(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Decree and Judgment dated 27.04.2017 made in MCOP No.4363 of 2014, on the file of the IV Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai.
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Decree and Judgment dated 27.04.2017 made in MCOP No.4363 of 2014, on the file of the IV Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai.)
1. These appeals have been filed by the Insurance Company and the claimant against the Award passed by the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai in MCOP No.4363 of 2014 dated 27.04.2017.
2. The appellant in CMA No.2200 of 2017 is the claimant. The case of the claimant is that on 25.04.2014, the claimant was riding a two wheeler at Gokulapuram Hall Mark Main Road and at about 8 a.m., the offending vehicle which was a Swaraj Mazda van was driven in a rash and negligent and it came in the opposite direction and it dashed on the two wheeler. As a result of which, the claimant sustained grievous injuries. He was treated as an inpatient from 25.04.2014 to 03.05.2014 and he suffered traumatic below knee amputation on the right leg. An FIR came to be registered in Crime No.315 of 2014 against the driver of the offending vehicle. 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 driver of the offending vehicle.
4. Having rendered the above finding, the Tribunal fixed the total compensation at Rs.14,41,933/- (rounded off to Rs.14,42,000/-) under various heads as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Functional Disability | 11,66,400 |
| Pain and Sufferings | 1,00,000 |
| Extra Nourishment | 25,000 |
| Transport to Hospital | 15,000 |
| Damages to clothes | 1,000 |
| Attender Charges | 1,800 |
| Medical Expenses | 62,483 |
| Future Medical Expenses | 5,000 |
| Loss of Income | 40,250 |
| Loss of Amenities | 25,000 |
| Total | 14,41,933 |
| Rounded Off | 14,42,000 |
6. Aggrieved by the same, the Insurance Company has filed CMA No.3077 of 2017 both on the ground of negligence as well as on the quantum of compensation that has been fixed by the Tribunal under various heads.
7. The claimant has filed CMA No.2200 of 2017 seeking for enhancement of compensation.
8. Heard the learned counsel for the appellant and the learned counsel appearing on behalf of the 1st respondent.
9. This Court has carefully considered the submissions made on either side and the materials available on record and also carefully gone through the Award passed by the Tribunal.
10. Insofar as the issue of negligence is concerned, the Tribunal took into consideration the evidence of PW1 and also the FIR that was marked as EX.P1 and the Charge Sheet that was marked as EX.P10 and in the absence of any contra evidence, the Tribunal came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. This finding rendered by the Tribunal does not suffer from any perversity warranting interference of this Court.
11. Insofar as the quantum of compensation is concerned, the Tribunal took into consideration the Disability Certificate that was marked as EX.P11, wherein the disability was assessed at 70% as partial and permanent in nature. The Tribunal also considered the fact that the claimant had suffered a below knee amputation on the right leg and rightly applied the multiplier method.
12. The grievance expressed on the side of the claimant is that the Tribunal had fixed only a sum of Rs.8,100/- as the monthly income. In the considered view of this Court, the Tribunal had taken into consideration the Salary Certificate that was marked as EX.P6 which itself establishes that the gross pay was Rs.8,050/-. Hence, the Tribunal fixed the monthly income at Rs.8,100/-. This finding is based on the Salary Certificate that was marked on the side of the claimant. Therefore, no grievance can be expressed on the side of the claimant regarding the monthly income fixed by the Tribunal.
13. The learned counsel appearing for the Insurance Company submitted that the Tribunal went wrong in adding 50% towards future prospects. Considering the nature of injuries and the employment of the claimant, this Court does not want to interfere on the 50% future prospects that was fixed by the Tribunal.
14. In the light of the above finding, the compensation that was fixed by the Tribunal under the head of functional disability is sustained.
15. The Tribunal has fixed only a sum of Rs.62,483/- towards medical expenses. This Court carefully went through Ex.P5 series, it is seen that all the medical bills are original and it works out to Rs.4,66,783/-. Hence, the entire medical bills will have to be taken into consideration and medical expenses is fixed at Rs.4,66,783/-.
16. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.
17. In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Functional Disability | 11,66,400 |
| Pain and Sufferings | 1,00,000 |
| Extra Nourishment | 25,000 |
| Transport to Hospital | 15,000 |
| Damages to clothes | 1,000 |
| Attender Charges | 1,800 |
| Medical Expenses | 4,66,783 |
| Future Medical Expenses | 5,000 |
| Loss of Income | 40,250 |
| Loss of Amenities | 25,000 |
| Total | 18,46,233 |
19. In the result, the appeal filed by the Insurance Company in CMA No.3077 of 2017 is dismissed and the appeal filed by the claimant in CMA No.2200 of 2017, is partly allowed. No Costs. Consequently, the connected miscellaneous petition is closed.