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Showing contexts for: permanent partial disability in The Divisional Manager vs Chandhirababu on 3 September, 2019Matching Fragments
12. On the point of quantum of compensation, the learned counsel for the claimants and the learned counsel for the insurance company were heard.
C.M.A.No.3569/2011 [M.C.O.P.No.53 of 2019]:
13. The injured/claimant namely, Dhandapani has preferred M.C.O.P.No.53 of 2019 alleging various averments inter alia contending that due to the accident, his Bullock Cart was completely damaged and one Bullock had died. It appears from the records of the Tribunal that the damage of the Bullock Cart and the death of one Bullock owned by the appellant in C.M.A.No.3569 of 2011 [M.C.O.P.No.53 of 2019] have been duly proved by the documentary evidence adduced before the Tribunal under Exs.P.4 and P.5 and accordingly, taking into consideration the date of the accident i.e., on 29.12.2002, the compensation of Rs.11,000/- awarded by the Tribunal for the death of one Bullock stands enhanced to Rs.20,000/-. The Tribunal has awarded a sum of Rs.19,200/- towards repairing cost for 9 of 24 http://www.judis.nic.in C.M.A.Nos.1692 & 1694/2011 [2 cases] and C.M.A.Nos.3569 to 3574/2011 [6 cases] the Bullock Cart and the same is confirmed. Further, the Tribunal has awarded a sum of Rs.15,000/- towards pain and sufferings and the said amount is also confirmed. A sum of Rs.20,000/- was awarded by the Tribunal under the head of loss of income and the same is enhanced to Rs.25,000/-. The Tribunal has awarded a consolidated sum of Rs.20,000/- towards transportation, extra nourishment, medical expenses and future medical expenses and the said amount is enhanced to Rs.28,000/-. P.W.9/Dr.Ravindran, had issued Ex.P.23/permanent disability certificate fixing the disability at 10% and accordingly, the Tribunal has awarded a sum of Rs.10,000/- towards partial permanent disability. The said amount awarded by the Tribunal towards disability is just and reasonable and hence, the same is hereby confirmed.
Dr.Ravindran fixed the disability sustained by the Chandra Babu at 15% and issued Ex.P.26-Permanent disability certificate. Taking into consideration the fact that the claimant/Chandra Babu is aged about 30 years and also the fact that he lost vision in one eye, the compensation of a sum of Rs.65,000/- awarded by the Tribunal under the head of partial permanent disability appears to be too low. Admittedly, he is a coolie and he lost vision in one eye and he has to depend upon others for his livelihood. The essential criteria fixed by the Hon'ble Apex Court in Rajkumar Vs. Ajaykumar & another reported in 2010 (2) TN MAC 581 SC, is being satisfied and hence, for assessment of compensation multiplier method has 14 of 24 http://www.judis.nic.in C.M.A.Nos.1692 & 1694/2011 [2 cases] and C.M.A.Nos.3569 to 3574/2011 [6 cases] to be adopted. P.W.8-Doctor had fixed the permanent disability at 50% and the same is accepted. On the date of the accident, the injured/claimant was aged about 30 years. As per the decision of the Hon'ble Apex Court in Sarla Verma v. Delhi Transport Corporation reported in [2009 (2) TN MAC 1 (SC)], considering the age of the injured/claimant, multiplier of 17 has to be adopted. Since the injured/claimant was working as a coolie, he could have earned a sum of Rs.3,000/- per month and hence, the compensation that could be awarded to the claimant under the head of permanent disability is re-assessed as under:-
21. The claimant namely, Anbalagan, who preferred M.C.O.P.No.56 of 2009, has filed C.M.A.No.3572 of 2011 contending that he has taken treatment in Government Hospital, Thirukovilur as could be seen from 16 of 24 http://www.judis.nic.in C.M.A.Nos.1692 & 1694/2011 [2 cases] and C.M.A.Nos.3569 to 3574/2011 [6 cases] Ex.P.20- Wound Certificate and he has underwent surgery and was inpatient for two weeks. P.W.9-Doctor, who had physically examined the claimant Anbalagan, taking note of Ex.P.28-X-ray, has come to the conclusion that the claimant has sustained fracture of left thump which was mal united and catching power was reduced and issued Ex.P.20-Wound Certificate fixing the disability at 20%. However, based on the cross examination of the Doctor P.W.9, the Tribunal has awarded a sum of Rs.15,000/- towards partial permanent disability by fixing the disability at 15%. On re-appreciation of evidence, this Court has come to the conclusion that the disability sustained by the claimant namely Anbalagan is 20% and accordingly, awards a sum of Rs.20,000/- [Rs.1000 x 20 = Rs.20,000/-] towards partial permanent disability. Taking note of the fact that it could have taken not less than three months for restoration of his daily activities, loss of income during the period of treatment fixed by the Tribunal at Rs.10,000/- is confirmed.
C.M.A.No.3574 of 2011 [M.C.O.P.No.58/2009]:
24. The claim petitioner namely, Elumalai, said to have suffered fracture on the right elbow and the same was mal united so is the evidence of the claimant in the witness box. The claimant/Elumalai, who was examined as P.W.5, had deposed that in the accidental injury that took place on 29.12.2002, he had sustained fracture on the right elbow and the same was mal united. P.W.9 Doctor had issued Ex.P.18-Wound Certificate by fixing the disability at 35%. The Doctor had clearly deposed that due to the fracture on the right leg, the same was mal united and restrictions in the movement of the leg is 20 to 120 degree and he has to limb and go and accordingly, fixed the disability at 35%. However, based on the cross examination of the Doctor P.W.9, the Tribunal has awarded a sum of Rs.20,000/- towards partial permanent disability by fixing the disability at 20%. On re-appreciation of evidence, this Court has come to the conclusion that the disability sustained by the appellant/claimant is 35% and 19 of 24 http://www.judis.nic.in C.M.A.Nos.1692 & 1694/2011 [2 cases] and C.M.A.Nos.3569 to 3574/2011 [6 cases] accordingly, awards a sum of Rs.35,000/- [Rs.1000 x 35 = Rs.35,000/-] towards partial permanent disability. The Tribunal has awarded a sum of Rs.10,000/- towards loss of income and the same is confirmed. Tribunal has awarded a sum of Rs.10,000/- towards pain and sufferings and a sum of Rs.20,000/- under the heads of transportation, extra nourishment and medical expenses and the said amount are confirmed. The Tribunal has not awarded any amount towards attender charges and loss of amenities and hence, this Court is of the considered view that it is just and proper to award a sum of Rs.7,000/- towards attender charges and a sum of Rs.7,000/- towards loss of amenities. Further, this Court awards a sum of Rs.500/- towards damage to clothing.