In C.M.A.(MD)No.951 of 2017, the Claimant is the cross objector. The appeal C.M.A.No.951 of 2011 was withdrawn by the Insurance Company. Therfore, the Cross Objection is alone taken up for hearing.
2. The Cross Objector sought for compensation of Rs.7,00,000/-(Rupees Seven Lakhs only) for the injuries suffered by him in a road accident, which occured on 26.03.2008. As a result of the accident, the cross objector had suffered serious head injury, loss of vision in the left eye, fracture of bone at left cheek and then he was admitted in Christian Mission Hospital, Vellore. Thereafter, he was admitted in Christian Mission Hospital, Madurai for continuous treatment of the head injury. According to him, he also incurred medical expenses. He was working as an Assistant Manager in Susee Company and was earning 6,500 per month. Due to the accident, he was unable to continue with the said employment. Prospects of marriage has also been affected due to the loss of vision in one eye. The cross objector restricted the claim of Rs.7,00,000/-(Rupees Seven Lakhs only).
3. The second respondent / the Insurance Company resisted the said claim and contended that the accident occured due to rash and negligent driving of the vehicle, bearing Reg.No.TN 02 L 7650. Negligence on the part of the driver of the lorry insured with the appellant Insurance Company was denied. The Insurance Company also contended that the compensation claim of Rs.7,00,000/-(Rupees Seven Lakhs only) considering the nature of the injuries is exaggerated.
4. The Tribunal on a consideration of the oral and documentary evidence concluded that it was negligence on the part of the driver of the lorry that caused the accident. However since the Insurance Company has withdrawn this appeal, the question of negligence need not be gone in to. On the quantum, the Tribunal awarded the following amounts under various heads:
Loss of Earning Power Rs.4,32,000 For Disability Rs.1,20,000 For Transportation Rs. 2,000 For Clothing Rs. 1,000 For Nurishment Rs. 10,000 For Medical Expenses Rs. 72,000 For Pain and Sufferings Rs. 25,000 For Admission Charges Rs. 2,000 For Loss of Income(during Treatment period) Rs. 3,800 Total Rs.6,67,800 While arriving at sum of Rs.4,32,000/-(Rupees Four Lakhs and Thirty Two Thousand only) towards loss of earning power, the Tribunal disbelieved the conflicting evidence on the side of the claimant. However it assumed a notional income of Rs.3,000/-(Rupees Three Thousand only) per month. It deducted 1/3 for personal expenses Tribunal applied the multiplier of 18 and arrived at the total loss of earning power at Rs.4,32,000/-(Rupees Four Lakhs and Thirty Two Thousand only).
5. Mr.R.Maheswaran, learned Counsel for the cross objector, would contend that the deduction of 1/3 for personal expenses is a case relating to injuries would be contrary to the judgment of the Division Bench of this Court in Branch Manager, Oriental Insurance Co. Ltd., Vs. T.R.Senthil Raj, reported in 2013 (2) TN MAC 134, wherein the Division Bench has held that the deduction of any amount towards personal expenses does not arise in a case of injury. Therefore, according to the learned counsel for the cross objector, the claimant would be entitled to a sum of Rs.6,48,000/-(Rupees Six Lakhs and Fourty Eight Thousand only) as under the head of loss of earning power.
6. Mr.D.Sivaraman, learned counsel for the respondent / Insurance Company would submit that having awarded a sum of Rs.4,32,000/-(Rupees Four Lakhs and Thirty Two Thousand only) for the loss of earning power, the tribunal erred in awarding another sum of Rs.1,20,000/-(Rupees One Lakh and Twenty Thousand only) for permenant disability. He would also rely upon the judgment of the Full bench in Cholan Roadways Corporation Ltd. Vs. Ahmed Thambi and others reported in 2006 (4) CTC 433. The Full Bench decided the matter on a reference having been made by Honourable Justice K.P.Sivasubramanian after noticing the conflict between the two Division Bench Judgments of this Court in Managing Director, Tiruvalluvar Transport Corporation, Madras v. Thangavelu and another, 1995 (2) CTC 366 and National Insurance Co. Ltd v. A.Kala Mohan and another, 1998 ACJ 295. The Full Bench finally concluded that the Tribunal should itemise the award under different heads namely loss of earning capacity and non-pecuniary losses i.e., loss of expectation of life, hardship, mental stress, loss of prospect of marriage, loss of amenities etc. And if the claim is so granted, there need not be a seperate compensation under the head of permanent disability.
7. In view of the above Judgment of the Full Bench, it is concluded that the award of compensation towards the loss of earning power, permanant disability and also towards other non-pecuniary losses actually amounts to double compensation.
8. In the light of the above, the award of the Tribunal requires modification. Under the head of loss of earning power, the monthly income was fixed Rs.3,000/-(Rupees Three Thousand only) and age of the claimant at the time of accident was 28 years. The multiplier of 18 is applied. Therefore, the claimant would be entitled to a sum of Rs.6,48,000/-(3000*12*18)(Rupees Six Lakhs and Fourty Eight Thousand only) under the head of loss of earning power. The sum of Rs.1,20,000/-(Rupees One Lakh and Twenty Thousand only) awarded on the ground of permanent disability will stand disallowed. The Tribunal awarded a sum of Rs.25,000/-(Rupees Twenty Thousand only) for pain and sufferings. But the Tribunal has not awarded any amount towards loss of amenity, loss of future prospects and loss of prospects of marriage, etc. Admittedly, the claimant has lost his vision in one eye. This has definitely resulted in loss of amenities as well as the loss of marriage prospects. Therefore, the cross objection is allowed. The award of the Tribunal is modified as follows:
Loss of earning income Rs.6,48,000 (3000*12*18) For Loss of amenities and Marriage Prospect Rs.1,00,000 For Transportation Rs. 2,000 For Clothing Rs. 1,000 For Nurishment Rs. 10,000 For Medical Expenses Rs. 72,000 For Pain and Sufferings Rs. 25,000 For Admission Charges Rs. 2,000 For Loss of Income(during Treatment period) Rs. 3,800 Total Rs.8,63,800
9. The Insurance Company is directed to deposit the enhanced sum of Rs.1,96,000/-(Rupees One Lakh and Ninety Six Thousand only) along with the interest of 7.5% per annum from the date of petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this Order.
10. With the above direction, this Cross Objection is allowed.
To The Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Madurai..