(Judgment of the Court was delivered by K.KALYANASUNDARAM,J.) The Insurance Company has come up with the present appeal challenging the award passed by the Motor Accident Claims Tribunal (IV Additional Sub Court), Madurai, in MCOP No.913 of 1999, dated 31.10.2003, whereas the claimants filed Cross Objection (MD)No.53 of 2007 seeking enhancement of compensation.
2.The brief facts of the case are that on 02.06.1998 at about 04.00 hours, when the claimant along with his family members travelling in a TATA Sumo bearing Registration No.TN-59-H-8976 belonging to one K.Vijayalakshmi from Madurai to Coimbatore, the driver of the TATA Sumo lost control and hit against the stationary lorry bearing registration No.TN-41-E-6001. In the impact, the claimant sustained grievous injuries and he was immediately taken to K.G.Hospital, Coimbatore, where he underwent surgery. He filed a claim petition claiming compensation of Rs.40,00,000/-.
3.The claimant has further stated that he was employed as a Senior Manager ? Marketing in Sree Meenakshi Mills, Madurai with a monthly salary of Rs.14,000/-, however, due to the injuries sustained in the accident, he was unable to attend his normal work and suffered financial loss.
4.In the counter, the Insurance Company disputed the case of the claimant and also stated that the claim was exorbitant.
5.Before the tribunal, the injured J.R.Gopinath examined himself as PW1 and examined Dr.Gnaneswaran as PW2 and marked 30 documents as Exs.P1 to P30. On the side of the respondents, no oral or documentary was produced.
6.Upon consideration of the evidence, the tribunal has awarded Rs.27,00,000/- along with interest @ 9% p.a. Against the judgment and decree, the Insurance company as well as the claimant have approached this court. This appeal is restricted only to quantum of compensation and the other aspects are not questioned by the appellant.
7.Heard Mr.S.Manohar, learned Counsel for the Insurance company and Mr.R.Subramanian, learned Counsel for the claimant and perused the materials available on record.
8.PW2 Dr.T.R.Gnaneswaran has stated in his evidence that the claimant has sustained head injury in the accident and his permanent disability was assessed as 60%, on examination of the claimant and perusal of Ex.P17 X-ray and Ex.P18 Scan report. The Doctor has further deposed that the injured was often getting fits due to the head injury. Ex.P1 Wound Certificate shows that claimant has suffered head injury. Ex.P30 is the Disability Certificate. Exs.P8 to P10 Discharge summaries show that the claimant had been taking treatment in K.G.Hospital, Coimbatore for a considerable period. The tribunal has taken the income of the injured at Rs.13,218/- as per salary certificate Ex.P27. Ex.P26 the Relieving order shows that the injured has resigned his employment after the accident.
9.MP(MD)No.1 of 2012 has been filed by the claimant seeking permission to mark the medical records as additional documents to establish that he was under constant treatment till 2012, even after the award. A perusal of the affidavit and the documents produced would prove that the claimant had been taking treatment upto 2012 and incurred expenses.
10.In the case on hand, the claimant has proved that he has sustained 60% permanent disability and due to the injuries sustained in the accident, he lost his employment. It is contended by the learned counsel for the Insurance Company that the Textile Mill, in which the injured was working, has been closed and even the injured had not involved in the accident, he would have lost his employment in view of the closure of the Mill. As per the decision in Sarla Verma, multiplier would be 15, but the tribunal applied multiplier 16 and awarded Rs.24,96,000/- and by applying proper multiplier 15, the loss of income is worked out at Rs.23,40,000/-, hence Rs.60,000/- awarded under the head of permanent disability is deleted. The award of Rs.2,00,000/- towards past medical expenses and Rs.10,000/- towards future medical expenses; Rs.5,000/- for extra nourishment and Rs.25,000/- towards pain and sufferings are confirmed. In total, the claimant is entitled to Rs.25,80,000/-. The interest awarded by the tribunal is maintained.
11.In the result, the C.M.A(MD)No.2217 of 2004 is partly allowed. The award is modified to Rs.25,80,000/- as against Rs.27,00,000/- and the CROS.OBJ(MD)No.53 of 2007 is dismissed. The appellant Insurance Company is directed to deposit the modified award amount, less already deposited. On such compliance, the claimant is permitted to withdraw the share. No costs. Consequently, the connected Miscellaneous Petitions are closed.
To
1.The Motor Accident Claims Tribunal - cum ?
IV Additional Sub Judge, Madurai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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