This Civil Miscellaneous Appeal has been filed by the appellant- claimant against the award of Rs.50,000/- (Rupees Fifty Thousand only) for the injuries sustained by the appellant-claimant, aged 42 years, working as Union Councillor, Ilayankudi Union; President, Panaikulam Co-op Bank; Secretary, Ilayankudi Agricultural Union and an agriculturalist, allegedly earning a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to Rs.3,00,000/- (Rupees Three Lakhs only) per annum, in the accident occurred on 21.06.1998, when he was travelling in the auto-rickhaw bearing Registration No.TN-57-A-8440 belonging to the first respondent from Dindigul Bus Stand to Silapadi Ground, the driver of the first respondent drove the auto-ricksha in a rash and negligent manner and dashed behind a stationed bus and caused the accident. Therefore, the claim petition is filed.
2. On contest, the Tribunal, based on the evidence of P.W.1 and filing of Ex.P.1 ? F.I.R against the driver of the first respondent, found that the accident occurred only due to the rash and negligent driving of the driver of the offending vehicle belonging to the first respondent and insured with the second respondent-Insurance Company and fastened the liability on the second respondent-Insurance Company to pay the compensation and awarded a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the appellant/claimant. Aggrieved over the quantum of compensation, the appellant/ claimant filed the present appeal.
3. During the pendency of the appeal, the sole appellant/ claimant passed away and his legal representatives, namely, the appellants 2 and 3 have been brought on record vide order of this Court, dated 26.04.2013, made in M.P(MD)No.1 of 20008 in C.M.A(MD)No.78 of 2006.
4. Heard Mr.K.R.Laxman, learned Counsel for the appellants 2 and 3/LRs., of the deceased sole appellant/claimant and Mr.A.S.Mathialagan, learned Counsel for the second respondent-Insurance Company.
5. The first respondent/owner of the offending vehicle remained exparte before the Tribunal and hence, notice to the first respondent is dispensed with, in view of the Full Bench judgment of Madhya Pradesh High Court in Mrs.Jamunabai v. Chhote Singh reported in I (2004) ACC 190 (FB).
6. The Tribunal, based on the evidence of P.W.1/ appellant/ claimant (since deceased) and filing of Ex.P.1 - F.I.R against the driver of the first respondent and in the absence of any contra evidence to disprove the claim of the appellant/claimant (since deceased), rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the first respondent and therefore, fastened the liability on the second respondent-Insurance Company. Hence, the said finding based on evidence cannot be interfered with.
7. It is seen that in the accident, the appellant/claimant (since deceased) sustained permanent disability at 35% as per Exs.P.14 and P.15 - Disability Certificate and X-ray respectively. However, the Tribunal awarded only a sum of Rs.20,000/- (Rupees Twenty Thousand only), which, in the opinion of this Court, is very meagre and the accident occurred on 21.06.1998 and at that relevant point of time, a sum of Rs.1,000/- (Rupees One Thousand only) was awarded towards 1% disability and accordingly, this Court awards a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) towards 35% permanent disability [Rs.1,000/- X 35%].
8. A sum of Rs.5,000/- (Rupees One Thousand only) alone was awarded by the Tribunal towards pain and sufferings, which is on the lower side and therefore, this Court enhances the same to a sum of Rs.10,000/- (Rupees Ten Thousand only).
9. The Tribunal awarded only a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards medical expenses. However, this Court, considering the documentary evidence in the form of medical bills marked as Exs.P.6 [Rs.30,096.05] and P.9 [Rs.32,218.45], awards a sum of Rs.62,314.50 (Rupees Sixty Two Thousand Three Hundred and Fourteen and Paise Fifty only) towards medical expenses.
10. Further, the Tribunal awarded a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges; extra nourishment and other expenses and the same is confirmed.
11. The rate of interest awarded by the Tribunal at 9% per annum is on the higher side and hence, the same is reduced to 7.5% per annum.
12. Accordingly, the appellant-claimant (since deceased) is entitled to a sum of Rs.1,12,314.50 (Rupees One Lakh Twelve Thousand Three Hundred and Fourteen and Paise Fifty only) and rounded off to a sum of Rs.1,12,500/- (Rupees One Lakh Twelve Thousand and Five 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.
13. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.50,000/- (Rupees Fifty Thousand only) to Rs.1,12,500/- (Rupees One Lakh Twelve Thousand and Five 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 appellants 2 and 3/LRs., of the deceased sole appellant/claimant are entitled to above compensation amount along with accrued interest and costs at the ratio of 60 : 40 and both of them are directed to submit the details of their Savings Bank Accounts along with the copy of their passbooks to the Tribunal forthwith;
(iii) The second respondent-Insurance Company is directed to deposit the entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.No.6 of 1999 on the file of the Motor Accident Claims Tribunal - cum ? Subordinate Court, Sivagangai. within a period of eight weeks from the date of receipt of a copy of this judgment;
(iv) On such deposit, the Tribunal is directed to transfer the entire award amount along with accrued interest and costs directly to the Personal Savings Bank Account Numbers of the appellants 2 and 3/LRs., of the deceased sole appellant/claimant, through RTGS/ NEFT system, after getting their Account Details, within a period of two weeks thereafter;
(v) The appellants 2 and 3/LRs., of the deceased sole appellant/claimant are directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy of this judgment; and
(vi) In the facts and circumstances of the case, there shall be no order as to costs.
To
1.The Motor Accident Claims Tribunal - cum ?
Subordinate Court, Sivagangai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..