This civil miscellaneous appeal is directed against the judgment and decree dated 01.09.2003 made in M.C.O.P.No.661 of 2000 on the file of the Motor Accidents Claims Tribunal, (Additional District Judge/Fast Track Court No.V), Coimbatore at Tiruppur.
2. The brief facts of the case is as follows:-
On 22.5.2000 at about 12.00 hours, while the claimant was riding his scooter bearing Registration No. TN 41-Y 1260, the car bearing Registration No.TN 39-A 0007 came in a rash and negligent manner and dashed the claimant, due to which, the claimant was throw away and he sustained grievous injuries and fracture in the right leg, right hand and multiple abrasions all over the body. Immediately, he was taken to the hospital. Hence, the injured filed a claim petition claiming a sum of Rs.10,00,000/- as compensation.
3. The Tribunal, after considering the evidence adduced by both parties, finally awarded a sum of Rs.8,91,255/- as compensation and directed the appellant/Insurance Company to deposit the said compensation amount along with interest at the rate of 9% per annum from the date of petition till the date of deposit. Aggrieved by the said award passed by the Tribunal, the present appeal is preferred by the appellant/Insurance Company.
4. The learned counsel for the appellant/Insurance Company would mainly contend that the Tribunal while considering the evidence on the side of the appellant and also considering the facts and circumstances of the case, erroneously awarded a sum of Rs.7,20,000/- towards permanent disability.
5. The learned counsel for the appellant/Insurance Company would further contend that the Tribunal without any evidence has taken into account that the claimant was running a provision shop and from which, he earned a sum of Rs.5,000/-. Hence, the learned counsel prayed that the award passed by the Tribunal has to be set aside and the appeal has to be allowed.
6. The learned counsel appearing for the first respondent/claimants would contend that the Tribunal, after considering the entire evidence and facts and circumstances of the case, awarded appropriate compensation and there is no illegality or infirmity in the award passed by the Tribunal and hence, he prayed that the award passed by the Tribunal has to be confirmed and the appeal has to be dismissed.
7. This Court heard the submissions made by the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent and perused the entire records.
8. On perusal of the award of the Tribunal, it is seen that the Tribunal, after considering the oral and documentary evidence adduced on either side, correctly fixed the monthly income of the first respondent/claimant and adopted appropriate multiplier for arriving at the compensation towards 80% disability suffered by th claimant. It is further seen that P.W.3, the Doctor examined the first respondent/claimant and issued a Wound Certificate, which is marked as Ex.P.2 and the Disability Certificate, is marked as Ex.P.14. Further, the Tribunal correctly fixed the income of the deceased as Rs.5,000/- per month and right adopted multiplier 15 for arriving at the compensation towards disability at 80%. The amounts awarded by Tribunal under the various heads are as follows:
For disability - Rs.1,70,000/-
For Grievous Injuries - Rs. 5,000/-
Extra Nutrition - Rs. 3,000/-
Medical expenses - Rs.1,63,255/-
Rs.8,91,255/-
9. The trial Court, after considering the entire evidence including the evidence of Doctor and taking into consideration the disability suffered by the first respondent/claimant, arrived at a correct conclusion that the first respondent/claimant has suffered 80% disability and rightly awarded the compensation of Rs.7,20,000/- towards disability suffered by him.
10. Considering the facts and circumstances of the case, the Tribunal awarded just and appropriate compensation to the claimant. Hence, the submissions made by the learned counsel for the appellant that the Tribunal erroneously awarded the amount of Rs.7,20,000/-towards disability and the Tribunal awarded excessive compensation are not at all acceptable and hence, the civil miscellaneous appeal deserves to be dismissed.
11. In the result, the civil miscellaneous appeal is dismissed.
The judgment and decree dated 01.09.2003 passed in M.C.O.P.No.661 of 2000 on the file of the Motor Accidents Claims Tribunal, (Additional District Judge/Fast Track Court No.V), Coimbatore at Tiruppur is confirmed. No costs.
21.03.2017 Internet : Yes cla To The Motor Accidents Claims Tribunal, (Additional District Judge/ Fast Track Court No.V), Coimbatore at Tiruppur.
G.CHOCKALINGAM, J.
cla C.M.A.No.3206 of 2005 21.03.2017 http://www.judis.nic.in