The Civil Miscellaneous Appeal has been filed against the order and decree passed in M.C.O.P.No.371 of 2013 dated 14.08.2014 on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Thoothukudi.
2. The brief facts of the case are as follows: It is a case of injury in which the accident took place on 18.09.2011. When the petitioner along with his friend and his relatives, was travelling in a car bearing Registration No.TN-69-AB-6737 belonging to the first respondent and insured with the second respondent and when the car was nearing Kovilankulam junction, a bullock suddenly crossed the road and in order to avoid the hit by the car, the driver of the car applied brake, turned towards left, lost control and due to which the car capsized. As a result of which the petitioner sustained several grievous injuries and he was admitted in Government Hospital. Hence, the petitioner filed an application in M.C.O.P.No.371 of 2013 dated 14.08.2014 on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Thoothukudi, seeking compensation of Rs.15,00,000/- for the injuries sustained by him during the said accident.
3.Before the Tribunal, on the side of the claimant/petitioner, four witnesses viz., P.W.1 to P.W.4 were examined and fourteen documents viz., Exs.P.1 to P.14 were marked and on the side of the respondents neither any witness was examined nor any document was marked.
4.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel for the appellant and claimant 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 offending vehicle and directed the second respondent Insurance Company to pay a sum of Rs.2,02,567/- to the claimant.
5. Against which, the appellant/claimant filed the present appeal for enhancement of compensation.
6. The learned counsel appearing for the appellant/ claimant would submit that the Tribunal awarded very meagre amount for 62% disability and the award amounts under other heads are also very meagre. Hence, he prays for enhancement of compensation.
7. The learned Counsel for the second respondent Insurance Company would submit that based on the oral and documentary evidences, the Tribunal has correctly come to the conclusion and awarded just and reasonable compensation and hence, the award passed by the Tribunal deserves no interference and hence, this appeal has to be dismissed.
8. Heard the learned counsel appearing on both sides and perused the materials available on record.
9. A perusal of the award passed by the Tribunal, it is seen that for 62% disability, the Tribunal has awarded a sum of Rs.2,000/- for each percentage of disability, which is in the considered opinion of this Court, very meagre. Relying upon the judgment of this Court in National Insurance Company Limited v. G.Ramesh and another reported in 2013 (2) TN MAC 583, this Court is inclined to grant a sum of Rs.3,000/- (Rupees Three Thousand only) for 1% disability. Hence, a sum of Rs.1,86,000/- (Rs.3000/-x62%) is awarded for 62% disability sustained by the injured claimant. Insofar as the medical bills are concerned, though the claimant has produced the medical bills to a sum of Rs.4,12,129/-, the Tribunal has taken a sum of Rs.2,52,935/- as correct medical bills and no reason has been stated by the Tribunal for disproving the other bills to a sum of Rs.1,59,194/-. The Tribunal has also deducted a sum of Rs.2,09,368/- out of Rs.2,52,935/- and arrived at a sum of Rs.43,567/- towards medical bills, since the sum of Rs.2,09,368/- has already been paid to the claimant/appellant towards medical reimbursement. (Rs.2,52,935/- - Rs.2,09,368/- = Rs.43,567/-). In the considered opinion of this Court, the Tribunal ought to have considered the entire medical bills. Therefore, the balance medical bills amount of Rs.1,59,194/- has to be granted to the claimant. Therefore, the amount awarded by the Tribunal towards medical bills is hereby enhanced to a sum of Rs.2,02,761/-(Rs.43,567/- + Rs.1,59,194/- =Rs.2,02,761/-). The amount granted by the Tribunal for transportation and extra nourishment is hereby confirmed. The award amounts awarded by the Tribunal under other heads are also very meagre. Considering the pain and sufferings undergone by the claimant, since he suffered with 62% disability, the amount awarded by the Tribunal is very low, hence this Court is inclined to enhance the same to a sum of Rs.1,00,000/- Considering the period of treatment taken by the claimant, this Court is inclined to enhance the amount to a sum of Rs.25,000/- and Rs.10,000/- towards transportation and extra nourishment respectively. Likewise, the Tribunal has not awarded any amount towards attendant charges. Considering the period of treatment taken by the claimant, a sum of Rs.20,000/- was granted towards attendant charges. The Tribunal has also not granted any amount towards future medical expenses. Considering the nature of disability, this Court is inclined to grant a sum of Rs.10,000/- towards future medical expenses.
10. 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 62% 1,24,000 1,86,000 Enhanced by a sum of Rs.62,000/-
For pain and suffering 25,000 1,00,000 Enhanced by a sum of Rs.75,000
3. For Medical Bills 43,567 2,02,761 enhanced by a sum of Rs.1,59,194/-
4. For future medical expenses
---
10,000 granted
5. For Transport charges 5,000 25,000 Enhanced by a sum of Rs.20,000
6. For Extra nourishment 5,000 10,000 Enhanced by a sum of Rs.5,000
7. For attendant charges
---
20,000 granted Total Rs.2,02,567 Rs.5,53,761/-
Enhanced by a sum of Rs.3,51,194
12. In the result, the Civil Miscellaneous Appeal is partly allowed by enhancing the compensation from Rs.2,02,567/- to Rs.5,53,761/-. 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 without filing any formal petition before the Tribunal. No Costs.
To
1.The Motor Accident Claims Tribunal/ 1st Additional District Court, Thoothukudi.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.