The Insurance Company / second respondent in M.C.O.P.No.47 of 2005 on the file of the Motor Accidents Claims Tribunal, Fast Track Court, Kallakurichi is the appellant. The first respondent before the Tribunal is the owner of the offending vehicle. The Tribunal has awarded a total compensation of Rs.1,50,680/- for the injured in a motor accident on 29.07.2003. Challenging the quantum of compensation, the Insurance Company preferred the appeal.
2. In an accident that had occurred on 29.07.2003 at about 11.30p.m., the first respondent / claimant sustained injuries. According to the claimant, the second respondent drove the Tractor bearing Registration No.TN-32-Z-7081 in a rash and negligent manner and hit him, as a result of which, he sustained grievous injuries. The vehicle was insured with the appellant / Insurance Company. He claimed a total compensation of Rs.5,00,000/-.
3. After considering the oral and documentary evidence, the Tribunal held that the accident occurred due to the negligent act of the driver of the Tractor and awarded total compensation of Rs.1,50,680/- with interest at the rate of 9% per annum.
4. The learned counsel appearing for the appellant / Insurance Company would contend that the award of Rs.85,680/- towards disability was excessive and the ultimate award by claiming for loss of teeth, medical expenses was also excessive.
5. The learned counsel appearing for the first respondent / claimant would contend that the tribunal was justified in fixing the quantum, since the actual assessment of disability at 40% by P.W.2 Doctor was reduced and accepted by the Tribunal at only 20% towards functional disability.
6. The Tribunal awarded Rs.85,680/- under the head loss of earning, it applied multiplier 17. It allowed Rs.32,000/- for loss amenities; Rs.30,000/- for medical expenses; Rs.2,000/- under the head pain and sufferings; and Rs.1,000/- towards transport charges. The total comes to Rs.1,50,680/-.
7. It is seen from the records that the claimant was 34 years old the time of accident and was a businessman. He had suffered grievous injuries to his face; upper lip; fracture on the left tibia and also undergone surgery on the lip. Having regard to the age; nature of injuries and the period of hospitalisation, it cannot be said that the amounts awarded by the Tribunal under several heads are on the higher side. Some guess work or estimation is unavoidable. Having regard to the quantum of compensation, I am satisfied that the Tribunal has awarded only a just and reasonable compensation and interest at the rate of 9% per annum and the award does not require any interference.
8. In the result, the Civil Miscellaneous Appeal is dismissed. Since the appellant / Insurance Company had deposited the entire award amount of Rs.1,50,680/- with interest at the rate of 9% per annum and costs, less the statutory deposit, to the credit of M.C.O.P.No.47 of 2005 on the file of the Motor Accidents Claims Tribunal, Fast Track Court, Kallakurichi, the first respondent / claimant is permitted to withdraw the same with proportionate interest less the amount already withdrawn, if any, by making necessary application before the Tribunal. There shall be no orders as to costs.
15.02.2017 Index : Yes/No Internet : Yes sri To The Motor Accidents Claims Tribunal, Fast Track Court, Kallakurichi.
N.AUTHINATHAN, J., sri C.M.A.No.3133 of 2005 15.02.2017 http://www.judis.nic.in