- (1.) THE appeal is preferred by the appellant-THE New India Assurance Company Limited against the award dated 12.06.2006 in M.A.C.T.O.P.No.373/2005 on the file of the Motor Accidents Claims Tribunal, Principal Sub- Judge, Gobi.
(2.) BACKGROUND facts in nutshell are as follows: The respondent/claimant met with motor vehicle accident that took place on 07.04.2005 at about 9.00 a.m. The respondent/claimant drove his Avanthi Moped bearing Registration No.TN-33 Z 2805 on the left side of Erode Sathy Main Road near Amala School Bus stop at Gobichettipalayam. At that time, the second respondent drove his Motor cycle bearing Registration No.R.J.20 6M 6747 Hero Honda Motor Cycle in a rash and negligent manner and dashed against the injured. Due to the impact, the respondent/claimant sustained grievous injuries. The claimant was immediately admitted in Government Hospital, Gobichettipalayam and referred to the Coimbatore Medical College Hospital, Coimbatore for further treatment on 08.04.2005 and took treatment and admitted as inpatient for 25 days. Therefore, he was admitted in S.P.Hospital Gobichettipalayam as inpatient for 17 days and again admitted in Government Hospital Gobichettipalayam as in-patient for 23 days. The claimant claimed a sum of Rs.3,50,000/- as compensation with 9% interest. The appellant-The New India Assurance Company Limited resisted the claim. On pleadings the Tribual framed the following issues: "1. Whether the accident had occurred due to the rash and negligent riding of the vehicle" 2. What is the compensation the claimant is entitled to" If so, what is the amount and from whom"" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash ad negligent riding of the rider of the second respondent vehicle and awarded a compensation of Rs.3,50,000/- with interest at 9% per annum from the date of petition and the details of the same are as under: Disability Rs. 63,000/- Transport to hospital Rs. 5,000/- Medical expenses Rs. 7,300/- Pain and sufferings Rs. 30,000/- Extra nourishment Rs. 5,000/- ------------------ Total... Rs. 1,05,300/- ------------------ Aggrieved by that award, the Insurance Company has filed the present appeal. The learned counsel appearing for the appellant/New India Assurance Limited questioned only the quantum of compensation awarded by the Tribunal and contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and that, the award passed by the Tribunal is not in accordance with law and the same is to be set aside. Learned counsel appearing for the respondent/claimant submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed.
(3.) HEARD the counsel. On the side of the claimant was Pws. 1 to 3 were examined and the documents Exs.P1 to P13 were marked. No evidence was let in on the side of the appellant-New India Assurance Limited. The claimant himself was examined as PW1, PW2 is Dr.Periaswamy, PW.3 is Anbazhagan Ex.P1 is the copy of the First Information Report. Ex.P2 is the observation Mahazar. Ex.P3 is the Rough Sketch. Exs.P4 & P5 are the certified copy of Motor Vehicle Inspector's report, Ex.P6 is the copy of the Wound Certificate, Ex.P7 is the copy of the charge sheet, Ex.P.8 is the Xerox copy of the Judgment. Exs.P9 to P11 are the medical summary and medical bills. Ex.P12 is the X-ray and Ex.13 is the disability certificate. After considering the oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the New India Assurance Ltd. and the finding is based on valid materials and evidence. At the time of accident the injured was 65 years old. He is a retired School Teacher and now he is working in private school K. G. Matriculation School, Erode Sathy Main Road and he is earning Rs.3,000/- per month. Due to the accident the claimant sustained the following injuries: "(i) Abrasion on 1/2 cm. X 1/2cm right knee (ii)Abrasion 1cm x 1cm on the tip of Nose (iii)Abrasion 1/2 cm x 1/2cm x 1/2 on the upper lip (iv)Abrasion left eyebrow; (v)Abrasion in the forehead; (vi)Fracture on the cericalbone (vii)fracture on the spinal cord dislocation at the end of c6-c7" Immediately, he was admitted in Government Hospital, Gobichettipalayam then C.M.C. Hospital, Coimbatore and also in S. P. Hospital, Gobichettipalayam from 07.04.2005 upto 13.06.2005 as inpatient and thereafter as out patient. He is still taking treatment. PW3 is the employer of the injured and in his evidence PW.3 has stated that the monthly income of the injured is Rs.3,000/- per month and thus the Annual income is Rs.36,000/- (Rs.3000 x 12). PW2 is Dr. Periaswamy. In his evidence, PW2 has deposed that he examined the claimant-injured and issued the disability certificate, in which, he assessed the disability to the extent of 36%. Ex.P13 is the disability certificate. Based on Ex.P13, So, the Tribunal also fixed the disability at 35% and on the basis of the evidence of PW2 and arrived at loss of income by adopting multiplier method at Rs.63,000/- (Rs.3000 x 35/100 x 12 x 5 = Rs.63,000/-. Even if the award amount is calculated on the basis of percentage method, it comes to Rs.70,000/-. Normally the Courts award Rs.1,000/- to Rs.2,000/- per percentage of disability. In the present case, it is reasonable to award Rs.2,000/- per percentage of disability. If Rs.2,000/- is awarded, the loss works out to Rs.70,000/- (Rs.2,000/- x 35%). In view of the same, the award amount passed by the Tribunal towards permanent disability is reasonable and the same is confirmed. The Tribunal also awarded a sum of Rs.5,000/- towards extra nourishment. After taking into consideration that the injured took treatment in three hospitals, I feel that the amount awarded by the Tribunal for a sum of Rs.5,000/- towards extra nourishment is reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.7,300/- towards medical expenses. Ex.A11 is the Medical bills. It is an actual expenditure incurred by the claimant. Based on this, I feel it is just, fair and reasonable and the same is confirmed. Further the Tribunal awarded a sum of Rs.30,000/- towards pain and sufferings. After taking into consideration the nature of the injuries stated above and the claimant was in the hospital for the period of 67 days, the amount awarded by the Tribunal is just, fair and reasonable and the same is also confirmed. The details of compensation as per the above discussions are as under:- Towards Disability Rs. 63,000/- Medical expenses Rs. 7,300/- Extra nourishment Rs. 5,000/- Pain and sufferings Rs. 30,000/- ------------------ Total... Rs.1,05,300/- ------------------ ;