One Uthirakotti, who was aged 19 = years and earning a sum of Rs.9,000/- per month, met with an accident that took place on 16.08.2003, due to which, he suffered fracture in the cervical bones (C1 and C2) and he was treated by traction administration and minerva jacket application and he was in the Hospital for a period of one month continuously.
1.1. Alleging that since he suffered fracture in the cervical bones and he was hospitalized for a period of one month, he suffered loss of earnings as well as loss of earning capacity, the injured filed a claim petition claiming compensation of Rs.7,00,000/- and it was restricted to Rs.3,50,000/-. The Tribunal has awarded compensation of Rs.1,05,240/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit and the break-up details of the compensation reads as under:
Loss of income for the treatment period (i.e. two months) - Rs. 9,000/-
Transportation to Hospital - Rs. 1,000/-
2. The Tribunal has rejected the claim for loss of earning capacity on the ground that there was no subsequent follow-up treatment and the petitioner would have been in a position to earn his livelihood as before. Yet another reasoning given by the Tribunal is that he was earning by letting out bullock carts and as damage has been awarded to the bullock cart, there is no loss of earnings/loss of earning capacity to the claimant. This part of the Judgment is under challenge by the claimant.
3. Learned counsel appearing for the claimant/appellant would submit that this is an appropriate case, where, the Tribunal should have adopted multiplier method of quantification in respect of loss of earning capacity.
3.1. Learned counsel appearing for the claimant/appellant would submit that even though the claimant was only letting out bullock carts, the fact remains that even at the time of accident, he was actually riding the bullock cart and due to the accident, the bullock cart was damaged and the bullock died, therefore, the loss of earning capacity should have been considered; the Tribunal ought to have considered the evidence of the Doctor, who certified the disability at 45%, which will definitely affect the earning capacity (because of fracture on C1 and C2 bones), but, the Tribunal awarded only a sum of Rs.40,000/- towards permanent disability.
4. The contention of the respondent that there could only be disablement compensation in the place of partial loss of earning capacity, because of the availability of corpus, namely, bullock and bullock cart, is acceptable.
5. It is contended that disablement compensation at Rs.3,000/- per percentage should have been awarded in respect of 45% disability and in that case, award on disablement compensation would be Rs.1,35,000/- (Rs.3,000/- x 45).
6. Insofar as the loss of earning is concerned, the Tribunal has awarded the just compensation at Rs.9000/-, by taking monthly income as Rs.4,500/- and giving a finding that the period of treatment would have been for two months for the injury suffered by the claimant.
7. So far as the award of Rs.10,000/- towards pain and sufferings is concerned, the Tribunal should have awarded more compensation on account of pain and sufferings, when the claimant has been hospitalized continuously for one month. Therefore, the award towards pain and sufferings is enhanced to Rs.30,000/-.
8. Considering the nature of the injuries and the period of treatment, the award towards extra-nourishment is enhanced to Rs.10,000/-, transportation is enhanced to Rs.10,000/-, loss of enjoyment of amenities is awarded at Rs.10,000/- and damage to cloths is awarded at Rs.1500/-. The break up details of the enhanced compensation read as under:
Loss of income for the treatment period (i.e. two months) - Rs. 9,000/- Transportation to Hospital - Rs. 10,000/- Extra nourishment - Rs. 10,000/- Damage to clothing and articles - Rs. 1,500/- Damage to bullock cart - Rs. 23,740/- Damage to bullock - Rs. 20,000/- Pain and sufferings - Rs. 30,000/- Permanent disability - Rs.1,35,000/- Loss of enjoyment of amenities - Rs. 10,000/- ------------------ Total - Rs.2,49,240/- ------------------- Rounded off - Rs.2,50,000/-
9. This Civil Miscellaneous Appeal is allowed by enhancing the compensation from Rs.1,05,240/- to Rs.2,50,000/-, which is payable along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit (less the interest for the default period, if any). No costs.
10. The entire amount of compensation as ordered by this Court shall be deposited by the Transport Corporation, less the amount already deposited, if any, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit (less the interest for the default period, if any), within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the claimant/appellant is permitted to withdraw the award amount. No costs. Consequently, connected miscellaneous petition is closed.
03.01.2017 ogy Index : Yes / No. Internet: Yes/No.
To
1. The Managing Director, Tamil Nadu Express Transport Corporation, Chennai 600 002.
2. The Motor Accident Claims Tribunal (IV Small Causes Court), Chennai.
Dr.S.VIMALA, J.
ogy C.M.A.No.70 of 2014 03.01.2017 http://www.judis.nic.in