This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the Judgment and Decree, dated 03.02.2004 made in M.C.O.P.No.176 of 2003 on the file of the Motor Accident Claims Tribunal (Principal Sub Court), Kumbakonam.
2.The appellant/claimant has filed the claim petition seeking for compensation of Rs.5,00,000/- for the accident occurred on 09.02.2002. When the appellant/claimant, on 09.02.2002 at about 7.00 a.m., was riding his TVS- 50 Moped bearing Registration No.TN-49-W-5512 from Sakkottai to Kumbakonam in a normal speed. He was riding his moped from southern direction to northern direction on the western side of the Kumbakonam- Needamangalam main road in Sakkottai. When the petitioner was nearing Modern Rice Mill, a Ambassador car bearing Registration No.TN-49-W-4818 was coming from opposite direction i.e from the northern direction to southern direction in a rash and negligent manner and hit against the petitioner. The petitioner was thrown away from the TVS-50 and fell down on the road and sustained injuries on his right leg and ankle and fracture on his fibula. Immediately he was rushed to Government Hospital, Kumbakonam.
3.The second respondent/Insurance Company had filed the counter- affidavit denying the averments and had submitted that the appellant/claimant alone is responsible for the accident and he only drove the vehicle in a rash and negligent manner and caused the accident and the Insurance Company is not liable to pay any compensation to the appellant/claimant.
4.Before the Tribunal, the appellant/claimant examined himself as P.W.1 and Doctor Rathinasabapathi was examined as P.W.2 and marked 8 documents as Ex.P.1 to Ex.P.8. Viz., First Information Report marked as Ex.P.1, Vehicle Inspection report as Ex.P.2, Accident Register as Ex.P.3, Fine receipt as Ex.P.4, Copy of Insurance as Ex.P.5, Disability Certificate as Ex.P.6, X- rays as Ex.P.7 and Case Sheet as Ex.P.8 respectively. On the side of the respondents, neither any witness was examined nor any document was marked to prove their contention.
5.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the learned counsel appearing on either side and also appreciating the evidence on record, has awarded a sum of Rs.31,000/- as compensation to the appellant/claimant.
6.Aggrieved by the quantum of compensation, the appellant/claimant has filed the present Civil Miscellaneous Appeal.
6(A).Heard the learned counsel appearing on both sides and perused the materials available on record.
7. The learned counsel for the appellant submitted that the appellant/claimant was aged about 33 years at the time of accident. Due to the accident, the appellant/claimant is unable to stand and walk, as, before the accident and he is unable to climb the stairs and unable to ride his cycle or motor cycle. His regular work is totally affected. Th learned counsel further submitted that the above accident was took place due to the rash and negligent driving of the car driver only and hence, the learned counsel for the appellant/claimant needs interference of this Court on the award passed by the Tribunal and seeks enhancement of compensation.
8.The learned counsel for the second respondent/Insurance Company would submit that based on the available oral and documentary evidences, the Tribunal has rightly come to the conclusion and arrived at correct compensation under various heads and hence, it does not require any interference at the hands of this Court.
9. On perusal of records, it is seen that as per P.W.1's evidence, his claim has been supported by the First Information Report (Ex.P.2) which reveals that the car driver has accepted the mistake committed by him and had paid the fine amount before the Magistrate Court, which was marked as Exhibit P.4. Therefore, the Tribunal had come to the conclusion that the accident occurred only due to negligence act of the driver of the first respondent. P.W.2-Doctor's evidence, reveals that the Appellant/claimant sustained injuries on his right leg and ankle and fracture on his fibula and also he has certified 30% disability. The P.W.2 had produced various documents, viz., Ex.P6-disability Certificate; Ex.P7-X ray and Ex.P8-Case Sheet, which also proves the same.
10.The Tribunal has not awarded any amount for disability by giving a finding that no other document was produced by the injured-P.W.1 for the period of treatment undergone except the doctor's disability certificate. Considering the disability of 30% as per the doctor's certificate and evidence, this Court is inclined to grant a sum of Rs.2000/- for 1% disability. Hence, a sum of Rs.60,000/-(Rs.2000/-x30%) is awarded for 30% disability sustained by the appellant/claimant. The Tribunal has not awarded any amount towards attendant charges, this Court is inclined to grant a sum of Rs.5000/- towards attendant charges. This Court is inclined to enhance the amount from Rs.500/- to Rs.3,500/- towards extra nourishment and from Rs.500 to Rs.2500/- towards transportation respectively.
11. In view of the above, this Court modifies the award of the Tribunal by enhancing the compensation as under:
S.
No Description Amount awarded by the Tribunal Rs.
Amount awarded by this Court Rs.
Award confirmed or enhanced or granted 1 For permanent disability 30%
---
60,000/-
granted
2. For pain and sufferings 30,000/-
30,000/-
confirmed 2 For Attendant Charges
---
5,000/-
granted
3. For Extra nourishment 500/-
3,500/-
enhanced
5. For Transportation 500/-
2,500/-
enhanced.
Total Rs.31,000/-
Rs.1,01,000/-
Enhanced by a sum of Rs.70,000/-
12.In the result, this Civil Miscellaneous Appeal is partly allowed by enhancing the compensation from Rs.31,000/- to Rs.1,01,000/-, dated 03.02.2004 made in M.C.O.P.No.176 of 2003 on the file of the Motor Accident Claims Tribunal (Principal Sub Court), Kumbakonam. The second respondent/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the appellant/claimant is permitted to withdraw the entire award amount, with accrued interests and costs after filing formal petition before the Tribunal. No costs.
To
1.The Motor Accident Claims Tribunal (Principal Sub Court), Kumbakonam.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.