IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 9.3.2011 Coram THE HONOURABLE MR. JUSTICE C.S. KARNAN Civil Miscellaneous Appeal No.172 of 2011 1.The Collector of Vellore District, Vellore – 632 009. 2.The Executive Engineer, PWD/WRO, Poghaiyar Reservoir Project Division, Aralvaimozhi, Kanyakumari District. 3.The Executive Engineer, Public Works Department, Kangeyanallore Road, Vellore. ... Appellants / Respondents vs. S.Ambedkar ... Respondent / Petitioner Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award and decree dated 21.04.2009 made in M.C.O.P.No.382 of 2007 on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court/Fast Track Court), Vellore. For Appellants : Mr.R.Muthaian, G.A For Respondent : Mr.C.Munusamy for C&K Law Firm JUDGMENT The above appeal has been preferred by the appellants as against the award and decree passed in M.C.O.P.No.382 of 2007, dated 21.4.2009 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Court/Fast Track Court), Vellore, awarding a compensation of Rs.3,47,250/- with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of payment of compensation. https://hcservices.ecourts.gov.in/hcservices/ 2.Aggrieved by the same, the appellants have come forward with the present appeal to set aside the Award. 2.The short facts of the case are as follows: On 21.6.2006 at about 9.30 p.m the respondent/claimant was walking on the Vellore to Bangalore Road. When he was nearing combined Court buildings, Sathuvacheri, Vellore, at that point of time, a Government Jeep bearing Registration No.TMS 2639 came with high speed and in a rash and negligent manner on the wrong side and dashed against the claimant, resulting which, he had sustained grievous injuries including bone fracture. Hence, the claimant filed the claim petition against the appellants/respondents claiming a compensation of Rs.5,50,000/- with interest. 3.The appellants/respondents had filed a counter statement and resisted the claim petition. 4.The appellants/respondents stated that the claimant suddenly crossed the road and dashed against the respondent's jeep. As such, the claimant himself invited the said accident. The appellants/respondents further stated that the compensation claimed by the claimant is an excessive one. The appellants/respondents denied the age, income and occupation of the claimant. 5.On the pleadings of both parties the Tribunal framed three issues as follows: "i) Whether the accident committed by the driver of the jeep is in a rash and negligent manner? ii)Whether the claimant is entitled to receive compensation? If so what is the quantum of compensation? iii) What is the other relief?" 6.On the side of the claimant, 5 witnesses have been examined and 19 documents have been marked namely Ex.P.1 is the First Information Report, Ex.P.2 is the R.C. Book, Ex.P.3 is the Driving licence, Ex.P.8 is the Medical Bills, Ex.P.9 is the rough sketch, Ex.P.17 is the disability certificate and Ex.P.18 is the X-ray etc. On the side of the respondents before the Tribunal, no witnesses have been examined and no documents have been marked. 7.P.W.1 adduced evidence stating that on 21.1.2006 at about 9.30 p.m, while he was proceeding from Southern direction to Northern direction on Chennai to Bangalore Road, at that point of time, the respondent's jeep bearing Registration No.TMS 2639 had https://hcservices.ecourts.gov.in/hcservices/ been driven by its driver in a rash and negligent manner and dashed against him, resulting which, he had sustained grievous injuries including bone fracture in the leg. P.W.1 had marked First Information Report in order to prove the accident. 8.P.W.1 further adduced evidence stating that he had sustained injuries on his left hand thumb finger, left knee and blur injury abdomen with mesenteric tear. He further stated that his right hand thumb finger has been cut off. Besides, his small intestine was also cut off and his left leg bone was fractured and ununited. P.W.4 Doctor had examined the claimant and verified the medical record and assessed the claimant's disability at 50%. On considering the evidence of the witnesses, the Tribunal awarded the compensation under the following heads which are as follows: Disability Rs. 50,000/- Pain and Suffering Rs. 20,000/- Medical Expenses Rs. 30,000/- Nutrition Rs. 3,000/- Loss of income Rs. 15,000/- Loss of expectation of life Rs.1,00,000/- Loss of future earning capacity Rs.2,00,000/- ---------------- Total Rs.4,21,000/- ---------------- 9.In total, the Tribunal awarded Rs.4,21,000/- as compensation to the claimant with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of payment of compensation. 10.Aggrieved by the said award, the appellants have preferred the above appeal. 11.The learned counsel for the appellants argued that the claimant had suddenly crossed the road and dashed against the Jeep and as such, the accident had occurred. Therefore, contributory negligence is involved in the said accident. Further, the Doctor had assessed the disability at 50% and the Tribunal awarded a sum of Rs.50,000/- towards disability which are not correct, since the claimant sustained simple injuries. The learned counsel further argued that the Tribunal awarded Rs.1,00,000/- under the head of loss of expectation of life and Rs.2,00,000/- under the head of loss of future earning capacity which are also not pertinent in this case. 12.The learned counsel for the respondent/claimant argued that the claimant had sustained grievous injuries including bone https://hcservices.ecourts.gov.in/hcservices/ fracture on his left leg. Besides, the claimant's small intestine had been cut off. Further, the claimant's left hand thumb finger had been cut off. Therefore, the claimant had sustained permanent disability in the said accident. The learned counsel appearing for the respondent/claimant further argued that after the accident, the claimant is unable to perform his normal duty as Sales Representative and as such, his entire avocation is affected. Therefore, multiplier method will be applicable in this case but, the learned Tribunal has not adopted the multiplier method and awarded compensation on the basis of disability percentage. 13.The learned counsel further argued that the learned Tribunal has not considered the compensation under the head of Transport and attendant charges and also loss of earning during medical treatment period and conversant period. The learned counsel further argued that the claimant's age was 37 at the time of the accident and as such, the claimant is entitled to receive a sum of Rs.1,00,000/- under the head of disability since the claim of disability which was properly assessed by the Doctor P.W.4. 14.Considering the facts and circumstances of the case and the arguments advanced by the learned counsel on either side and on perusing the impugned award passed by the learned Motor Accidents Claims Tribunal, this Court is of the considered opinion that the Tribunal awarded compensation of Rs.1,00,000/- under the head of loss of expectation of life and Rs.2,00,000/- under the head of loss of future earning capacity which are not pertinent in the instant case. Hence, this Court restructures the compensation under various heads which are as follows: Disability for 50% Rs.1,00,000/- Pain and Suffering Rs. 25,000/- Medical Expenses Rs. 30,000/- Nutrition Rs. 10,000/- Attendant Charges Rs. 10,000/- Transportation Rs. 10,000/- Loss of income towards medical treatment period and conversant period Rs. 25,000/- Loss of comfort, loss of amenities and loss of left hand thumb finger Rs. 90,000/- ----------------- Total Rs.3,00,000/- ----------------- https://hcservices.ecourts.gov.in/hcservices/ 15.In total, this Court awards a sum of Rs.3,00,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of payment of compensation. Therefore, this Court scaledowns the compensation from Rs.4,21,000/- to 3,00,000/-. This Court further directs the appellants to deposit the balance compensation amount with accrued interest thereon as mentioned above within a period of eight weeks from the date of receipt of a copy of this order. 16.On such deposit being made, it is open to the claimant to withdraw the entire compensation amount with accrued interest thereon lying in the credit of M.C.O.P.No.382 of 2007 on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court/Fast Track Court), Vellore after filing necessary payment out application in accordance with law. 17.In the result, the above Civil Miscellaneous Appeal is partly allowed and the Award and Decree dated 21.04.2009 on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court/Fast Track Court), Vellore is modified. Consequently, connected Miscellaneous Petition No.1 of 2011 is closed. There is no order as to costs. cla Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Motor Accidents Claims Tribunal, (Additional District and Sessions Judge/ Fast Track Court), Vellore. 2.The Section Officer, V.R.Section, High Court, Madras. + 1 cc to M/s. C & K Law Firm, Advocate SR No.17485 + 1 cc to Spl Government Pleader (CS), SR No.16978 SP(CO) SR/21.4.2011 C.M.A.No.172 of 2011 https://hcservices.ecourts.gov.in/hcservices/