This Civil Miscellaneous Appeal has been filed by the appellant/Oriental Insurance Company, to set aside the judgment and decree dated 02.07.2007 in M.C.O.P.No.62 of 2006 on the file of the Motor Accident Claims Tribunal, Sub Court, Devakottai.
2. The brief facts of the case are as follows:
On the fateful day on 04.10.2004 at about 2.00 p.m, the first respondent was riding his bicycle near Periyar Statue at Karaikudi on the left side of the road from south to north and that a mini door auto goods vehicle bearing Registration No. TN 55 H 0079 driven by its driver came in a rash and negligent manner, from opposite side and dashed against the first respondent, as a result of which, he sustained a fracture on his right upper arm and other injuries. The first respondent filed a petition in M.C.O.P.No.62 of 2006, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Devakottai, claiming a sum of Rs.4,00,000/- as compensation.
3. Before the Tribunal, on the side of the claimant, two witnesses viz., P.Ws.1 and 2 were examined and twelve documents viz., Exs.P.1 to P.12 were marked and on the side of the respondent, two witnesses viz., R.Ws.1 and 2 were examined and two documents viz., Exs.R.1 and R.2 were marked.
4.Based on the materials available on record and the documents, the Tribunal has come to the conclusion that the accident has occurred only due to the rash and negligent driving of the rider. As the appellant is the insurance company of the respondent, the Tribunal had directed the appellant to pay a sum of Rs.96,300/- (Rupees Ninety Six Thousand and Three Hundred Only) as compensation.
5. Challenging the correctness of the award amount, the appellant/Oriental Insurance Company has filed the present Civil Miscellaneous Appeal.
6. Though various ground have been raised in this appeal, the learned counsel appearing for the appellant/Oriental Insurance Company submitted that the award passed by the Tribunal is on the higher side, much said to be modified.
7. Per contra, the learned counsel appearing for the first respondent/claimant submitted that the Tribunal awarded a just and reasonable compensation and the same does not warrant any interference by this Court. Hence, he prays for dismissal of this Civil Miscellaneous Appeal.
8. I have considered the above the submissions made on either side and perused the materials available on record carefully.
9. From the materials available on record, this Court is of the view that admittedly, the Tribunal has fixed the monthly income of the injured person as Rs.1,500/- (Rupees One Thousand Five Hundred Only). The Tribunal has applied the correct multiplier as '8' as per the judgment reported in 2009(2) TN MAC 1 (SC) Sarla Verma vs. Delhi Transport Corporation and added a permanent disability of 15%. If 8 multiplier is adopted, it works out to Rs.1,500 x 12 x 8 x15/100 = Rs.21,600/- for loss of income. The Tribunal awarded a sum of Rs.25,000/- towards Pain and sufferings, a sum of Rs.200/- towards Transportation Expenses, Rs.32,000/- towards Medical Expenses, Rs.500/- towards Damages to Clothes, Rs.2,000/- (Rupees Two thousand) towards attendant's charges, a sum of Rs.15,000/- (Rupees Fifteen Thousand) towards Permanent Disability. Accordingly, the Tribunal has correctly awarded a total sum of Rs.96,300/-. The above amount awarded by the Tribunal, in my considered view, can not be stated to be excessive. For a man of this stature, earning a sum of Rs.1,500/- per month is a very meagre amount.
10. In view of the above, this Court is of the view that there is no error in the finding of the Tribunal and the Tribunal has awarded just and reasonable compensation. Therefore, this Civil Miscellaneous Appeal deserves to be dismissed.
11. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 02.07.2007,made in M.C.O.P.No.62 of 2006, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Devakottai, is hereby confirmed. The appellant/Oriental Insurance Company is directed to deposit the entire award amount with accrued interest and costs, within a period of eight weeks from the date of receipt of a copy of this judgment, if not already deposited and on such deposit being made, the claimant is permitted to withdraw the entire award amount with accrued interest and costs, by filing appropriate petition before the Tribunal. No Costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Motor Accident Claims Tribunal, Sub Court, Devakottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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