IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-10-2011 CORAM: THE HONOURABLE Mr.JUSTICE B.RAJENDRAN C.M.A.No. 3180 of 2011 and M.P.No.1 of 2011 National Insurance Company Limited 75, Mount Road Chennai-2. ... Appellant/2nd Respondent -Vs- 1.James ..1st Respondent/Claimant 2.Wiselin Moses ..2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree in M.C.O.P.No. 391 of 2004, dated 06.02.2008, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Chengalpattu. For Appellant ::Mr.S.Arun Kumar For Respondent ::Mr.A.N.Viswanatha Rao for R.1 * * * JUDGMENT The Insurance Company has come forward with this Civil Miscellaneous Appeal as against the grant of award of Rs.2,34,990/- to the first respondent, in respect of the injury of fracture of right thigh bone sustained by him, by the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Chengalpattu, in M.C.O.P.No. 391 of 2004, dated 06.02.2008. 2. In this case, the accident is admitted and the liability is also admitted, but, the quantum alone is questioned. 3. Even, insofar as the quantum is concerned, Mr.S.Arunkumar, learned counsel for the appellant-Insurance Company mainly submitted that the lower Court has adopted the multiplier theory in a case of injury, without there being any functional disability. According to the evidence of the Doctor, who has been examined as P.W.2, the percentage of disability was assessed at 35% and therefore, the https://hcservices.ecourts.gov.in/hcservices/ amount of compensation awarded by applying the multiplier theory method is wrong and hence, the appeal. 4. Mr.A.N.Viswanatha Rao, learned counsel appearing for the first respondent fairly submitted that the Claimant was admitted in the hospital and taking treatment between the period from 21.01.2004 to 06.02.2004 and thereafter also, he underwent a surgery and was taking treatment and he is unable to walk freely. He further contended that no Attender Charges were given in this case and the compensation amount awarded by the Court below is fair, reasonable and correct, taking into consideration the 35% disability sustained by the Claimant and hence, he seeks to dismiss the appeal. 5. Heard both sides. By consent, the main Civil Miscellaneous Appeal itself is taken up for final disposal. 6. The only point that arises for consideration in this appeal is as to, whether the lower Court was correct in granting the compensation by applying the multiplier theory method. 7. At the outset, it is very clear that the only injury sustained by the Claimant was the fracture of the right thigh bone and admittedly, he was admitted in the hospital and taking treatment between the period from 21.01.2004 to 06.02.2004 and even thereafter, he was taking treatment and the Doctor, who has been examined as P.W.2 has categorically deposed that the Claimant sustained disability at 35%, but, the lower Court has accepted only 30% disability. The lower Court having accepted the 30% disability, calculated the compensation amount to be awarded under the head 'permanent disability' by applying the multiplier theory method, which is not correct, because, there is no evidence to show that there is a functional disability. As per the judgment of the Division Bench, a maximum of Rs.2,000/- alone could be awarded per percentage of the disability and taking into consideration the disability at 30% as accepted by the Court below, at best, he could be awarded a sum of Rs.2,000 x 30 = Rs.60,000/- under the head of 'permanent disability' and not Rs.90,000/- as awarded by the Court below. The amount awarded by the Court below under other heads, viz., Loss of Earning – Rs.15,000/-; Pain and Suffering – Rs.25,000/-; Medical Expenses – Rs.75,315/-; Transportation Charges – Rs.4,675/-; Extra-Nourishment – Rs.5,000/-; and Loss of Amenities of Life – Rs.10,000, is reasonable and fair and the same is confirmed. In addition to Loss of Amenities of Life, for Loss of Expectation of Life a sum of Rs.10,000/- is awarded by the Court below, which is not correct and hence, it stands deleted. At this juncture, learned counsel for the first respondent pleaded that having sustained fracture in the right thigh bone, the Claimant would have been definitely assisted by an attender during the period of treatment, but no amount has been awarded by the Court below under the head 'Attender Charges'. Taking into consideration https://hcservices.ecourts.gov.in/hcservices/ the said plea, this Court is inclined to grant a sum of Rs.5,000/- for Attender Charges. 8. Thus, totally, the Claimant is entitled to a compensation of Rs.2,00,000/- under the following heads, as against the award of Rs.2,34,990/- passed by the Court below :- 1. Permanent Disability ... Rs. 60,000/- 2. Loss of Earning ... Rs. 15,000/- 3. Pain and Suffering ... Rs. 25,000/- 4. Medical Expenses ... Rs. 75,315/- 5. Transportation Charges ... Rs. 4,675/- 6. Extra-Nourishment ... Rs. 5,000/- 7. Loss of Amenities of Life ... Rs. 10,000/- 8. Attender Charges ... Rs. 5,000/- ----------------- Total ... Rs. 1,99,990/- ----------------- Rounded off to Rs.2,00,000/- 9. In the result, the appeal is partly allowed, reducing the compensation from Rs.2,34,990/- to Rs.2,00,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of payment. The appellant-Insurance Company is directed to deposit the modified award amount to the credit of M.C.O.P.No. 391 of 2004 on the file of the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Chengalpattu, within six weeks from the date of receipt of a copy of this order. On such deposit, the Claimant is permitted to withdraw the award amount along with the accrued interest. No costs. Consequently, connected M.P.No. 1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar Paa To The Principal Subordinate Judge Motor Accidents Claims Tribunal,Chengalpattu. 1 CC to Mr.S.Arunkumar, Advocate, SR.63970 C.M.A.No.3180 of 2011 KGK(CO) SRA(13/12/2011) https://hcservices.ecourts.gov.in/hcservices/