THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.564 of 2017 and C.M.P.No.3364 of 2017 The Managing Director, Tamil Nadu State Transport Corporation Ltd.
Bharathipuram, Dharmapuri. ... Appellant / Respondent versus S.Srinivasan ... Respondent / Claimant
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 22.03.2007 made in M.C.O.P.No.1311 of 2006 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate-II), Krishnagiri.
For Appellant : Mr.D.Venkatachalam For Respondent : Steps not taken JUDGMENT The injured claimant, S.Srinivasan, aged about 38 years, working as an Agent with United India Insurance Co., earning a sum of Rs.20,000/- per month, met with an accident on 09.06.2006 in which he sustained injuries. Therefore, the claimant preferred a claim petition before the Motor Accident Claims Tribunal Chief Judicial Magistrate-II), Krishnagiri, claiming compensation in a sum of Rs.10,00,000/-.
2. The Tribunal, on consideration of the oral and documentary evidence, awarded a sum of Rs.6,55,728/- as compensation along with interest at 7.5% p.a. from the date of petition till the date of deposit, the break-up details of which are as under:
Total - Rs.6,55,728/-
Challenging the compensation awarded as excessive, the appellant/Transport Corporation has filed this Civil Miscellaneous Appeal.
3. The learned counsel appearing for the Transport Corporation submitted that the compensation awarded by the Tribunal is excessive and disproportionate and the Tribunal ought to have adopted the multiplier of '15' instead of '16'.
4. Heard the learned counsel appearing for the appellant and perused the materials available on record as also the order passed by the Tribunal.
5. A perusal of the records reveal that the Tribunal, fixing the age of the injured at 38 years, taking into consideration the injuries sustained by the claimant, fixed the monthly income, on the basis of the available records at Rs.7,300/=. The Tribunal adopted a multiplier of 16 and accordingly quantified the compensation payable under the head loss of earnings at Rs.5,60,640/- (Rs.7,300/- x 12 x 16 x 40%).
6. It is the contention of the learned counsel for the appellant that the correct multiplier to be adopted is 15 and not 16. Though the said contention deserves to be acceptable, however, a further perusal of the compensation awarded under various heads reveal that under many of the heads the compensation awarded is on the lower side. Towards pain and suffering, the Tribunal has awarded only a sum of Rs.8,000/- and similarly under the head extra nourishment, a sum of Rs.8,000/- alone has been awarded as compensation. A sum of Rs.200/- alone has been awarded towards damage to clothes. Under the above heads, this Court feels that compensation needs to be enhanced. However, this Court is not increasing the compensation awarded under the heads of pain and suffering, extra nourishment and damage to clothing, as the excess amount awarded under the head loss of earning by adoption of wrong multiplier would offset the amount that needs to be enhanced under the above three heads. Accordingly, the compensation awarded by the Tribunal under the heads loss of earnings, pain and suffering, extra nourishment and damage to clothes are confirmed. This Court further finds that the amount of Rs.7,000/- awarded under the head transport expenses and the amount of compensation to the tune of Rs.71,888/- awarded towards medical expenses, as per Ex.P9-Bills, are justifiable and adequate and, therefore, requires no interference at the hands of this Court. Accordingly, the total compensation quantified by the Tribunal at Rs.6,55,728/- is confirmed.
7. In view of the aforesaid findings, the award passed by the Tribunal cannot be said to be excessive and unreasonable and, therefore, this appeal is liable to be dismissed.
8. In the result, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 22.03.2007, passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate No.II), Krishnagiri, in M.C.O.P.No.1311 of 2006. Consequently, connected miscellaneous petition is closed.
9. The appellant/Transport Corporation is directed to deposit the entire award amount, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, less the amount, if any, already deposited, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the claimant is permitted to withdraw the amount on filing necessary and proper application.
15.02.2017
Index : Yes / No Internet : Yes / No ogy/GLN To 1. The Motor Accident Claims Tribunal (Chief Judicial Magistrate-II), Krishnagiri.
Dr.S.VIMALA, J.
ogy/GLN C.M.A.No.564 of 2017
15.02.2017