(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 19.12.2023 in the above MCOP No.31 of 2020 on the file of Motor Accident claims Tribunal, Additional Sub Judge, Namakkal.)
1. This appeal has been filed challenging the Award passed by the MACT, Additional Sub Judge, Namakkal in MCOP No.31 of 2020 dated 19.12.2023, wherein, the claimant is seeking for enhancement of compensation.
2. The case of the claimant is that on 02.06.2020, when he was travelling in the two wheeler at Senthamangalam-Rasipuram road, at about 10.15 a.m., the offending vehicle which was a car was driven in a rash and negligent manner and it dashed on the two wheeler. As a result of which, the claimant sustained crush injury on the right leg resulting in amputation above the knee and the claimant also sustained other injuries all over the body. It is under these circumstances, the claim petition came to be filed before the Tribunal.
3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the offending vehicle.
4. Having rendered the above finding, the Tribunal fixed the total compensation of Rs.40,43,718/- under various heads as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Permanent Disability | 28,56,000 |
| Pain and sufferings | 85,000 |
| Transportation Charges | 15,000 |
| Extra Nourishment | 20,000 |
| Medical Expenses | 10,49,718 |
| Attender Charges | 18,000 |
| Total | 40,43,718 |
6. Aggrieved by the same, the claimant has filed the present appeal before this Court seeking for enhancement of compensation.
7. Heard the learned counsel for the appellant and the learned counsel appearing on behalf of the respondents.
8. The main ground that was urged by the learned counsel for the appellant is that the Tribunal failed to consider the evidence of PW2 and EX.P17 which clearly established that the claimant was earning a monthly salary of Rs.27,000/-. Whereas, the Tribunal fixed the notional monthly income only at Rs.10,000/-. It is further submitted that the compensation fixed by the Tribunal under the other heads are also on the lower side and it requires enhancement. The learned counsel further submitted that the claimant had undergone amputation above the knee in the right leg and the appellant has fixed artificial limb which requires maintenance in future. But however, the Tribunal has not fixed any compensation towards future medical expenses.
9. Per contra, the learned counsel for the Insurance Company submitted that, as per the claim petition, the claimant came up with a case that he is self employed and whereas, during the course of trial, the claimant introduced PW2 and EX.P17 which were marked on objections. The learned counsel submitted that in the absence of any valid proof of income, the Tribunal was right in fixing the notional monthly income. The learned counsel further submitted that the compensation that has been fixed under the other heads are reasonable and it does not require the interference of this Court.
10. This Court has carefully considered the submissions made on either side and also the materials available on record, and this Court has gone through the Award passed by the Tribunal.
11. In the case in hand, the accident had taken place in the year 2020 and whereas, the Tribunal had fixed the notional monthly income at Rs.10,000/-. Even if the evidence of PW2 and EX.P17 is disregarded, the notional monthly income fixed by the Tribunal is on the lower side. In view of the same, this Court is inclined to enhance the notional monthly income to Rs.20,000/- per month.
12. In the light of the above findings, the compensation under the head of disability is calculated as Rs.20,000 x 17 x 12 x 100% = 40,80,000/-.
13. Considering the nature of injury sustained by the appellant and the treatment undergone, this Court is inclined to enhance the compensation under the head of Pain and Suffering to Rs.1,00,000/-, Transportation Expenses to Rs.25,000/-, Extra Nourishment to Rs.1,00,000/- and Attender charges to Rs.50,000/-. An artificial limb is now used by the appellant and it will require future maintenance and replacement. Therefore, this Court is inclined to fix a sum of Rs.75,000/- towards future medical expenses.
14. In the light of the above discussion, this Court is inclined to modify the compensation as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Permanent Disability | 40,80,000 |
| Pain and sufferings | 1,00,000 |
| Transportation Charges | 25,000 |
| Extra Nourishment | 1,00,000 |
| Medical Expenses | 10,49,718 |
| Attender Charges | 50,000 |
| Future Medical Expenses | 75,000 |
| Total | 54,79,718 |
16. This Civil Miscellaneous Appeal is Partly Allowed in the above terms. No Costs.