This appeal is filed by the appellant insurance company challenging the quantum of compensation awarded by the tribunal made in MCOP.No.77 of 2006, on the file of the Motor Accident Claims Tribunal (Sub Court) Kuzhithalai.
2.At the outset, the learned counsel for the appellant contended that the present appeal is filed only challenging the quantum of compensation awarded by the tribunal. In view of the submission made by the learned counsel for the appellant, there is no need for this court to go into the other aspects of the award passed by the tribunal.
3.It was the case of the first respondent before the Tribunal that on account of the accident he had sustained fracture on the spinal card. The Doctor who was examined as P.W.2 had assessed the disability at 30%. The tribunal while calculating the compensation under different heads awarded a sum of Rs.82,500/- under the head of loss of income by applying multiplier method as in the case of total permanent disablement ignoring the fact that the disability suffered by the victim is only partial permanent disability.
4.Learned counsel for the appellant further contended that this method adopted by the tribunal for awarding the amount for partial disablement is not correct and therefore, the amount has to be reduced by way of reassessment on review.
5.Per contra, the learned counsel for the first respondent made his submissions supporting the finding arrived at by the Tribunal.
6.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the first respondent and perused the materials available on record.
7.On a scrutiny of the award and other materials, I find that in order to prove the disability on the side of the first respondent, the Doctor who had examined the claimant/the first respondent was examined as P.W.2. He had stated in his evidence that the disability suffered by the victim is only 30%. But the tribunal by fixing a sum of Rs.7,500/- as annual loss of income by applying multiplier '11' awarded a sum of Rs.82,500/- under the head of loss of income, in proportion to 30% disability.
8.As contended by the learned counsel for the appellant when there is no total permanent disablement, the tribunal ought not to have awarded the amount by applying multiplier method. Hence, in my opinion, the amount has to be reduced by way of reassessment by awarding compensation based on the percentage of the disability suffered by the victim. Normally, the tribunals are awarding a sum of Rs.2,000/- for each percentage of disability. Considering the facts and circumstances of the case, I am of the opinion, even, in this case, a sum of Rs.2,000/- could be awarded for each percentage of the disability, and if a sum of Rs.2,000/- is awarded for each percentage of disability, the amount works out to Rs.60,000/- (30% x Rs.2,000/-) which amount could be awarded as just and proper compensation under the head of disability. Hence, the amount of Rs.82,500/- awarded by the tribunal under the head of loss of income is set aside and in lieu thereof a sum of Rs.60,000/- is awarded under the head of disability. Consequently, the total award amount of Rs.89,000/- is hereby reduced to Rs.66,500/-.
9.Except the above modification, the award remains unaltered in all other respects. In view of the above modification, the appellant insurance company is permitted to withdraw the amount already deposited by them before the tribunal with proportionate interest.
10.The Civil Miscellaneous Appeal is disposed of to the extent indicated above. No costs.
sms To The Motor Accident Claims Tribunal (Sub Court) Kuzhithalai.