Judgment:
This Civil Miscellaneous Appeal filed against the Award and Decree dated 02.08.2006 passed in MCOP.No.226 of 2002 on the file of Motor Accident Claims Tribunal, Arni.
JUDGEMENT
1. The Insurance Company disputing its liability in paying compensation to the claimant, directed this appeal.
2. According to the learned counsel for the Insurance Company, the claimant is a gratuitous passenger on board of the lorry. So, there is policy violation. Hence, the Insurance Company is not liable to pay the compensation amount. Further, excessive amount has been awarded by the Tribunal.
3. On the other hand, the learned counsel for the claimant would contend that the claimant travelled along with his goods in the vehicle. Ex.R.1 policy will show that non fare passengers are also covered in the policy and the premium also paid for the same. The Tribunal has granted less compensation under various heads.
4. On 1.4.2001, the accident had taken place. At the time of the accident, the claimant was on board of the lorry. He sustained multiple injuries. At the time of accident, the claimant travelled along with his tamarind consignment. He travelled in the vehicle as owner of the goods. R.W.1 is the Insurance Company staff. He is not an eye witness. There is insurance coverage for the offending vehicle. Ex.R.1 shows that premium has been collected for such persons. In such circumstances, the Insurance company cannot seek exemption from paying the compensation amount to the claimant.
5. The claimant has sustained multiple injuries. P.W.2 Dr.Kartheesan deposed about the disability of the claimant and through him Ex.P.4 disability certificate has also been marked. He had assessed his disability at 35%. The Tribunal has awarded Rs.35,000/- towards disability. The Tribunal also awarded Rs.5,000/- towards grievous injuries and Rs.2,000/- towards multiple injuries. Thus, the Tribunal has priced the injuries. Compensation cannot be based on the cost of injuries. Compensation must be based on realistic principles. Having awarded Rs.35,000/- towards disability, the Tribunal ought not to have awarded Rs.7,000/- towards injuries. It requires to be deleted. Towards pain and suffering, only Rs.3,000/- has been awarded. It is raised to Rs.5,000/-. Towards nutritious food expenses, only Rs.2,000/- has been awarded. During the treatment period, he has to take more nutritious food to recoup himself. Hence, we make it Rs.4,000/-. Towards transportation charges only Rs.1,000/- has been awarded. It is doubled. In other aspects we are not interfering with the award of the Tribunal.
6. The break up details of the modified award amount are as follows:
7. In the result, the appeal is allowed in part. The award amount is reduced to Rs.46,300/- with interest 9% p.a from the date of claim petition till deposit. The first respondent is permitted to withdraw the said modified award amount by filing proper petition before the tribunal. The balance amount, if any, shall be refunded to the appellant. No costs.