1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.409 of 2011 and MP(MD)No.1 of 2011 The Oriental Insurance Co Ltd 24-E/12-A Sivasakthi Shipping Complex S.N.High road, Tirunelveli Tamilnadu-627 001. .. Appellant/2nd Respondent Vs. Daisy .. Respondent/Petitioner Jeya Sivasubramanian .. Respondent/1st Respondent Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988 against the award dated 09.11.2010 passed in MCOP No.8 of 2010 by the Motor Accidents Claims Tribunal /Additional District Court/Fast Track Court No.I, Tuticorin. For Appellant : Mr.C.Jawahar Ravindran For R – 1 : Mr.S.Subbiah R – 2 : Given up JUDGMENT The award dated 09.11.2010 passed in MCOP No.8 of 2010 by the Motor Accidents Claims Tribunal /Additional District Court/Fast Track Court No.I, Tuticorin is being challenged in the present Civil Miscellaneous Appeal. 2. The first respondent herein as petitioner has filed MCOP No.8 of 2010 on the file of the Motor Accidents Claims Tribunal praying to pass an award for the amount mentioned therein, wherein the present appellant and second respondent have been shown as respondents. 3. The Motor Accidents Claims Tribunal after considering the available evidence on record has awarded a compensation of Rs.3,49,452/-. With regard to quantum of compensation, the present Civil Miscellaneous Appeal has been preferred at the instance of the second respondent as appellant. 4. The learned counsel appearing for the appellant/second respondent has not touched the factum as well as manner of accident and he attacked the quantum of compensation on the following grounds: (a) The petitioner has sustained only 45% permanent disability, wherein the Motor Accidents Claims Tribunal has excessively awarded Rs.90,000/- towards permanent disability. (b) Even though the first respondent /petitioner has received salary during her leave period, the Motor Accidents Claims Tribunal has erroneously awarded Rs.1,44,000/- towards loss of income. Under the said circumstances the award passed by the Motor Accidents Claims Tribunal is liable to be modified. 5. Per contra, the learned counsel appearing for the first respondent/petitioner has contended that the petitioner is a staff nurse https://hcservices.ecourts.gov.in/hcservices/ 2 and due to accident she has applied for leave and even though she received salary during leave period since accident has happened to her, she is entitled to get loss of income. Under the said circumstances the award passed by the Motor Accidents Claims Tribunal is not liable to be modified. 6. It is an admitted fact that the first respondent/petitioner has sustained only 45% permanent disability. But the Motor Accidents Claims Tribunal has excessively awarded Rs.90,000/- and therefore, the petitioner is entitled to get Rs.45,000/- towards permanent disability. The Motor Accidents Claims Tribunal has awarded Rs.10,000/- towards pain and suffering and the same can be accepted. The Motor Accidents Claims Tribunal has awarded Rs.75,455/- towards medical expenses and the same can also be accepted. The Motor Accidents Claims Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.20,000/- towards transportation and the same can also be accepted. 7. The main attack made on the side of the appellant/second respondent is that even though the first respondent/petitioner has availed leave with salary, the Motor Accidents Claims Tribunal has erroneously awarded a sum of Rs.1,44,000/- towards loss of income. 8. Considering the fact that the first respondent/petitioner is a staff nurse and also considering that due to accident she applied for leave and during that period she has received salary, since accident has happened to her, this Court is of the view that the first respondent /petitioner is entitled to get loss of income as fixed by the Motor Accidents Claims Tribunal. As stated earlier, the Motor Accidents Claims Tribunal has fixed Rs.1,44,000/- towards loss of income and in aggregation the petitioner is entitled to get Rs.2,99,455/- and to that extent, the award in question is liable to be modified as follows. 9. In fine, this civil miscellaneous appeal is allowed in part without cost. Connected Miscellaneous Petition is closed and the award passed in MCOP No.8 of 2010 by the Motor Accidents Claims Tribunal/Additional District Court/Fast Track Court No.I, Tuticorin is modified as follows: The first respondent/petitioner is entitled to get Rs.2,99,455/- by way of compensation. In other aspects, the award in question is confirmed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS) To The Motor Accidents Claims Tribunal/Additional District Judge/ Fast Track Court No.I, Tuticorin +1 CC to Mr.S.Subbiah, Advocate, SR.No.30768 C.M.A(MD)No.409 of 2011 09.09.2011 mj/TR : 21.09.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/