[Judgment of the Court was delivered by K.KALYANASUNDARAM, J] Challenging the award passed in MCOP No.330 of 2012, dated 05.06.2013, by the Motor Accident Claims Tribunal (Additional District Judge, Pudukkottai), the Insurance Company has come forward with the present appeal.
2.The first respondent as claimant filed the claim petition in MCOP No.330 of 2012 before the Motor Accident Claims Tribunal (Additional District Judge), Pudukkottai, claiming compensation of Rs.30,00,000/- for the injuries sustained by him in a motor vehicle accident occurred on 10.04.2009.
3.The briefs of the case are that on 10.04.2009 at about 1.30 p.m, when the first respondent/claimant was riding the motorcycle TN-55-S-3798 on Pudukkottai-Trichy Road near I.T.I Colony, a TATA ACE TN-55-T-1415 coming from the opposite direction, which was driven by its driver in a rash and negligent manner, dashed against the motorcycle. Due to the impact, the claimant sustained multiple grievous injuries and immediately, he took first- aid in Pudukkottai Government Hospital and on the same day, he was admitted in Pandian Advanced Medical Centre at K.K.Nager in Madurai, wherein he took treatment as inpatient from 10.04.2009 to 02.07.2009 and surgery was performed to him thrice. His left leg below the knee was amputated. Subsequently, from 07.07.2009 to 16.09.2009, he was treated as in-patient in C.S.I Mission Hospital at Uraiyur in Trichy, wherein artificial leg was fixed. A criminal case was registered by the Thirugokarnam Police Station in Crime No.199/2009.
4.Before the Tribunal, the claimants have examined six witnesses and marked Exs.P.1 to P.43. On the side of the appellant, no witness was examined and no document was marked.
5.The Tribunal, on proper appreciation of evidence, held that the driver of TATA ACE TN-55-T-1415 was responsible for the accident and awarded compensation of Rs.30,00,000/-.
6.Heard Mr.S.Srinivasa Raghavan, learned counsel appearing for the appellant, Mr.P.Ganapathy Subramaniam, learned counsel appearing for the first respondent and Mr.A.Shajahan, learned counsel appearing for the third respondent and perused the records.
7.The learned counsel appearing for the appellant/Insurance Company would submit that the Tribunal has fixed the monthly income of the deceased at Rs.13,000/- erroneously in the absence of any oral and documentary evidence. He would further submit that the Tribunal has added Rs.5,000/- towards future prospects, which is unsustainable. Further, the learned counsel contended that Rs.27,54,000/- awarded by the tribunal under the head of loss of income is on the higher side and it has to be reduced.
8.On the other hand, Mr.P.Ganapathy Subramaniam, learned counsel appearing for the first respondent/claimant submitted that on the basis of evidence produced by the claimant, the Tribunal has passed the Award and prayed for dismissal of the appeal.
9. In the case on hand, it is evident that from the deposition of the claimant that he sustained multiple fracture injuries and his left leg below the knee was amputated. PW3 Dr.Ravikumar, who issued disability certificate (Ex.P29) gave evidence stating that the claimant has sustained 80% disability. It is not in dispute that at the time of accident, the claimant was pursuing Law Course. P.W.6, Aathapan, the Director of Rose Voluntary Organization gave evidence and produced Ex.P14 salary voucher series to show that the claimant was earning Rs.13,000/- per month. Based on the evidence, a sum of Rs.13,000/- was fixed by the Tribunal under the head of 'loss of income' and another a sum of Rs.5,000/- fixed by the Tribunal under the head of loss of future prospects. Considering the evidence, it would be appropriate to fix Rs.13,000/- including the income on future prospects. In that view, loss of income of the claimant comes to Rs.19,89,000/- (Rs.13000 x 12 x 17 x 75/100). The award of Rs.1,50,000/- towards pain and suffering is on the higher side, so it is reduced to Rs.1,00,000/-. The Tribunal has not awarded any amount for Extra nourishment, hence, this Court awards Rs.25,000/-. The award of the tribunal Rs.5,55,213/- for medical expenses; Rs.25,000/- towards loss of amenities and Rs.25,000/- for loss of expectation of life are confirmed.
10 .In the result, the appeal is partly allowed. The claimant is entitled to Rs.27,19,213/- with interest at the rate of 7.5% per annum. The appellant/Insurance Company is directed to deposit the modified award amount, less already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such compliance, the claimant is permitted to withdraw the same, less already withdrawn, if any. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accident Claims Tribunal, (Additional District Judge, Pudukkottai).
2.VR Section, Madurai Bench of Madras High Court, Madurai.
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