THE HONOURABLE DR.JUSTICE S.VIMALA C.M.A. No.1746 of 2017 (C.M.A. No.SR 48158 of 2016) and C.M.P. No.9458 of 2017 The Managing Director, State Express Transport Corporation Ltd., Chennai – 600 001. … Appellant Versus Mohan Kumar … Respondent PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 28.01.2016 made in M.C.O.P. No.378 of 2015 on the file of the Motor Accident Claims Tribunal, The Special District Judge, Krishnagiri.
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
As against the claim made for a sum of Rs.15,00,000/-, an award has been passed for a sum of Rs.3,52,000/-. Challenging the said award, this appeal has been filed by the transport corporation.
2. The injured Mohan Kumar, aged 25 years, supplying milk to Thirumala Dairy, self employed, earning a sum of Rs.15,000/-p.m., who http://www.judis.nic.in suffered injuries in the accident on 22.11.2009.
3. The claims Tribunal, on a consideration of oral and documentary evidence, especially, the evidence of Doctor (60% disability), has chosen to award Rs.3,52,000/- under the following break up details :-
4. The justifiability of the award is amply clear and that if the discharge summary, as extracted in the claim petition is considered, the details of treatment given would be evident.
5.1 The patient had been admitted on 23.11.2009 and discharged on 01.12.2009 i.e. the period of treatment had been for 9 days. The details of the treatment given reads thus :
“Closed Interlocking Nailing Right Femur and closed http://www.judis.nic.in Ender's Nailing Right Tibia.
Under spinal anaesthesia, patient in supine position, in fracture table, in bilateral boot traction, skin cleaned and draped, through trochameric incision entry made, guide wire inserted and reduced, reaming done upto 11.5 mm. nail size of 10 x 36 mm inserted, fracture reduced, locking done. Wound closed with suction drain”.
In the same fracture table, through parapatellar entry, ender's nail of size 4.5 x 35mm inserted on either side of patella alighed and fracture reduced and AR slab applied.
Treatment with antiobiotics, analgesics, physiotheraphy wound is healing well. Post operative period uneventful
6. The Doctor has chosen to outline the disability for the work :
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1. Unable to do his previous milk business hereafter.
2. Not able to sit, stand or walk freely.
3. Unable to stand for a long time and walk for long distance.
4. Right leg deformed and disfigured.
5. Movements of Right leg is painful and restricted.
6. Strength reduced to a greater extent.
7. Earning power decreased considerably.
8. Feeling tired always.
9. Not able to ride any vehicle thereafter.
10. Social enjoyment and family enjoyment affected.
11. Right leg has become thin compare to left leg.
7. The Doctor has issued disability certificate determining the disability at 60%. Taking the monthly income at Rs.10,000/-, loss of income for 5 months has been determined at Rs.50,000/-.
7.1. Further disablement compensation has been awarded granting the award at Rs.3,000/- per percentage. It is a case where, loss of earning capacity ought to have been determined using the multiplication table, but that has not been done.
8. Under the stated circumstances, the award passed by the Tribunal cannot be said to be excessive.
9. In view of the above, the appeal is dismissed. Consequently, connected miscellaneous petition is also closed. No costs.
13.06.2017 Index : Yes / No Internet : Yes / No.
Speaking / Non speaking vsi2 To
1. The Presiding Officer, Special District Judge, Motor Accident Claims Tribunal, Krishnagiri.
2. The Section Officer, VR Section, http://www.judis.nic.in High Court, Madras.
Dr.S.VIMALA, J.
vsi2 C.M.A.No.1746 of 2017
13.06.2017
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