This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company, as against the award, dated 01.12.2011 passed in MCOP.No.123 of 2006 by the Motor Accident Claims Tribunal (Principal Sub Court Incharge of II Addl. Sub Court), Nagercoil.
2. The case of the claimant in the petition is briefly as follows: On 07.06.2006, the petitioner and one Suyambulingam were travelling in a Hero Honda Splendor motor cycle bearing registration No.TN 74 F1 7754 from his home to Erachakulam and when they reaching at Nagercoil, a Maruthi Zen car bearing registration No.TN 74 F 5311, which was coming from the opposite direction in a rash and negligent manner, dashed against the petitioner's bike they were thrown out and fell down. Due to that, the petitioner and the pillion rider of the bike were sustained injuries. Hence, he filed a petition before the Tribunal claiming a sum of Rs.8,00,000/-.
3. On a careful consideration of the evidence on record, the learned Tribunal has awarded a sum of Rs.6,90,000/- as compensation with interest at the rate of 7.5%. Challenging the said award passed by the Tribunal, the Insurance Company is before this Court.
4.Heard the learned counsel for the petitioner and the learned counsel for the respondents and also perused the materials available on record.
5.The learned counsel for the appellant/Insurance Company would submit that there is a double calculation for the same head i.e. for' loss of earnings' and 'loss of earning power' and that there is no proof how the Tribunal had come to that conclusion. He would also submit that as per Judgement of this Court in R.MAHABOOB ALI v. S.GNANESWARAN reported in 2016(2) TN MAC 519, a sum of Rs.3,000/- should be fixed for 1% of disability, but the Tribunal has awarded a sum of Rs.2,00,000/- for 43% of permanent disability, which is not reasonable and the same may be reduced.
6.Considering the above submission, this court is of the considered view that the compensation awarded for permanent disability can be fixed at Rs.3,000/- per 1% percentage. Hence, the award of the trial Court regarding 43% partial permanent disability at Rs.2,00,000/- is reduced to Rs.1,29,000/- (Rs.3,000/- x 43).
7.The learned counsel for the claimant would submit that the petitioner had taken treatment for 1 + months as inpatient and hence, six months may be treated as the period, for which, he did not work.
8.Considering the above, the monthly income of the claimant is taken as Rs.6,500/- p.m. and for 'for loss of income' for the six months period comes to Rs.6,500/- x 6 = Rs.39,000/-.
9.The Tribunal has awarded a sum of Rs.10,000/-, for 'extra nourishment', which is not reasonable and hence, the same is enhanced to Rs.20,000/-. The Tribunal has awarded a sum of Rs.5,000/- each for 'transportation'; a sum of Rs.2,50,000/- for 'medical expenses'; a sum of Rs.1,00,000/- for 'pain and sufferings', which are reasonable and the same are confirmed. A sum of Rs.30,000/- (Rs.5,000/- x 6) for 'attendant charges' for the treatment period and a sum of Rs.20,000/- for 'future medical expenses' are hereby awarded.
10.The award of the Tribunal is modified as follows:-
Rs.
11.The award of the Tribunal is reduced to Rs.5,93,000/- from Rs.6,90,000/- along with interest at the rate of 7.5%. It is represented that a sum of Rs.5 lakhs has been deposited by the appellant/Insurance Company. The appellant / Insurance Company is directed to deposit the balance amount, less the amount already deposited, with accrued interest at the rate of 7.5% per annum, from the date of petition till the date of realization, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is entitled to withdraw the award amount with proportionate interest and costs, without filing any formal petition before the Court below.
12.In the result, the Civil Miscellaneous appeal is partly allowed. No costs.
To,
1.The Motor Accident Claims Tribunal (Principal Sub Court Incharge of II Addl. Sub Court), Nagercoil.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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