In a road accident that took place on 21.2.2000, a two wheeler had dashed against a 19 year old young man, owing to which he suffered various injuries, both grievous and simple, for which he moved the Tribunal with a claim of Rs.5,00,000/- and the Tribunal has passed an award for Rs.5,67,200/- payable with interest @ 9% per annum. Of the injuries suffered by the claimant, one that he suffered to his left eye was critical, in that he lost his entire vision of the left eye. The Tribunal has fixed the monthly income of the victim notionally at Rs.2,300/-, applied 16 as multiplier and determined the loss of earning capacity of the victim at Rs.4,41,600/-. It has also granted compensation of Rs.1,00,000/- towards loss of marital prospects and mental agony; and on the other general heads of compensation, it distributed the balance and on the head of pain and suffering, it has not awarded anything whatsoever.
2. The learned counsel for the appellant submitted that as per the evidence of P.W.2, the doctor who assessed the disability of the victim, the victim had suffered 50% permanent disability whereas the Tribunal has treated it at 100%. Secondly, even though the claimant might have claimed that he had lost vision of his left eye, there is no knowing if he had vision to his left eye prior to the accident. This is an aspect the appellant had pointedly raised in his counter and even though the Tribunal has discussed this in its award, it literally brushed aside the said contention of the Insurance Company. She argued that the compensation amount therefore may have to be reasonably relooked and at any rate, the interest payable at 9% would be exorbitant.
3. Per contra, the learned counsel for the first respondent/claimant brought to the notice of the Court that the first of the injuries that the victim had suffered shows presence of edema in the left eye which implies that the injury to his left eye was fresh. Unless the contrary is otherwise proved, one should be considered to have vision of the left eye, and with the fresh injury having been established to the left eye of the claimant it would be a far fetched plea to suspect that the victim might not have had any vision to his left eye prior to the accident and he pointedly brought to the notice of the Court that the victim was in hospital for about a week and was treated not only for the injuries to his left eye, but also skull fracture, fracture to nasal bone and also injuries to facial bone, whose pain will be enormous, since facial tissues are soft. The Tribunal however has not paid anything towards pain and suffering.
4. I carefully weighed the rival submissions made before this Court and determined taking into consideration the age and avocation of the victim, the functional disability at 75% and accordingly I re-worked the compensation payable on this head (loss of earning capacity) at Rs.2300 x 12 x 18 x 70% comes to Rs.3,47,760/-; for matrimonial prospects Rs.1,00,000/-; the other heads (as against Sl.Nos.3,4,5) already awarded (Rs.25,600/-) by the Tribunal is retained ; and towards pain and sufferings I grant Rs.30,000/-. The reworked compensation amount is tabulated below : Sl. Nos.
Heads Amount (Rs.) 1 Loss of earning capacity 3,47,760.00 2 Loss of matrimonial prospects and mental agony 1,00,000.00 3 Towards Grievous injuries 5,000.00 4 Nourishment 2,000.00 5 Medical Expenses 18,600.00
6. Pain and suffering 30,000.00 Total :
5,03,360.00
5. It is submitted by the appellant that the entire amount has been deposited and if so, the appellant is permitted to withdraw any amount determined in excess of Rs.5,03,360/- with accrued interest if any. If on the other hand the appellant has not deposited the entire amount , it is directed to deposit Rs.5,03,360/- with interest @ 9% herein fixed, less the amount already so deposited before the Tribunal within four weeks from the date of receipt of a copy of this order, whereupon the claimant would be entitled to withdraw the same forthwith.
6. In the result, this appeal is partially allowed with no costs.
11.01.2017 ds Index : Yes/No Internet:Yes/No To
1.The Motor Accidents Claims Tribunal, Additional District Court -Fast Track Court No.V Coimbatore at Tiruppur.
2.The Section Officer, VR Section, High Court, Madras.
N.SESHASAYEE, J.
ds CMA.No.1199 of 2005 11.01.2017 http://www.judis.nic.in