CDJ Law Journals

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated 23.10.2021 on the file of the Motor Accident Claims Tribunal (Special Sub Court No.I), Jayankondam in MCOP No.24 of 2019 (Sub Court. Jayakondam in MCOP No.35 of 2018))

1. The unsuccessful claimant has preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.

2. According to the claimant, on 07.02.2018, the claimant was travelling in the tractor bearing Registration No. TN 61 B 3521 and the same was driven by one Muthamizh Prabakaran. When the tractor was proceeding towards Virudhachalam road from north to south direction, when he nearing Kolathur Kaikaati near Gokul Restaurant, at that time, a lorry bearing Registration No. TN 28 AR 0591 came in the same direction with loading sugarcane and the driver of the said lorry driven the same in a rash and negligent manner and dashed on the right side of the tractor, as a result of which, the claimant sustained injuries all over his body. According to the claimant, the accident had occurred only due to rash and negligent act of the first respondent's driver therein and the vehicle was insured with the second respondent therein and the third respondent is the owner of the lorry and they are jointly and severally liable to pay compensation to the claimant.

3. The respondents 1 & 3 therein were called absent and they were set ex parte.

4. The second respondent therein has filed a counter statement denying the manner of the accident and the accident was not occurred due to rash and negligent act of the lorry of the first respondent. The claim petition is liable to be dismissed for non-joinder of necessary parties namely the owner of the tractor bearing Registration No. TN 61 B 3521 and its Insurance Company.

5. Before the Tribunal, on behalf of the claimant, the claimant was examined himself as PW1, one Dr.Parthiban was examined as PW2 and Ex.P1 to Ex.P18 were marked. On behalf of the respondents RW1 was examined and Ex.R1 to Ex.R4 were marked.

6. Upon appreciation of evidence adduced on either side, the Tribunal came to a conclusion that the accident had occurred only to due to rash and negligent act of the first respondent. PW2/Doctor, who treated the claimant had assessed the disability of the claimant at 70% permanent disability. The claimant also appeared before the Medical Board, Thanjavur and the Medical Board assessed the disability of the claimant at 60% permanent disability. Considering the fact that at the time of accident the claimant was aged about 22 years and he was a diploma in civil engineering and earning a sum of Rs.40,000/- per month, but the Tribunal has fixed a sum of Rs.10,000/- as monthly income of the claimant. Considering the nature of injuries sustained by the claimant, the Tribunal adopted multiplier method and awarded compensation of Rs.18,14,400/- under the head loss of earning capacity and also awarded compensation under various heads as hereunder:

S.No	Heads	Amount awarded by the Tribunal
1	Loss of earning capacity	18,14,400/-
2.	Medical bills	100,500/-
3.	Pain and sufferings	75,000/-
4.	Loss of marital status	75,000/-
5.	Extra nourishment	25,000/-
6.	Attender charges	18,000/-
7.	Transportation expenses	10,500/-
8.	Damages to clothes	1,500/-
Total		Rs.21,19,900/-

Aggrieved over the same, the claimant has preferred this present appeal seeking for enhancement of compensation.

7. The learned counsel for the appellant / claimant would submit that the accident took place in the year 2018 and at the time of accident, the claimant was aged about 22 years and he was a diploma in civil engineering. Without considering the same, the Tribunal fixed a sum of Rs.10,000/- as monthly income of the claimant is very meagre and the same is to be enhanced. The Tribunal ought to have fixed a sum of Rs.15,000/- as notional income of the claimant. The Tribunal, without considering the nature of injuries sustained and the treatment period as inpatient in the hospital by the claimant, erred in awarding a sum of Rs.75,000/- under the head pain and sufferings which is also very meagre and the same is to be enhanced. The amount awarded by the Tribunal under other heads also appears to be meagre and hence prayed to enhance the compensation.

8. Per contra learned counsel for the second respondent / Insurance Company would submit that in the absence of proof of the income of the claimant and also considering the fact that the claimant was aged 22 years at the time of accident, the Tribunal has rightly fixed a sum of Rs.10,000/- as notional income of the claimant. The Tribunal, considering the nature of injuries sustained by the claimant, adopted multiplier method and awarded compensation under the head loss of earning capacity, which is proper and reasonable. The amount awarded by the Tribunal under other heads appears to be reasonable and does not requires any interference.

9. Heard learned counsel for the appellant, learned counsel for the second respondent and perusal the materials available on record.

10. There is no dispute with regard to the manner of accident and the negligence fixed on the part of the driver of the offending vehicle. The only grievance of the claimant is that the notional income of the claimant is very meagre and the same is to be enhanced. It is relevant to note that the accident took place on 07.02.2018, at the time of accident the claimant was aged about 22 years and he was holder of diploma in civil engineering. The Tribunal, considering the evidence of PW2 / Doctor who treated the claimant and assessed the disability of the claimant at 70% permanent disability, but the Medical Board assessed the disability of the claimant at 60% of permanent disability and considering the injuries sustained by the claimant i.e amputation in right leg below knee, has rightly adopted multiplier method for awarding compensation under the head permanent disability. It is relevant to note that at the time of accident the claimant was aged about 22 years and the accident took place in the year 2018, this Court is inclined to fix a sum of Rs. 14,000/- as notional monthly income of the claimant and by applying ratio laid down by the Hon'ble Apex Court in National Insurance Company Ltd vs Pranay Sethi and others reported in 2017 (2) TNMAC 609 (SC) 40% future prospects has to be added. Considering the age of the claimant, the Tribunal rightly applied multiplier '18'. The amount awarded by the Tribunal under the head permanent disability is modified as :

Calculation :

                   Notional income - Rs.14,000/-

                   Future prospects - 40 %

                   (14,000/- + 40% = Rs.19,600/-)

                   19,600/- x 12 x 18 x 60% = Rs.25,40,160/-

11. It is seen from the records that the claimant has took treatment at Thanjavur Meenakshi Mission Hospital as inpatient for 30 days. The amount awarded by the Tribunal under the head pain and sufferings appears to be meagre and this Court is inclined to grant a sum of Rs.1,00,000/- towards pain and sufferings. The amount awarded by the Tribunal under the head extra nourishment appears to be meagre and this Court inclined to grant a sum of Rs.50,000/- towards extra nourishment. The amount awarded by the Tribunal under the head attender charges appears to be meagre and this Court is inclined to grant a sum of Rs.40,000/- towards attender charges. The amount awarded by the Tribunal under the head transportation expenses appears to be meagre and this Court inclined to grant a sum of Rs.25,000/- towards transportation expenses. The amount awarded by the Tribunal under the head loss of marriage prospects appears to be meagre and this Court inclined to grant a sum of Rs.1,50,000/- towards loss of marriage prospects. The compensation awarded by the Tribunal under medical expenses and damages to clothes are proper and reasonable.

12. The following tabular column would show the modified amount awarded by this Court under various heads:

S.No	Heads	Amount awarded by the Tribunal
1.	Loss of earning capacity	25,40,160/-
2.	Medical bills	100,500/-
3.	Pain and sufferings	1,00,000/-
4.	Loss of marriage prospects	1,50,000/-
5.	Extra nourishment	50,000/-
6.	Attender charges	40,000/-
7.	Transportation expenses	25,000/-
8.	Damages to clothes	1,500/-
Total		Rs.30,07,160/-

Thus, the compensation awarded by the Tribunal is enhanced to Rs.30,07,160/-. This amount shall carry interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit.

13. In the result,

                   i. The Civil Miscellaneous Appeal is partly allowed. No costs.

                   ii. The compensation awarded by the Tribunal is enhanced to Rs.30,07,160/-

                   iii. The appellant / claimant is directed to pay the court fee for the enhanced compensation amount, if any, and the Registry is directed to draft the decree only after the receipt of Court fee.

                   iv. The second respondent, the United India Insurance Company Limited, Cuddalore, is directed to deposit the enhanced compensation amount of Rs.30,07,160/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP No.24 of 2019 on the file of the Motor Accident Claims Tribunal (Special Sub Court No.I), Jayankondam (Sub Court. Jayakondam in MCOP No.35 of 2018)

v. On such deposit being made, the appellant / claimant is at liberty to withdraw the same on filing appropriate application before the Tribunal.

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