This Civil Miscellaneous Appeal has been filed by the appellant against the Judgment and decree dated 06.09.2013 made in M.C.O.P.No.632 of 2006 on the file of the Motor Accidents Claims Tribunal /(learned Principal Subordinate Judge), Madurai.
2. It is a case of injury sustained by the appellant/claimant, in an accident, which took place on 03.12.2005 at about 08.15 a.m. near Thuvariman Society Chamber in Madurai-Melakkal Main Road.
3. It is the case of the injured/claimant before the Tribunal that when the claimant was travelling, in the cabin of the Tempo Mini Auto bearing Registration No.TN-58-M-1984. The driver of the vehicle drove the auto in a rash and negligent manner at a high speed and ultimately the auto capsized. Due to this impact, the petitioner sustained grievous injuries as well as fractures.
4.The claimant filed an application in M.C.O.P.No.632 of 2006 on the file of the Motor Accidents Claims Tribunal /(learned Principal Subordinate Judge), Madurai, seeking compensation.
5.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the auto and therefore directed the second respondent/Insurance Company to pay a sum of Rs.1,08,029/-, as compensation.
6. Against which, the appellant/claimant filed this present appeal seeking enhancement of compensation.
7.The learned counsel for the appellant/claimant would submit that the victim sustained injuries and she was treated by P.W.10-Doctor. The Doctor had issued the Disability Certificate under Ex.P31 assessing the partial disability at 46%. But, the Tribunal has awarded Rs.1,500/- for 1% aggregating to Rs.69,000/- for disability. The learned counsel for the appellant relied on the Judgment rendered in P.Elangovan vs. S.Murali and two others reported in 2017 (1) TN MAC 251, wherein it has been held that a sum of Rs.3,000/- should be fixed for 1% disability.
8.Considering the above submission, this Court fixes a sum of Rs.3,000/- (Rupees Three Thousand Only) for 1% disability and awards a rounded of amount of Rs.1,38,000/- (Rupees One Lakh and Thirty Eight Thousand Only), towards partial permanent disability.
9. Further, the sum of Rs.5,000/- (Rupees Five Thousand only) awarded by the Tribunal towards extra nourishment, is on the lower side and therefore, the same is enhanced to a sum of Rs.15,000/- (Rupees Fifteen Thousand only).
10. Similarly, the Tribunal has awarded a sum of Rs.20,000/- towards pain and sufferings, which is on the lower side and therefore, the same is hereby enhanced to Rs.40,000/- and a sum of Rs.2,000/- awarded towards transportation is also enhanced to Rs.10,000/- (Rupees Ten Thousand only). In all other aspects, the award of the Tribunal is confirmed.
11. In view of the settled position of law, this Court modifies the award of the Tribunal by enhancing the compensation, as under:- S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted
1. For partial permanent disability(46%) 69,000 1,38,000 enhanced
2. For pain and sufferings 20,000 40,000 enhanced
3. For Extra Nourishment 5,000 15,000 enhanced
4. For transportation 2,000 10,000 enhanced
5. For loss of income during treatment period 10,000 10,000 confirmed
6. For medical expenses 2,029 2,029 confirmed Total Rs.1,08,029 Rs.2,15,029 By enhancing a sum of Rs.1,07,000/-
12. In the result,
(i) This Civil Miscellaneous Appeal is allowed, enhancing the award of the Tribunal from Rs.1,08,029/- (Rupees One Lakh Eight Thousand and Twenty Nine Only ) to a sum of Rs.2,15,029/- (Rupees Two Lakhs Fifteen Thousand and Twenty Nine 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 second respondent/Insurance Company is directed to deposit the entire award amount Rs.2,15,029/- (Rupees Two Lakhs Fifteen Thousand and Twenty Nine only) with accrued interests and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellant/claimant is permitted to withdraw the entire award amount, with accrued interests and costs, without filing any formal application before the Tribunal. No Costs. Consequently, connected Miscellaneous Petition is closed.
(iii)The appellant/claimant is directed to pay the additional Court fee, if any, within a period of two weeks from the date of receipt of a copy of this order.
To,
1.The Principal Subordinate Judge, Motor Accidents Claims Tribunal, Madurai.
2.The Branch Manager, M/s. Bajaj Allianz General Insurance Company Ltd., K.M.A.Complex,12-G, Ramnagar, Bye-pass Road, Madurai.
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.