Challenging the quantum of compensation awarded by the Claims Tribunal as inadequate, the claimant has preferred this appeal.
2. The claimant, Harikrishnan, aged 24 years, a carpenter, earning a sum of Rs.20,000/- per month, met with an accident on 06.07.2011 due to which he sustained fracture in the right leg, right hand elbow and other grievous injuries. Hence, he filed a claim petition in M.A.C.T.O.P.No.4929 of 2007, seeking compensation in a sum of Rs.6,00,000/- .
3. The claims tribunal, on consideration of oral and documentary evidence has awarded a sum of Rs.4,65,000/- (Four Lakhs Sixty Five Thousand). The break-up details of the same are as follows:
1. Loss of Income for 6 months Rs. 27,000/-
2. Transportation , Extra Nourishment and Damages to Clothes Rs. 25,000/-
3. Medical Expenses Rs. 5,000/-
4. Pain and Suffering Rs. 40,000/-
5. Disability of 45% at the rate of Rs.2,000/- per percentage Rs. 90,000/-
6. Loss for future earning capacity Rs.2,43,000/-
7. Loss of Amenities Rs. 25,000/-
8. Attender Charges Rs. 10,000/-
Total Rs.4,65,000/-
4. The learned counsel for the appellant submits that the compensation awarded by the Claims tribunal is very low and the same needs to be enhanced.
It is further submitted that the Tribunal ought to have awarded more compensation under the head of permanent disability and loss of earning capacity.
5. For better appreciation of the matter relating to the injuries sustained by the claimant, the deposition of P.W.2- the Doctor N.Saichandran is crucial and the same is extracted hereunder:-
“... tyJ bjhil vYk;g[ Kwpt[ Vw;gl;L J}shf cile;Js;sJ/ vYk;g[fs; TLtjw;F mWit rpfpr;ir K:yk; ePz;l fk;gpfs; kw;Wk; jpUFfs; bghUj;jg;gl;lJ/ rpfpr;irapd; nghJ vYk;g[fs; rpfpr;irapd; nghJ vYk;g[ Tlhj epiy Vw;gl;ljhy; kW rpfpr;ir K::ykhf jpUFfs; mfw;wg;gl;lJ/ ,Lg;gpypUe;J vYk;g[ btl;o vLj;J bjhil vYk;gpy; itj;J J}s; vYk;g[ itj;J rprpr;ir mspf;fg;gl;lJ/ jw;nghJ tphpe;J Toa[s;sJ/ tyJ fhy; 1 m';Fyk; cauk; cah;e;Js;sJ/ epd;W ntiy bra;tJ KoahJ/ tyJ bjhil bfhL';fhaj;jpw;F njhs;Xl;L mWitrpfpr;ir bra;ag;gl;lJ/ fhaj;jpd; tL ,Wfp Toa[s;sJ/ epd;W ntiy bra;tnjh KoahJ. elg;gjpnyh rpukk;/ ,jdhy; mth; bra;J te;j gpl;lh; gzpia bra;a ,ayhJ”
6. The doctor has assessed disability @ 60% and issued Ex.P11- Disability Certificate. Though the Doctor has assessed the disability @60%, the Tribunal has fixed the disability @ 45%. The Claims Tribunal, adopting percentage method, has awarded a sum of Rs.2,000/- per percentage of disability. Considering the nature of injuries suffered and the period of treatment taken, as is reflected in Ex.P2-Discharge summary, which reveals that the claimant had sustained fracture in his right leg and sustained comminuted fracture of shaft or right femur. The discharge summary further reveals that the claimant had been hospitalised for more than 40 days, which shows that the injuries suffered by the claimant are not only grave in nature warranting such a long period of hospitalisation, but also the fact that such injuries would have resulted in disability as spoken to by the Doctor, this Court is of the considered view that Rs.3,000/= per percentage of disability would be the just and reasonable compensation. Accordingly, the compensation towards disability is enhanced from Rs.90,000/- to Rs.1,35,000/-.
7. Insofar as the compensation awarded under the other heads are concerned, this Court, keeping in mind the nature of injuries suffered by the claimant and the impact of the injuries on the future life of the claimant, is of the considered view that the compensation towards loss of enjoyment of amenities requires enhancement and, accordingly, the same is enhanced from Rs.25,000/- to Rs.50,000/-. The period of hospitalisation coupled with the nature of injuries suffered would definitely warrant an attendant to be available. In such circumstances, the attendant charges is enhanced from Rs.10,000/- to Rs.30,000/-. Further the nature of injuries sustained by the claimant shows that the mobility of the claimant would have been much hindered, due to which he would have experienced considerable pain. The compensation awarded towards pain and sufferings at Rs.40,000/= is not commensurate with the injuries sustained by him. Therefore, this Court feels that the compensation under the said head requires enhancement and, accordingly, the same is enhanced to Rs.75,000/-. The compensation awarded under all the other heads are just and reasonable and, accordingly, the same is confirmed.
8. In fine, the compensation awarded by the overall compensation is enhanced by Rs.1,25,000/- on the heads discussed above. Accordingly, the Civil Miscellaneous Appeal is allowed enhancing the compensation from Rs.4,65,000/- to Rs. 5,90,000/-. No costs.
9. The Second respondent/insurance company is directed to deposit the amount, as enhanced by this Court above, along with interest @ 7.5% per annum from the date of petition till the date of deposit (excluding the default period, if any), along with costs as quantified by the Tribunal, to the credit of the claim petition within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal is directed to transfer the same directly to the bank account of the claimant through RTGS within a period of two weeks thereafter.
03.03.2017 Index : Yes/No arr/GLN To
1. Motor Accident Claims Tribunal Court of VI Small Causes, Chennai. .
2. The Section Officer, VR Section, High Court, Madras.
DR.S.VIMALA, J.
arr/GLN C.M.A. No. 446 of 2017 03.03.2017