This Civil Miscellaneous Appeal has been filed by the appellant/claimant as against the award, dated 07.07.2006 passed in MCOP.No.29 of 2006 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur.
2. The case of the claimant in the petition is briefly as follows: On 13.01.2005 at about 12.45 p.m. the injured Subramaniam was riding his bicycle, on Pothur Main Road, near Mettutheru M.G.R. Statue; at that time, a lorry bearing registration No.TN 27 W 4423, belonging to the first respondent and insured with the second respondent / second respondent, was driven by its Driver in a rash and negligent manner and dashed behind the bicycle, thereby the appellant got multiple injuries. Hence, he filed a claim petition before the Tribunal claiming a sum of Rs.5,00,000/- as compensation.
3.The second respondent insurance company filed its counter before the Tribunal and denied the manner of accident, age and income of the injured, nature of injuries sustained and the medical expenses incurred by the claimant and hence, prayed for dismissal of the claim petition.
4.Before the Tribunal, on the side of the claimant, P.Ws.1 to 3 were examined and Exs.P1 to P12 were marked. On the side of the respondents, no witness was examined and no document was marked.
5.On a careful consideration of the evidences on record, the learned Tribunal has awarded a sum of Rs.1,58,000/- as compensation with interest at the rate of 7.5% per annum. Not satisfied with the quantum of award, the appeal has been filed by the appellant/claimant.
6.The learned Counsel for the appellant submitted that the Tribunal has erred in not awarding the sum as claimed, without considering the evidence of PW.3 that the appellant had suffered 50% permanent disability. The learned Tribunal erred in disallowing major portion of the claim under the medical bills Ex.A.8 by merely stating that the Doctor has not explained the same without taking into account the evidence of the Doctor. Further it is submitted by the learned counsel for the appellant that the tribunal has erred in fixing the disability at 45% without any discussion especially when an expert has given categorical evidence that the disability at 50%. The Tibunal ought to have awarded future medical expenses, considering the surgery the petitioner underwent and in view of the fact that steel plate was fixed in the Knee. The Tribunal ought to have fixed the income of the Appellant at Rs.3,000/- per month, when the minimum wages for an agricultural coolie would around Rs.3,000/-, but the Tribunal has fixed monthly income at Rs.2,000/- per month and since the appellant had sustained permanent total disability, the Tribunal should have adopted multiplier method to calculate the loss of income and hence, prayed for enhancement of compensation.
7.The learned Counsel for the 2nd respondent/ insurance company denied the contentions raised by the learned counsel for the appellant and submitted that the Tribunal has awarded a just and reasonable compensation and prayed for dismissal of this Civil Miscellaneous Appeal.
8.From the perusal of records, it is seen that the Doctor has not given any reason for arriving at 50% disability, but he has deposed in his cross examination, the claimant is suffering with pain while doing any work, but he can do the work with little difficulty. Apart from that from the perusal of records, it is seen that the claimant in M.C.O.P., was aged about 61 years and working as agricultural coolie, at the time of the accident. Considering his age and also the agricultural coolie work is a seasonal work, the Tribunal has awarded Rs.2,000/- per month for loss of income, during the treatment. But considering the age of the deceased (i.e) 61 years, there cannot any future loss of income.
9.Considering the above facts and circumstances, this court is of the view that the compensation of Rs.45,000/- awarded for permanent disability and Rs.4,000/- towards Loss of income during treatment period are reasonable and the same are confirmed. The compensation of Rs.25,000/- towards future loss of income, is set aside.
10.The Tribunal has awarded a sum of Rs. 4,000/- towards transportation, Rs.5,000/- towards Nutrition, Rs.15,000/- towards pain and sufferings, Rs.60,000/- towards medical expenses and the same are enhanced to Rs.10,000/-, Rs.10,000/-, Rs.25,000/-, Rs.88,000/-, in total Rs.1,82,000/-. The rate of interest awarded by the Tribunal is hereby confirmed.
11.In the result, the Civil Miscellaneous Appeal is partly allowed. The award of the Tribunal is enhanced to Rs.1,82,000/- from Rs.1,58,000/- along with interest at the rate of 7.5% per annum. The second respondent / Insurance Company is directed to deposit the entire award amount as awarded by this Court with interest at the rate of 7.5% per annum, from the date of M.C.O.P., till the date of realization with costs of M.C.O.P., within a period of six weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the second appellant / wife of the deceased appellant and the third appellant / widowed daughter of the deceased appellant are permitted to withdraw Rs.50,000/- each and the appellants 4 to 7 are permitted to withdraw Rs.20,500/- each, after filing formal petition before the Tribunal. No costs.
To,
1.The Motor Accident Claims Tribunal, The Chief Judicial Magistrate, Karur.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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