C.S. Karnan, J.@mdashThe above Civil Miscellaneous Appeal has been filed by the Appellant / New India Assurance Company Limited, against the award and decree passed in M.C.O.P. No. 782 of 2008, dated 17.07.2009, on the file of the Motor Accidents Claims Tribunal, Fast Track Court No. 3, Dharapuram.
2. The short facts of the case are as follows:
On 22.04.2008 at around 2.00 p.m., one Thangaraj who is the claimant in connected O.P. No. 784 of 2008 had ridden a motorcycle bearing Registration No. GJ 15/MM 4516 along with the Petitioner as pillion rider were proceeding on the National Highways Road, Sabvav Town, when at that time the lorry bearing Registration No. HR 38/H 8472 came at high speed and in a reckless manner from the opposite direction and hit against the motorcyclist, as a result both had sustained grievous injuries. Hence, the claimant had filed a claim petition in M.C.O.P. No. 782 of 2008 against the Respondents for compensation a sum of Rs. 5,00,000/- with interest.
3. The third Respondent / New India Assurance CompanyLtd., had filed a counter statement and resisted the claim petition. The Respondent denied the said accident that it was committed by the driver of the lorry. The Respondent denied the age, income, occupation, nature of injuries and mode of treatment etc., In the said accident, the rider of the motorcycle and its insurer are necessary parties in this case, but they have not been impleaded as necessary parties besides the claim amount is excessive.
4. On the plea of both parties the Tribunal had framed three issues for consideration namely:
(i)Who had committed the said accident in a negligent manner?
(ii)Whether the claimant is entitled to receive compensation from the Respondents?
(iii)If so, what is the quantum of compensation the claimant is entitled to receive from the Respondents?
5. The learned Tribunal tried the cases and passed a common judgment and separate decrees on the M.C.O.Ps''. On the side of the claimant three witnesses were examined and the below mentioned documents were marked:
First Information Report, Wound Certificate, Observation Mahazar, Discharge Summary, Hospital Certificate, medical bills, scan reports, X-ray, Driving Licence, Advance amount receipt, Photographs and etc.,
On the side of the Respondents, No. witness was examined and No. documents were marked.
6. PW1 had adduced evidence stating that on 22.04.2008 at around 2.00 p.m., PW2 had ridden the motorcycle bearing Registration No. GJ 15/MM 4516 along with PW2 on the National Highways Road, Sabvav Town, when at that time the lorry bearing Registration No. HR 38/H 8472 driven by its driver in a rash and negligent manner and dashed against the motorcyclist. PW1 further adduced evidence that as a result, both had sustained injuries. He had sustained injuries on his right hand arm, right ear, fibula bone fracture, head injuries leading up to the brain. He had undergone treatment at L.G.Rotary Hospital. Further, he had undergone treatment at Senthil Hospital, Coimbatore. PW3 doctor had examined the claimant and assessed the disability as 24%. He further adduced evidence that he had sustained bone fracture injuries on his head, surgical operation was conducted on his right hand and a steel plate with screws were fixed in the operated area. In order to prove the claim case, the above mentioned documents were marked.
7. After considering the evidence of the witnesses and documentary evidence, the Tribunal had awarded a sum of Rs. 1,95,000/-.
8. Aggrieved by the said award, the Appellant has filed the above appeal to scale down the compensation.
9. The learned Counsel for the Appellant argued that the Tribunal had awarded a sum of Rs. 78,000/- under the head of ''loss of income'' after adopting the multiplier method. Further, Rs. 28,000/- awarded under the head of ''pain and suffering'' which is on the higher side.
10. Learned Counsel for the claimant argued that the claimant had sustained grievous injuries including bone fractures, he had undergone medical treatment at two different hospitals. During the medical treatment period he had undergone a surgical operation on his right hand and a steel plate was fixed with screws. For removing the same through a re-operation further medical expenses will be incurred, but this was not considered by the learned Tribunal. The claimant had spent a sum of Rs. 65,000/- towards medical expenses.
11. In view of the facts and circumstances of the case, arguments advanced by the learned Counsels on either side and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that the multiplier method adopted by the Tribunal is inappropriate. Further Rs. 28,000/- under the head of ''pain and suffering'' is also on the higher side. Hence, this Court restructures the compensation as follows:
Rs. 65,000/-, Rs. 48,000/-, Rs. 15,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 5,000/- and Rs. 7,000/- granted towards medical expenses, disability, pain and suffering, transport, nutrition, attender charges, loss of earning during medical treatment period and future medical expenses respectively.
In total, this Court awards Rs. 1,55,000/- with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation, which is fair and equitable. Therefore, this Court scales down the compensation from Rs. 1,95,000/- to Rs. 1,55,000/
12. On 22.12.2009, this Court imposed a condition on the Appellant / Insurance Company to deposit the entire compensation amount together with interest to the credit of M.C.O.P. No. 782 of 2008 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No. 3, Dharapuram. Further, this Court permitted the claimant to withdraw the 50% of the compensation amount with proportionate interest lying in the credit of M.C.O.P. No. 782 of 2008 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No. 3, Dharapuram. Now, it is open to the claimant to withdraw the modified compensation amount as observed above lying in the credit of M.C.O.P. No. 782 of 2008 on the file of Motor Accidents Claims Tribunal, Fast Track Court No. 3, Dharapuram after filing a Memo along with this order, subject to withdrawals if any made by the claimant. Likewise the Appellant / New India Assurance Company Limited is at liberty to withdraw the excess compensation amount with accrued interest thereon after observing necessary formalities of the learned Motor Accidents Claims Tribunal.
13. In the result, this Civil Miscellaneous Appeal is party allowed. Consequently, the Award and Decree, passed in M.C.O.P. No. 782 of 2008 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No. 3, Dharapuram, dated 17.07.2009 is modified. There is No. order as to costs. Consequently, connected miscellaneous petitions are closed.
