Heard the learned counsel on either side.
2.The appellant / Insurance Company has filed this Civil Miscellaneous Appeal against the impugned award dated 25.08.2015 made in M.C.O.P.No.1099 of 2011 by the Motor Accidents Claims Tribunal (III Additional Subordinate Judge) Tiruchirappalli on the ground of quantum.
3.The injured claimant suffered fracture on his face and also a head injury. He was in-patient for seven days in a hospital. His disability was assessed at 30%. The Tribunal has adopted the multiplier method and awarded compensation at Rs.3,47,000/-.
4.The learned counsel for the appellant would submit that the Tribunal ought not to have adopted the multiplier method for awarding compensation in the absence of evidence to show that the claimant is not able to do any work. The learned counsel would also place relying on a decision Honourable Supreme Court of India in Raj Kumar Vs. Ajay kumar in 2009(2) TNMAC 581(SC). The said contention deserves acceptance. Therefore, the compensation payable to the claimant is modified as follows: S.No Heads Amount in Rupees
1. Disability compensation Rs.90,000/-
2. Loss of income Rs. 10,000/-
3. Attender charges Rs. 5,000/-
4. Pain and sufferings Rs. 50,000/-
5. Medical Treatment Rs. 15,000/-
6. Extra nutrition Rs. 5,000/-
7. Transport Rs. 5,000/-
8. Loss of amenities Rs. 20,000 Total Rs.2,00,000/-
The award of the Tribunal as regards the application of pay and recover principle stands confirmed.
5.The appellant / Insurance Company is directed to deposit the said amount with interest at the rate of 7.5% per annum and costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same by filing proper application before the Tribunal, less the amount already withdrawn by him, if any.
6.This Civil Miscellaneous Appeal is partly allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accidents Claims Tribunal (III Additional Subordinate Judge) Tiruchirappalli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
.