The Claimant Sekar, aged 35 years, employed in hotel business, earning a sum of Rs.6,000/- per month met with accident on 06.06.2001 in which he sustained injuries. He filed a claim petition claiming a sum of Rs.2,00,000/- as compensation.
2. The Tribunal, on considering the oral and documentary evidence placed before it, as against the claim for a sum of Rs.2,00,000/- compensation, awarded compensation in a sum of Rs.42,500/-. Challenging the said compensation on the sole ground that the award is excessive, the present appeal has been filed.
3. It is the submission of the learned counsel for the insurance company that the compensation awarded under the heads Pain and Sufferings, Medical Expenses, Loss of Income and Permanent Disablement are on the higher side.
3. The Tribunal has considered the evidence of the injured Sekar as well as the doctor, who treated the claimant. The date of accident was on 06.06.2001. The petitioner suffered crush injury over the fingers of right leg. A part of the finger had been lost in the accident. There had been disfigurement in the part of the foot. It is the evidence of the claimant, which has been certified by the doctor, that there is loss of sensation in the nerves, and the doctor has assessed the disability at 20%. However, while assessing the functional disability, fixed the same at 5% and adopting the per percentage of disability, awarded a sum of Rs.10,000/= under the head disability. Under the head pain and suffering, considering the overall evidence available on record and taking into consideration the injuries suffered, has quantified the compensation at Rs.25,000/-. Though the expenses incurred towards medical treatment has not been supported through furnishing medical bills, however, the injuries sustained in the accident having not been disputed and it would have been necessary for the claimant to spend amounts towards medical expenses, the Tribunal awarded a sum of Rs.5,000/- as compensation under the head medical expenses. Loss of income has been conservatively quantified by the Tribunal for the period of one month and an amount of Rs.2,500/- has been awarded. In all, the Tribunal quantified the compensation payable at Rs.42,500/-.
4. This Court, after going through the entire evidence available on record and also the nature of injuries suffered by the claimant feels that except for the compensation awarded under the head pain and suffering, the compensation awarded under all the other heads are just and reasonable. Though this Court is of the view that the compensation awarded under the head pain and suffering is a bit excessive, however, is of the considered opinion that the award having passed in the year 2004, the value of money has been drastically reduced since then and by now has lost its value in the year 2017. In such view of the matter, this Court feels that interfering with the award at this distant point of time, after a gap of over a decade would not be proper, the amount is not so very high calling interference at the hands of this Court. Therefore, this Court is of the considered view that no interference is called for with the award passed by the Tribunal.
5. Accordingly, the civil miscellaneous appeal fails and the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
6. The appellant / insurance company is directed to deposit the entire award amount, less the amount, if any, already deposited, along with interest from the date of petition till the date of deposit to the credit of the claim petition within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the claimant through RTGS within a period of two weeks thereafter.
16.06.2017 Index : Yes/No rkp/srk/GLN To
1. Motor Accidents Claims Tribunal, Additional Special Court Krishnagiri
2. The Section Officer, VR Section, High Court, Madras.
DR.S.VIMALA,J.
Rkp/srk/GLN C.M.A. No. 1963 of 2017 and C.M.P.No.10626 of 2017 16.06.2017