Heard the learned counsel on either side.
2.The Insurance Company has filed this appeal questioning the impugned award on the ground of quantum. The first respondent herein was riding his bicycle when the lorry belonging to the second respondent herein and insured with the appellant insurance company dashed against him. The claimant fell down and the wheel of the lorry is said to have ran over his toe. The accident took place on 14.08.1999 at about 20.30 hours. FIR was registered shortly thereafter and the lorry number is mentioned herein. The claimant was admittedly sent to the hospital and it was marked as EX.P2. The claim petition was however filed after three years. The Tribunal awarded a sum of Rs.1,20,380/- as compensation. Questioning the same, this appeal has been filed.
3.It is seen that the Tribunal went by the Disability Certificate Ex.P3 issued by PW2. The doctor has certified that the claimant has suffered from partial permanent disability to the tune of 49%. Admittedly, the said PW2 did not treat the claimant. The certificate was also issued after a lapse of 11 years. The entries found in the said certificate do not inspire the confidence of this Court. It is not known as to the basis on which the said percentage of disability was arrived at. It is therefore necessary to re-work the compensation payable to the claimant.
Sl.No Heads Amounts in Rupees
1. For loss of income Rs. 4,500/-
2. For transportation Rs. 1,000/-
3. For extra nourishment Rs. 5,000/-
4. For pain and suffering Rs.15,000/-
5. For disability Rs.25,000/-
Total Rs.50,500/-
4.Therefore, the compensation payable to the claimant will have to be reduced from Rs.1,20,380/- to Rs.50,500/-. The award dated 14.08.2013 made in M.C.O.P.No.1647 of 2002 on the file of the Motor Accidents Claims Tribunal/IV Additional Sub Judge, Madurai is modified accordingly.
5.The appellant is directed to deposit the entire compensation amount of Rs.50,500/- 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 On such deposit, the first respondent is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
6.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accidents Claims Tribunal/ IV Additional Sub Judge, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
Note: Registry is directed to communicate the judgment copy to the respondents.
.