This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award of the Motor Accident Claims Tribunal (Sub-Court) Paramakudi passed in M.C.O.P.No.109 of 2006, dated 25.06.2008.
2. It is a case of injury sustained by the injured in an accident, which took place on 20.02.2006 at about 11.25 p.m., at Madurai to Mandapam National Highway, near Venkateswara Bakery.
3. It is the case of the claimant before the Tribunal that on the date of accident, when the injured was going in his bicycle in the above said road, the Mahendra Van bearing Registration No.TN 59 D 9900, which came in a rash and negligent manner, dashed against the bicycle and caused the accident and in the said accident, the injured sustained grievous injuries.
4.The claimant filed an application in M.C.O.P.No.109 of 2006, on the file of the Motor Accident Claims Tribunal (Sub-Court) Paramakudi, seeking compensation.
5.Before the Tribunal, the claimant examined four witnesses as P.Ws.1 to 4 and marked Thirty documents as Ex.P.1 to Ex.P.30. The respondents examined one witness as R.W.1 and no documentary evidence was marked on their side.
6.The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments advanced on either side and also appreciating the evidences on record, held that the accident occurred only due to the rash and negligent driving of the driver of the Mahendra Van, belonging to the first respondent and insured with the second respondent and therefore, held that the respondents 1 and 2 are jointly or severally liable to pay compensation of Rs.3,93,600/-.
7. Against which, the appellant/claimant filed this present appeal seeking enhancement of compensation.
8. The learned counsel for the appellant/claimant would submit that the victim sustained injuries and he was treated by P.W.4-Doctor. The Doctor had issued the Disability Certificate under Ex.P22 assessing the total permanent disability at 56%. But, the Tribunal awarded a sum of Rs.56,000/- towards permanent 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, but the Tribunal had awarded only a sum of Rs.1000/- for disability of 1%.
9.Considering the above submission, this Court fixes a sum of Rs.3,000/- (Rupees Three Thousand Only) for 1% disability and awards an amount of Rs.1,68,000/- (Rupees One Lakh and Sixty Eight Thousand Only), towards permanent disability.
10. Further, the sum of Rs.20,000/- (Rupees Twenty Thousand only) awarded by the Tribunal towards pain and sufferings, is on the lower side and therefore, the same is enhanced to a sum of Rs.1,00,000/- (Rupees One Lakh only).
11. Further, the sum of Rs.2,000/- (Rupees Two Thousand only) awarded by the Tribunal towards Transportation, is on the lower side and therefore, the same is enhanced to a sum of Rs.10,000/- (Rupees Ten Thousand only).
12. Further, the sum of Rs.2,000/- (Rupees Two 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.10,000/- (Rupees Ten Thousand only) and the other heads are confirmed.
13. 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 permanent disability(56%) 56,000 1,68,000 enhanced
2. For pain and sufferings 20,000 1,00,000 enhanced
3. For Extra Nourishment 2,000 10,000 enhanced
4. For Transportation 2,000 10,000 enhanced
5. For attendant charges 2,000 2,000 confirmed
6. For medical expenses 3,11,600 3,11,600 confirmed Total Rs.3,93,600 Rs.6,01,600 By enhancing a sum of Rs.2,08,000/-
14. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.3,93,600/- (Rupees Three Lakhs Ninety Three Thousand and Six Hundred only) to a sum of Rs.6,01,600/- (Rupees Six Lakhs One Thousand and Six Hundred 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 of Rs.6,01,600/- (Rupees Six Lakhs One Thousand and Six Hundred 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.
To, 1 The Motor Accident Claims Tribunal (Sub-Court) Paramakudi.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. .