This Civil Miscellaneous Appeal has been filed by the appellant- claimant against the award of Rs.1,58,000/- (Rupees One Lakh and Fifty Eight Thousand only) for the injuries sustained by the appellant-claimant, aged 42 years, working as Clerk cum Packer at T.V.Koil Co-operative Stores Limited, No.28, Sannathi Street, T.V.Koil, Trichy District, allegedly earning a sum of Rs.3,500/- (Rupees Three Thousand and Five Hundred only) per month, in the accident occurred on 03.07.2000, when he was riding in his bicycle from east to west on T.V.Koil main road, the lorry bearing Registration No.TN-47-A-7959 belonging to the first respondent and insured with the second respondent, was driven in a rash and negligent manner by its driver and dashed behind the bicycle in which the appellant-claimant was riding and caused the accident. Therefore, the claim petition was filed.
2. On contest, the Tribunal, based on the evidence of P.W.1 and filing of Ex.P.1 ? F.I.R against the driver of the first respondent, found that the accident occurred only due to the rash and negligent driving of the driver of the first respondent and awarded the compensation of Rs.1,58,000/- (Rupees One Lakh and Fifty Eight Thousand only). Aggrieved over the quantum of compensation, the appellant/claimant filed the present appeal.
3. Heard Mr.N.Kamesh, learned Counsel for the appellant-claimant and Mr.J.S.Murali, learned Counsel for the second respondent-Insurance Company.
4. The Tribunal, based on the evidence of P.W.1 and filing of Ex.P.1 - F.I.R against the driver of the first respondent and in the absence of any contra evidence to disprove the claim of the appellant/claimant, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the first respondent and therefore, fastened the liability on the second respondent-Insurance Company. Hence, the said finding based on evidence cannot be interfered with.
5. It is seen that in the accident, the appellant/claimant sustained permanent disability at 60% as per the evidence of P.W.2 - Doctor and Ex.P.6
- Disability Certificate and the Tribunal rightly awarded a sum of Rs.1,000/- (Rupees One Thousand only) towards 1% permanent disability, which, in the opinion of this Court, is reasonable as the accident occurred on 03.07.2000 and accordingly, a sum of Rs.60,000/- (Rupees Sixty Thousand only) awarded by the Tribunal towards 60% permanent disability is confirmed. [Rs.1,000/- X 60%].
6. A sum of Rs.20,000/- (Rupees Twenty Thousand only) alone was awarded by the Tribunal towards pain and sufferings, which is on the lower side and therefore, this Court enhances the same to a sum of Rs.30,000/- (Rupees Thirty Thousand only).
7. The Tribunal awarded only a sum of Rs.36,600/- (Rupees Thirty Six Thousand and Six Hundred only) towards medical expenses based on Ex.P.4 - Medical Bills and the same is confirmed.
8. The Tribunal, considering the period during which the appellant- claimant was taking treatment as inpatient, awarded a sum of Rs.1,400/- (Rupees One Thousand and Four Hundred only) towards loss of income during treatment period and this Court confirms the same.
9. Further, the Tribunal awarded a sum of Rs.10,000/- (Rupees Ten Thousand only) towards loss of earning power as the appellant-claimant suffered permanent disability at 60% and this Court finds no infirmity in awarding the said amount towards loss of earning power.
10. Further, the Tribunal awarded a sum of Rs.10,000/- (Rupees Ten Thousand only) towards mental agony and the same is also confirmed.
11. Similarly, a sum of Rs.5,000/- (Rupees Five Thousand only) awarded by the Tribunal towards extra nourishment is enhanced to a sum of Rs.10,000/- (Rupees Ten Thousand only).
12. The Tribunal awarded a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges, which in the opinion of this Court, is very reasonable and hence, the same stands confirmed.
13. Considering the nature of injuries sustained by the appellant- claimant and also taking note of the future medical treatment to be undergone by him, the Tribunal rightly awarded a sum of Rs.10,000/- (Rupees Ten Thousand only) towards Expenses for Artificial Leg and therefore, this Court confirms the same.
14. Further, no amount was awarded by the Tribunal towards future medical expenses and hence, this Court, in the facts and circumstances of the case, awards a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards Future Medical Expenses.
15. Similarly, no amount was awarded by the Tribunal towards attendant charges and therefore, this Court awards a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) under the said head.
16. The rate of interest awarded by the Tribunal at 9% per annum is on the higher side and the same is reduced to 7.5% per annum.
17. Accordingly, the appellant-claimant is entitled to a sum of Rs.2,23,000/- (Rupees Two Lakhs and Twenty Three Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
18. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.1,58,000/- (Rupees One Lakh and Fifty Eight Thousand only) to Rs.2,23,000/- (Rupees Two Lakhs and Twenty Three Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(ii) The appellant-claimant is directed to submit the details of his Savings Bank Accounts along with the copy of the passbook to the Tribunal forthwith;
(iii) The second respondent-Insurance Company is directed to deposit the entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.No.807 of 2001 on the file of the Motor Accident Claims Tribunal - cum ? Chief Judicial Magistrate, Trichy, within a period of four weeks from the date of receipt of a copy of this judgment;
(iv) On such deposit, the Tribunal is directed to transfer the entire award amount along with accrued interest and costs directly to the Personal Savings Bank Account Numbers of the appellant/claimant, through RTGS/ NEFT system, after getting his Account Details, within a period of two weeks thereafter;
(v) The appellant/claimant is directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy of this judgment; and
(vi) In the facts and circumstances of the case, there shall be no order as to costs.
To
1.The Motor Accident Claims Tribunal - cum ?
Chief Judicial Magistrate, Trichy.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..