(Judgment of this court was made by K.KALYANASUNDARAM, J.) These appeals have been preferred by the Insurance company as well as the claimants challenging the common award passed by the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli, in MCOP Nos.37, 38, 963 and 964/2013.
C.M.A(MD).Nos.222 of 2015 and 1334 of 2016:-
2.C.M.A(MD)Nos.222 of 2015 and 1334 of 2016 have been filed against the award passed in MCOP No.37 of 2013. The case of the claimants is that on 30.10.2010, the claimants were travelling in the Tavera Car TN-74-R-5994 on Nagercoil?Tirunelveli National Highways, from South to North direction and when they were proceeding near Thiagaraja Nagar Branch Road, a Trailer lorry TN-51-B-3396 came from a Branch Road and suddenly entered into the National Highways without noticing the Tavera Car. In that process, the Tavera Car dashed against the lorry and the passengers of Tavera Car sustained injuries. It is alleged that the accident occurred only due to the rash and negligent driving of the driver of the Trailer lorry.
3.The claimant petitions were opposed by the owner of the lorry, who was impleaded as first respondent and the insurer of the lorry, who was added as second respondent and the owner and the insurer of the Tavera Car, who were impleaded as respondent 3 and 4.
4.The claim petitions were resisted by the appellant Insurance Company by filing a counter contending that the accident took place only due to the negligence of the driver of the Car and in the road of National Highways, the lorry driver, after giving signal, had taken the vehicle to the service road. The driver of the car, who came in a rash and negligent manner hit against the diesel tank of the lorry. It is further stated that the car has a capacity of having 6 persons only, but, at the time of accident, 8 persons were travelled in the car. So, they are not liable to pay compensation to the claimants.
5.In order to prove the negligence, the injured claimants gave evidence as PW1, PW3, PW5 and PW6 and they also produced Ex.P1 First Information Report, Ex.P2 copy of the Charge Sheet, Ex.P5 Observation Mahazar and Ex.P6 Sketch. On the side of the Insurance company, the driver of the Trailer lorry was not examined. They only examined the Sub Inspector of Police as RW1. After considering the evidences produced by the parties, the Tribunal came to the conclusion that the accident was due to the negligence of the driver of the Trailer lorry.
6.As regards quantum, CMA(MD)No.222 of 2015 has been filed by the Insurance company as against the award passed in MCOP No.37 of 2013, whereas CMA(MD)No.1334 of 2016 has been filed by the claimant seeking enhancement of compensation.
7.The claimant in MCOPNo.37 of 2013 gave evidence as PW1 and he has stated that he was 33 years old at the time of accident and he suffered permanent disability. PW5 Dr.Mohammed Subair has stated before the Tribunal that he examined the claimant and found fracture on the left side ribs 4 and 5 and also injury on the face and after seeing the case records Ex.P45 X-Ray, he assessed the permanent disability at 25% and issued Ex.P44 disability certificate.
8.The Tribunal following the decision reported in 2013 (2) TNMAC 583 (National Insurance Company Limited, Vs. G.Ramesh and another), assessed the loss of permanent disability at Rs.75,000/- by awarding Rs.3,000/- per percentage. Ex.P7 Discharge summary certificate reveals that he took treatment as inpatient from 30.10.2010 to 05.11.2010. On the basis of the evidence, the tribunal has awarded Rs.75,000/- for permanent disability; Rs.13,500/- towards loss of income; Rs.3,000/- towards transport expenses; Rs.7,000/- for extra nourishment; Rs.3,000/- for attendant charges; on the basis of Ex.P9, Ex.P10 and Ex.P12 Rs.23,850/- towards medical expenses; Rs.15,000/- for loss of pain and sufferings and Rs.15,000/- towards loss of amenities. The Tribunal totally awarded a sum of Rs.1,55,350/-. This court is of the considered view that it would be appropriate to enhance the loss of income during the treatment period. By doing so, the loss of income Rs.13,500/- is enhanced to Rs.15,000/-; transport expenses of Rs.3,000/- is increased to Rs.5,000/-; attendant charges increased to 10,000/- as against Rs.3,000/- and pain and sufferings is increased from Rs.15,000/- to Rs.25,000/-. In total, the claimant would be entitled to Rs.1,74,850/- with interest @ 7.5% p.a.
9.In the result, CMA(MD)No.222 of 2015 filed by the Insurance Company is dismissed and CM(MD)No.1334 of 2016 filed by the claimant is partly allowed. The award passed in MCOP No.37 of 2013 is modified into Rs.1,74,850/- as against Rs.1,58,850/-. No costs. Connected Miscellaneous Petition is closed.
CMA(MD)Nos.223 of 2015 and 1335 of 2016:-
10.CMA(MD)Nos.223 of 2015 and 1335 of 2016 have been filed against the award passed in MCOP No.38 of 2013. The injured/claimant in MCOP No.38 of 2013 was a retired teacher aged about 65 years. He was examined himself as PW2 and narrated in his evidence about the injuries sustained by him. PW5 Doctor deposed that the claimant sustained fracture on ribs and he sustained 55% permanent disability. Ex.P47 is the X-Ray. PW5 Doctor issued disability certificate Ex.P46 stating that the injured suffering from 55% permanent disability.
11.In this case, the Tribunal has applied Rs.2,000/- per percentage and awarded a sum of Rs.1,10,000/- towards permanent disability. A perusal of Ex.P13 shows that the claimant was inpatient in the hospital from 30.10.2010 to 21.11.2010 and he had spent Rs.1,85,980/- towards medical expenses, which is evident from Exs.P14 to Ex.P23.
12.The Tribunal has awarded Rs.5,000/- towards transportation charges; Rs.15,000/- towards extra nourishment; Rs.5,000/- towards attendant charges; Rs.30,000/- for pain and sufferings and Rs.25,000/- for loss of amenities. The Tribunal has totally awarded a sum of Rs.3,75,980/-.
13.As held in the decision reported in 2013(2) TN MAC 583, this Court has awarded Rs.3,000/- per percentage of disability. The Tribunal, while determining the compensation, for other claimants has awarded Rs.3,000/- per percentage, but in this case, the tribunal has awarded only Rs.2,000/- per percentage. So, this Court applies Rs.3,000/- per percentage and awards Rs.1,65,000/- towards permanent disability and the award of Rs.5,000/- for attendant charges is enhanced to Rs.10,000/-. In other aspect, the award of the Tribunal is confirmed. In total, the claimant would be entitled to Rs.4,35,980/- together with interest @ 7.5% p.a..
14.In the result, CMA(MD)No.223 of 2015 filed by the Insurance Company is dismissed and CMA(MD)No.1335 of 2016 filed by the claimant is partly allowed. The award passed in MCOP No.38 of 2013 is modified into Rs.4,35,980/- as against Rs.3,75,980/-. No cost. Consequently, connected Miscellaneous Petition is closed.
C.M.A(MD)Nos.224 of 2015 and 1336 of 2016:-
15.CMA(MD)No.224 of 2015 has been filed by the Insurance Company against the award passed in MCOP No.963 of 2013, whereas CMA(MD)No.1336 of 2016 is filed by the claimant seeking enhancement of compensation.
16.The claimant Praburam was 38 years on the date of accident. A perusal of Ex.P26 Wound Certificate shows that he had grievous injuries and fracture. PW5 Doctor has given evidence stating that the injured has sustained fracture in the spinal cord and he assessed disability at 48% based on the case sheet and Ex-49 X-Ray. The Disability Certificate was marked as Ex.P48. It is seen that the Tribunal has awarded Rs.1,20,000/- for permanent disability by awarding Rs.3,000/- per percentage. An award of Rs.13,500/- for loss of income during the period of treatment is increased to Rs.15,000/-, transport expenses from Rs.3,000/- to Rs.5,000/- and attendant charges is enhanced to Rs.10,000/- from Rs.3,000/-. The award of the tribunal other heads is confirmed. In total, the claimant is entitled to Rs.2,25,710/- together with interest @ 7.5% p.a.
17.In the result, CMA(MD)No.224 of 2015 filed by the Insurance Company is dismissed and CMA(MD)No.1336 of 2016 filed by the claimant is partly allowed. The award passed in MCOP No.963 of 2013 is modified into Rs.2,25,710/- as against Rs.2,14,210/-. No costs. Consequently, connected Miscellaneous Petition is closed.
CMA(MD)Nos.225 of 2015 and 1337 of 2016 :-
18.CMA(MD)Nos.225 of 2015 has been filed by the Insurance Company against the award passed in MCOP No.964 of 2013, whereas CMA(MD)No.1337 of 2016 has been preferred by the claimant seeking enhancement of compensation.
19.The claimants Deepa Rani was aged about 27 years and she suffered with 60% disability. The claimant was working as an Assistant Engineer in Public Works Department in the State of Kerala and her salary was Rs.40,000/- per month. Ex.P40 is the Appointment Order. PW5 Doctor has stated that the claimant has sustained fracture in the spinal cord and the disability was 60%. Ex.P50 is the disability certificate and Ex.P51 is the X-Ray. The claimant was admitted in the hospital on 30.10.2010 and was discharged only on 07.11.2010. Ex.P32 is the Discharge certificate. Due to the absence of duty, she was placed under suspension for 179 days and she has joined duty on 31.10.2011 under Ex.P40. A perusal of Exs.P38, P39 and P41 shows that the claimant had spent an amount of Rs.82,453/- towards medical expenses. On proper appreciation of the evidence, the Tribunal came to the conclusion that the injured has sustained 60% permanent disability and awarded a sum of Rs.1,80,000/- towards the permanent disability, Rs.5,000/- for transportation charges, Rs.15,000/- for extra nourishment, Rs.5,000/- for attendant charges, Rs.82,450/- for medical expenses, Rs.40,000/- for pain and sufferings and Rs.30,000/- for loss of amenities and in total, the tribunal has awarded Rs.3,57,450/-.
20.Considering the nature of injuries and the period of treatment, the transport expenses is increased from Rs.5,000/- to Rs.15,000/-, the attendant charges from Rs.5,000/- to Rs.25,000/-. The Tribunal has failed to award compensation for loss of income during the treatment period. So, this Court awarded Rs.30,000/- towards loss of income during the period of treatment. The award of the tribunal under other heads is confirmed. In total, the claimant is entitled to Rs.4,17,450/- together with interest @ 7.5% p.a.
21.In the result, CMA(MD)No.225 of 2015 filed by the Insurance Company is dismissed and CMA(MD)No.1337 of 2016 filed by the claimant is partly allowed. The award passed in MCOP No.964 of 2013 is modified into Rs.4,17,450/- as against Rs.3,57,450/-. No costs. Consequently, connected Miscellaneous Petition is closed.
22.It is made clear that the Insurance Company in all cases is directed to deposit the modified award amount with modified interest @ 7.5% p.a., less the amount already deposited within a period of eight weeks from the date of receipt of a copy of this Judgment. On such compliance, the claimants are permitted to withdraw the entire amount with accrued interest and costs, less the amount already withdrawn. The excess amount, if any, shall be refunded to the Insurance Company.
To The Motor Accident Claims Tribunal, (The Special Sub Court), Tirunelveli.
.