THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Civil Miscellaneous Appeal No.1433 of 2014
Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, passed in M.C.O.P.No.1783 of 2007 on 16.07.2010.
For Appellant : Mr.P.D.Selvaraj For Respondents : Ex parte [R1] D.Bhaskaran [R2] ***** http://www.judis.nic.in
J U D G M E N T
[Judgment of the Court was made by C.T.SELVAM, J.] This appeal arises against the judgment of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, passed in M.C.O.P.No.1783 of 2007 on 16.07.2010.
2. Appellant is the claimant. First respondent is the owner of the offending vehicle and second respondent is the insurer thereof. On 10.02.2007 at about 22.45 hours, while appellant was riding his bicycle, a Water Tanker Lorry bearing registration No.TN-22-B-1249 hit the bicycle from behind resulting in appellant sustaining grievous injuries. Appellant sought compensation in a sum of Rs.20,00,000/-.
3. Before the Tribunal, on the side of appellant/claimant, 3 witnesses were examined and 8 exhibits were marked. None were examined on the side of second respondent insurance company nor were any exhibits marked.
4. On appreciation of materials before it, Tribunal, under judgment dated 16.07.2010, found that the accident has occurred owing to the rash and negligent driving of the lorry and awarded compensation as follows:
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(a) Loss of Earning Capacity : Rs.3,26,400/-
(b) Pain and sufferings & Expectation of life : Rs.1,00,000/-
----------------- Rs.4,96,400/-
-----------------
The said sum of Rs.4,96,400/- was directed to be paid with interest at 7.5% p.a. from the date of petition till the date of deposit. Seeking enhancement of compensation, the present appeal has been filed.
5. Heard learned counsel for appellant and learned counsel for second respondent insurance company.
6. Though it has been contended by learned counsel for second respondent that relating the relevant percentage of disability to the whole body, the actual percentage is to be reduced, we are unable to agree since the claimant was a painter, the injuries suffered are to the pelvic region, he has undergone as many as six operations and therefore, assessment of disability at 40% is proper. We accept the submission of learned counsel for second respondent that since multiplier method is adopted towards calculating the loss of earning capacity, no separate amount could be granted under the head disability. We are unable to accept the contention of learned counsel for appellant that damage suffered to the urethra/urinary bag adversely would affect sexual capacities and consequentially marital prospects of the claimant. We accept the claim of http://www.judis.cnilca.inimant's earning of Rs.200/- per day and reduce 1/3rd towards his personal expenses. As the claimant was aged 24 years at the time of accident, future prospects at 40% is to be granted. Accordingly, the modified compensation payable is as follows:
(a) Loss of Earning Capacity : Rs.15,99,360/- [(6000+40%-2800)*12*17*40%]
(b) Pain and sufferings & Expectation of life : Rs. 1,00,000/-
(c) Extra nourishment : Rs. 25,000/-
(d) Medical Expenses : Rs. 10,000/-
(e) Transport to Hospital : Rs. 10,000/-
----------------- Rs.17,44,360/-
-----------------
The enhanced compensation of Rs.17,44,360/- is to be paid with interest at 7.5% from the date of petition till the date of deposit.
The Civil Miscellaneous Appeal is partly allowed. The second respondent insurance company is directed to deposit the enhanced compensation amount less that already deposited within a period of eight weeks from the date of receipt of this judgment. On such deposit being made, appellant/claimant is at liberty to withdraw the same on due application. Deficit Court fee, if payable, by appellant in keeping with the quantum awarded by this Court shall be paid within two months of the receipt of this judgment. No costs.
[C.T.S., J] [M.V.M., J] 21.11.2017 Index:yes/no Internet:yes http://www.judis.nic.in gm To The Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.
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C.T.SELVAM, J
and M.V.MURALIDARAN, J
gm
Civil Miscellaneous Appeal No.1433 of 2014
http://www.judis.nic.in
21.11.2017