The Claimant, Sambath, aged 51 years, Head Constable at the Office of the Superintendent of Police, Villupuram, earning a sum of Rs.9,500/- per month met with an accident on 15.11.2007. He filed a claim petition claiming compensation in a sum of Rs.10,00,000/- before the Motor Accident Claims Tribunal at Cuddalore.
2. The Claims Tribunal, considering the oral and documentary evidence awarded a sum of Rs.2,00,900/- as compensation, the break up of which is as under :-
Medical Bills - Rs.1,05,892/-
Total Rs.2,00,892/-
Challenging the compensation awarded excessive and disproportionate, the Transport Corporation has filed this appeal.
3. The main contention of the learned counsel appearing for the appellant is that the disability fixed at 40% is on the higher side, which needs to be reduced and, consequently, the compensation awarded under the head permanent disablement needs to be reduced. It is further contended that no document has been filed to prove the age and income of the injured and therefore, the compensation awarded has to be scaled down.
4. A perusal of the materials available on record reveals that the claimant has filed Ex.P3 Accident Register copy issued by the Tirukoilur Government Hospital, which shows the injuries sustained by the claimant. According to Dr.Balamurugan, who was examined as P.W.2, the injured had sustained two simple injuries and two injuries, which are grievous in nature. The discharge summary further reveals that the claimant was admitted on 19.11.2007 and discharged only on 18.12.2007. Therefore, for nearly one month the injured has been treated as in-patient in the hospital.
5. The doctor has deposed about the injuries suffered by the claimant and has assessed the disability at 40% . The Tribunal, based on the nature of injuries sustained and the impact of the injuries on the life of the claimant, accepted the disability fixed by the doctor at 40% and adopting percentage method, awarded Rs.2,000/- per percentage of disability and quantified the compensation towards disability at Rs.80,000/-. It is evident from the reasoning given by the Tribunal in the order, that the Tribunal has considered the materials in its proper perspective and has awarded the compensation, which in the considered opinion of this Court is just and reasonable and, accordingly, the same is confirmed.
6. Insofar as the compensation awarded under the other heads are concerned, the Tribunal has awarded a sum of Rs.5,000/- towards pain and suffering; Rs.5,000/- towards extra nourishment and Rs.5,000/- towards incidental and transport expenses. On the basis of the medical bills, which has been marked as Ex.P.5, the Tribunal has awarded a sum of Rs.1,05,892/- towards medical expenses. Thus, in all, the Tribunal has awarded a total compensation of Rs.2,00,892/-, rounded off to Rs.2,00,900/-. On an overall consideration of the nature of injuries sustained by the claimant, the period of hospitalisation, the treatment for the injuries and the impact of the injuries on the future life of the claimant, this Court is of the considered opinion that the amount awarded under the non-pecuniary heads, shown above, cannot be said to be excessive. Rather, the amounts awarded is meagre and conservative.
7. It is further to be pointed out that no compensation has been awarded towards loss of enjoyment of amenities and the Tribunal has not also taken into consideration the promotional aspects, which the claimant would have been deprived of due to the accident. Thus, on an overall consideration of the entire matter, this Court is of the considered view that the compensation awarded cannot be said to be excessive and, accordingly, the same is confirmed.
8. For the reasons aforesaid, there being no merits, this appeal is liable to be dismissed and, accordingly, the same is dismissed. Consequently, connected miscellaneous petition is closed.
9. The appellant/Transport Corporation is directed to deposit the entire award amount, along with interest and costs as quantified by the Tribunal, 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 Tribunal shall transfer the amount directly to the bank account of the claimant through RTGS within a period of two weeks thereafter.
19.06.2017 Index : Yes/No rkp/GLN To
1. Motor Accident Claims Tribunal, II Additional Subordinate Judge, Cuddalore.
2. The Section Officer, VR Section, High Court, Madras.
DR. S.VIMALA, J.
rkp/GLN C.M.A. No.1952 of 2017 19.06.2017