(Prayer: This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 to enhance the compensation amount made in the fair order dated 16.10.2024 made in MCOP No.731 of 2022 on the file of the Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Kirshnagiri, by allowing this Civil Miscellaneous Appeal and thus render justice.)
1. This Civil Miscellaneous Appeal has been filed against the award passed by Motor Vehicle Accident Claims Tribunal, Special Subordinate Court, Kirshnagiri dated 16.10.2024 in MCOP No.731 of 2022 seeking for enhancement of compensation.
2. The case of the claimant is that he was riding a two wheeler on the Uthangarai – Samalpatti road on 03.09.2022 and at about 8.00 p.m, near Veeriampatti Junction road, the offending vehicle, which was also a two wheeler, was driven in a rash and negligent manner and dashed against the two wheeler, in which the claimant was travelling. As a result of which, the claimant fell down and sustained a major crush injury to the right lower limb with grade IIIC open fracture of right proximal tibia with popliteal artery injury. The claimant underwent treatment as an inpatient for nearly 10 days in two spells. An operation was performed, which led to right above knee amputation. An FIR came to be registered in Crime No.400 of 2022 against the rider 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 rider of the offending two wheeler.
4. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.37,21,000/- under the following heads :-
| Sl. No. | Compensation awarded under the head | Amount (in Rs.) |
| 1. | Future loss of earning capacity | Rs.18,14,400/- |
| 2. | Medical expenses | Rs.7,90,000/- |
| 3. | Pain and suffering | Rs.1,50,000/- |
| 4. | Transportation expenses | Rs.15,000/- |
| 5. | Additional Nourishment | Rs.25,000/- |
| 6 | Damages to cloths | Rs.1,600/- |
| 7 | Attender charges | Rs.25,000/- |
| 8 | Loss of amenities | Rs.2,00,000/- |
| 9. | Future medical expenses | Rs.7,00,000/- |
| Total | Rs.37,21,000/- |
6. Heard Mr.S.P.Yuvaraj, learned counsel for appellant and Mrs.R.Sreevidhya, learned counsel for the 2nd respondent.
7. This Court carefully considered the submissions made on the side of the appellant and the materials available on record.
8. This Court also carefully went through the award passed by the Tribunal.
9. In the case in hand, the claimant has sustained grievous injuries resulting in right above knee amputation. The medical board had assessed the disability at 85% under Ex.C1. The Medical Board had observed that the petitioner had pain and deformity in right hip, loss of right lower limb, difficulty in stability component, stumping, scarring, sensation decreased in injured areas. The Tribunal also took into consideration the fact that the claimant had purchased a prosthesis. Accordingly, the Tribunal fixed the functional disability at 50% and applied the multiplier method, while fixing the notional monthly income at Rs.1,44,000/-.
10. In the considered view of this Court, the claimant was aged about 20 years and he had suffered above knee amputation in the right leg, He has to live his life with the help of prosthetic leg. Considering the fact that the accident had taken place in the year 2022, this Court is inclined to fix the notional monthly income at Rs.17,000/- and considering the age of the claimants, 40% can be added towards future prospects. The Tribunal has fixed only 50% towards functional disability and this Court is inclined to fixed 85% towards functional disability based on Ex.C1. Consequently, the compensation under the head of loss of disability is calculated as follows :-
| Monthly Income | : | Rs. 17,000/- |
| (+) 40% future prospects | : | Rs. 6,800/- |
| -------------------------- | ||
| Rs. 23,800/- | ||
| x 12 | ||
| ------------------ | ||
| Annual income | : | Rs. 2,85,600/- |
| Multiplier | : | x 18 |
| ------------------ | ||
| : | Rs.51,40,800/- | |
| ------------------ | ||
| Loss of earning Capacity | = | Rs.51,40,800/- x 85% |
| = | Rs.43,69,680/- | |
12. The Tribunal has fixed a sum of Rs.7,00,000/- towards future medical expenses. This has been done without any supporting material and the prosthetic legs would require maintenance and therefore, this Court is inclined to fix a sum of Rs.1,00,000/- under this head.
13. The compensation fixed under the other heads are just and reasonable and it does not require the interference of this Court.
14. In the light of the above discussion, this Court modifies the compensation in the following manner:
| Sl.No. | Compensation awarded under the head | Amount by the Tribunal (in Rs.) | Amount awarded by this Court (in Rs.) |
| 1. | Future loss of earning capacity | Rs.18,14,400/- | Rs.43,69,680/- |
| 2. | Medical expenses | Rs.7,90,000/- | Rs.7,90,000/- |
| 3. | Pain and suffering | Rs.1,50,000/- | Rs.2,00,000/- |
| 4. | Transportation expenses | Rs.15,000/- | Rs. 25,000/- |
| 5. | Additional Nourishment | Rs.25,000/- | Rs.70,000/- |
| 6 | Damages to cloths | Rs.1,600/- | Rs.1,600/- |
| 7 | Attender charges | Rs.25,000/- | Rs.25,000/- |
| 8 | Loss of amenities | Rs.2,00,000/- | Rs.2,00,000/- |
| 9. | Future medical expenses | Rs.7,00,000/- | Rs.1,00,000/- |
| Total | Rs.37,21,000/- | Rs.57,81,280/- |
16. In the result, the Civil Miscellaneous Appeal is Allowed in the above terms. No costs. Consequently, the connected miscellaneous petition is closed.