This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award dated 09.10.2012 passed in M.C.O.P.No.140 of 2010 by the Motor Accident Claims Tribunal - cum - Sub Judge, Pudukkottai.
2. Nutshell facts necessary for the disposal of this appeal, are as follows:
2.1. On 29.04.2010 at about 07.45 a.m., the appellant/claimant, namely, Ramaiah, aged 25 years, working as Crane Operator in Singapore, was riding his Hero Honda motorcycle bearing Registration No.TN-55-U-8626 from Thanjavur to Pudukkottai and at that time, a TATA ACE bearing Registration No.TN-55-L- 4585 belonging to the first respondent insured with the second respondent was driven by its driver in a rash and negligent manner from the opposite direction and dashed against the appellant/claimant near Mulloor Bazaar bus stop, due to which, the appellant/claimant sustained multiple injuries all over the body. Immediately, the appellant/claimant was admitted in Pudukkottai Government Hospital and on that day itself, he was admitted in Meenakshi Mission Hospital, Madurai, for further treatment and he took treatment as inpatient till 13.05.2010. Therefore, the claim petition was filed claiming a sum of Rs.10,00,000/- (Rupees Ten Lakhs only).
2.2. The first respondent/owner of the offending vehicle remained exparte before the Tribunal. However, the second respondent-Insurance Company filed the counter statement denying all the averments stated in the claim petition and prayed for the dismissal of the claim petition.
2.3. Before the Tribunal, on the side of the appellant/claimant, he examined himself as P.W.1 and P.W.2 and P.W.3 were also examined and Exs.P.1 to P.19 were marked. On behalf of the respondents, neither oral nor documentary evidence was let in.
2.4. On contest, the Tribunal, considering the pleadings, oral and documentary evidence let in on either side, found that the accident occurred only due to the rash and negligent driving of the driver of the first respondent/owner of the offending vehicle and fastened the liability on the second respondent-Insurance Company and awarded a sum of Rs.2,19,500/- (Rupees Two Lakhs Nineteen Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
2.5. Aggrieved over the quantum of compensation, the appellant/claimant has filed the present appeal.
3. Heard the learned Counsel for the appellant/claimant and perused the materials available on record. Despite notice served on the respondents, there is no representation on behalf of them either in person or through Counsel.
4. The Tribunal, based on the pleadings, oral and documentary evidence, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the first respondent/owner of the offending vehicle as the respondents themselves did not deny the manner of the accident and hence, the said finding of the Tribunal based on evidence, cannot be interfered with.
5. It is seen that in the accident, the appellant-claimant sustained permanent disability at 30% as per Exs.P.15 and P.16 - Disability Certificate and X-ray respectively. However, the Tribunal took only a sum of Rs.2,000/- (Rupees Two Thousand only) for 1% permanent disability and this Court is of the view that a sum of Rs.3,000/- (Rupees Three Thousand only) should be taken for 1% permanent disability as per the judgments of the Honourable Supreme Court and this Court. Accordingly, the appellant-claimant is entitled to a sum of Rs.90,000/- (Rupees Ninety Thousand only) [Rs.3,000/- X 30%] towards partial permanent disability.
6. Further, the Tribunal awarded only a sum of Rs.10,000/- (Rupees Ten Thousand only) towards pain and sufferings and hence, a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) is awarded by this Court under the said head.
7. Similarly, a sum of Rs.5,000/- (Rupees Five Thousand only) was awarded towards extra nourishment and the same is very meagre and therefore, a sum of Rs.10,000/- (Rupees Ten Thousand only) is awarded by this Court.
8. A sum of Rs.5,000/- (Rupees Five Thousand only) was awarded by the Tribunal towards transportation charges, which is reasonable and therefore, the same is confirmed.
9. The Tribunal, based on Exs.P.8 - [Rs.75,658/-] P.18 - [Rs.2,800/-], awarded a sum of Rs.78,500/- (Rupees Seventy Eight Thousand and Five Hundred only) and the same is also confirmed.
10. A sum of Rs.40,000/- (Rupees Forty Thousand only) was awarded by the Tribunal towards future medical expenses considering the partial permanent disability sustained by the appellant/claimant and hence, this Court confirms the same.
11. Similarly, a sum of Rs.21,000/- (Rupees Twenty One Thousand only) was awarded by the Tribunal towards damage to vehicle based on Ex.P.12, which is also reasonable and therefore, the same is confirmed.
12. No amount was awarded by the Tribunal towards attendant's charges and taking into consideration the period during which the appellant/claimant took treatment as inpatient, this Court awards a sum of Rs.5,000/- (Rupees Five Thousand only) under the said head.
13. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
14. Accordingly, the appellant/claimant is entitled to a sum of Rs.2,74,500/- (Rupees Two Lakhs Seventy Four Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
15. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.2,19,500/- (Rupees Two Lakhs Nineteen Thousand and Five Hundred only) to a sum of Rs.2,74,500/- (Rupees Two Lakhs Seventy Four Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(ii) The appellant-claimant is directed to submit his Savings Bank Account Detail along with the copy of his passbook to the Tribunal forthwith;
(iii) The second respondent-Insurance Company is directed to deposit the entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.No.37 of 2012 on the file of the Motor Accident Claims Tribunal - cum - Sub Court, Pudukkottai, within a period of eight weeks from the date of receipt of a copy of this judgment;
(iv) The appellant-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; and
(v) On payment of such additional Court Fees, if any, by the appellant/claimant, the Tribunal is directed to transfer the entire award amount along with accrued interest and costs directly to the Personal Savings Bank Account Number of the appellant-claimant, through RTGS/NEFT system, after getting his Account Details, within a period of two weeks thereafter;
(vi) In the facts and circumstances of the case, there shall be no order as to costs.
To
1.The Motor Accident Claims Tribunal - cum ?
Sub Judge, Pudukkottai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..