subordinate Judge),
Nagercoil.