Heard the learned counsel on either side.
2.The Insurance Company has filed this appeal on the ground of quantum. The first respondent suffered injuries in an accident involving a two-wheeler insured by the appellant. The doctor has certified that the claimant suffered 44% partial permanent disability. But there is nothing on record to show that the claimant suffered functional disability. Therefore adopting multiplier method is clearly erroneous. The compensation payable to the claimant will have to be reworked as under:-
Sl.No Heads Amount in Rupees
1. For loss of income Rs. 10,000/-
2.
3.Therefore the compensation payable to the claimant will have to be reduced from Rs.4,39,226/- to Rs.3,25,000/- The award dated 23.09.2010 made in M.C.O.P.No.1673 of 2007 on the file of the Motor Accident Claims Tribunal/1st Additional Sub Judge, Madurai is modified accordingly.
4.The appellant is directed to deposit the entire compensation amount of Rs.3,25,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. The insurance company is permitted to withdraw the same.
5.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accidents Claims Tribunal/ First Additional Sub Judge, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.