The claimant before the Tribunal has come forward with this appeal challenging what he perceives as inadequate compensation awarded to the injuries he had suffered in a road accident.
2. On 24.04.2007 at 9.30 a.m., the claimant while riding his two wheeler along GST Road was knocked down by a bus belonging to the State Express Transport Corporation. He suffered grievous injuries, and his left leg was amputated during the course of his prolonged hospitalisation. He was a temple priest and was also a prohit. The doctor has assessed the permanent disability suffered by the victim at 70%, but the Tribunal has awarded a consolidated sum of Rs.1,00,000/- on the head of permanent disability. In all, as against the claim of Rs.8,03,000/-, the Tribunal passed an award for Rs.2,92,510/- payable with interest at 7.5% p.a. The compensation awarded by the Tribunal on various heads is as under : Heads Amount awarded by Tribunal (Rs.) Loss of earnings (Rs.4500 x 4 months) 18,000.00 Transportation charges 5,000.00 Extra nourishment 1,000.00 Damages to clothes & articles 500.00 Medical Expenses 1,18,010.00 Compensation for pain and suffering 50,000.00 Permanent disability and loss of earning power 1,00,000.00 Total :
2,92,510.00
3.The learned counsel for the appellant contended that the Tribunal has been insensitive in its approach in appreciating the extent of impact the injury and the consequent amputation of leg might have left on the ability of the claimant to pursue his avocation as before. As a prohit, he may have to travel across the places in a two wheeler which is now no more possible, and in a society where everyone runs for time, the fact that he may not be in a place at an appointed hour due to injury implies that he might not be wanted by those who previously engaged him. Besides, he cannot walk, or climb up or down the stairs, or squat on the floor, which are essential for his avocation. He argued that it is a case where the Tribunal should have considered that the claimant has suffered total functional disability and should have reckoned his percentage of disability at 100%. He also contended that even on the non-pecuniary heads of damages, the compensation awarded is far from being just and fair.
4. Mr.P.Paramasivadoss, the learned counsel for the respondent argued that the claimant has not produced any material evidence to show that he was actually a prohit and temple priest and that he has not even produced any salary certificate to show his income from the temple. However, the Tribunal has fixed his monthly income at Rs.4,500/-. The approach of the Tribunal is appropriate and in this regard, its opportunity to witness the claimant before it should not be discounted.
5. I find substantial merit in the submission of the learned counsel appearing for the appellant. Here is a priest, who in our social context is expected to squat on the floor for performing pooja and other rites and ceremonies, has been so inconvenienced that he could not even sit on the floor. There is also a merit in his submissions that with one leg he cannot run about in a city where nobody pause to wait for another. Therefore, it is a case of functional disability which deserves to be appreciated at higher level. Taking into overall consideration of the facts before this court, the functional disability of the claimant is fixed at 85%, and at Rs.4,500/- a month as income, which given the cost of living in a metropolitan city is moderate to say the least, and applying a multiplier of 14 commensurate with the age of the claimant, the total compensation on the head of functional disability of the claimant is arrived at [Rs.4,500 x 12 x 14 x 85%] Rs. 6,42,600/-; For pain and suffering compensation is enhanced from Rs.50,000/- to Rs.1,00,000/-; for transport another Rs.5,000/- and for extra nourishment Rs.20,000/- are awarded. On other aspects, the award of the Tribunal is confirmed. The break up details of the revised compensation amount is as follows : Heads Amount awarded by Tribunal (Rs.) Loss of earnings (Rs.4500 x 4 months) 18,000.00 Transportation charges 10,000.00 Extra nourishment 20,000.00 Damages to clothes & articles 500.00 Medical Expenses 1,18,010.00 Compensation for pain and suffering 1,00,000.00 Permanent disability and loss of earning power 6,42,600.00 Total :
9,09,110.00
6. In the result, the appeal is allowed and the award amount is enhanced from Rs.Rs.2,92,510/- to Rs.9,09,110/-. The respondent is directed to deposit the entire enhanced award of compensation along with accrued interest payable at 7.5% per annum, less any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order, whereupon the claimant is permitted to withdraw the same forthwith. However, the appellant/claimant would not be entitled to any interest for the period of delay in preferring the appeal. The claimant is directed to pay necessary court fee on the enhanced portion of the award amount. No costs.
02.08.2017 ds/kas Index : Yes / No Internet : Yes / No To:
1.The Sub Judge, Motor Accidents Claims Tribunal Tambaram.
2.The VR Section High Court of Madras Chennai.
N.SESHASAYEE,J., ds/kas C.M.A.No.1443 of 2013 02.08.2017