Heard the learned counsel on either side.
2.The claimant has filed this appeal seeking enhancement. He met with an accident involving excavator which was insured with the second respondent herein. The claimant had suffered amputation in his right leg. The doctor assessed disability at 75%. The Tribunal has adopted multiplier method by taking his monthly income at Rs.3,500/- and awarded a sum of Rs.11,83,494/-.
3.The learned counsel appearing for the appellant would submit that the fixation of monthly income is not correct. He placed reliance on the decision of the Hon'ble Supreme Court reported in 2014 (1) TN MAC 459 (SC) Syed Sadiq Vs.Divisional Manager, United India Insurance Company Limited. On the other hand, the learned counsel appearing for the second respondent would submit that this is not a case of claimant having suffered functional disability. He was running quarry business. In fact, the accident itself occurred in his own land involving the vehicle hired by him.
4.Be that as it may, it is nevertheless an accident which caused the vehicle has been insured with the second respondent. Since the claimant cannot be said to have suffered functional disability, the claimant erred in adopting the multiplier method, The compensation payable to the claimant will have to be reworked as under:- Sl.No.
Heads Amounts
1. For loss of income Rs. 1,00,000/-
2. For disability Rs. 2,25,000/-
3. For medical expenditure (incurred and future) Rs. 8,00,000/-
4. For Pain and suffering Rs. 1,50,000/-
5. For loss of amenities Rs. 1,50,000/-
6. For attender charges Rs. 1,00,000/-
7. For extra nourishment Rs. 1,00,000/-
Total Rs.16,25,000/-
4.Therefore the compensation payable to the claimant will have to be enhanced from Rs.11,83,494/- to Rs.16,25,000/-. The award dated 15.04.2013 made in M.C.O.P.No.160 of 2008 on the file of the III Additional Sub Court/Motor Accident Claims Tribunal, Trichirappalli is modified accordingly.
5.The 2nd respondent is directed to deposit the entire compensation amount of Rs.16,25,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal stands partly allowed. No costs.
Note: Registry is directed to communicate the judgment copy to the first respondent.
To
1.The III Additional Sub Court/ The Motor Accidents Claims Tribunal, Trichirappalli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.