This Civil Miscellaneous Appeal has been filed against the award of Rs.48,000/- (Rupees Forty Eight Thousand only) passed in M.C.O.P.No.96 of 2012, dated 27.02.103 on the file of the Motor Accidents Claims Tribunal- cum- Second Additional District Judge, Thoothukudi.
2. In this case, the driver of the vehicle insured with the third respondent-Sri Ram General Insurance Company Ltd., had driven the vehicle as stated above and the negligence has been fixed on the first respondent at 25% and 75 % on the driver of the lorry insured with the appellant/Oriental Insurance Company Limited.
3. In the accident, the first respondent/claimant sustained head injury and a fracture over his left and first shoulder and also sustained blood injuries all over the body. To prove the injuries the accident register has been marked as Ex.P7. The injury sustained by the claimant as stated above has been proved by Ex.P7- a copy of the Accident Register Book and because of the injuries and therefore, the Tribunal found that the first respondent would take a treatment at least for three months and awarded a sum of Rs.18,000/- (Rupees Eighteen Thousand only) by taking Rs.6,000/- as monthly income as he was working as a Driver as proved by Ex.P8- a Copy of Driving Licence. The said determination cannot be found fault with.
4. A sum of Rs.2,000/-(Rupees Two Thousand only) was awarded by the Tribunal towards transportation and Rs.3,000/-(Rupees Three Thousand only) towards extra nourishment is very low and the same is enhanced to Rs.10,000/- (Rupees Ten Thousand only) and Rs.15,000/-(Rupees Fifteen Thousand only) respectively. A sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards pain and sufferings awarded by the Tribunal cannot be found fault with.
5. The rate of interest at 7.5% per annum awarded by the Tribunal remains unaltered.
6. Therefore, the award amount of Rs.48,000/- (Rupees Forty Eight Thousand only) is enhanced to Rs.68,000/-(Rupees Sixty Eight 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.
7. The first respondent/claimant is entitled to Rs.68,000/-(Rupees Sixty Eight Thousand only). Both the appellant-The Oriental Insurance Company and the third respondent-Shriram Insurance Company, Rajasthan, are directed to deposit the entire award amount along with interest and costs to the credit of M.C.O.P.No.96 of 2012 on the file of the Motor Accident Claims Tribunal -cum- Second Additional District Court, Thoothukudi, in the ratio of 75% : 25%, less the amount deposited already, if any, before the Tribunal within a period of six weeks from the date of receipt of a copy of this order.
8. On such deposit, the Tribunal shall transfer the award amount to the personal Savings Bank Account Number of the first respondent, through RTGS/NEFT system within a period of two weeks thereafter. The respondent/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.
9. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected M.P.(MD) No.1 of 2013 is also closed.
To
1.The Motor Accidents Claims Tribunal-
cum- Second Additional District Judge, Thoothukudi.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..