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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the claimant against the judgment and decree passed by the Additional District and
Sessions Court-cum-Chief Judicial Magistrate, Thanjavur on 25.11.2002 in MCOP No. 114 of 2001.
Background facts in a nutshell are as follows:
The injured-Meenakshi met with motor traffic accident that took place 23.09.1998 at about 4.15 a.m. The injured was a passenger in a bus
belonging to the first Respondent-Transport Corporation, bearing Registration No. TN-01-N-6079. The said bus was proceeding in the Chennai
National Highway. The driver drove the bus in a rash and negligent manner and hit against a lorry belonging to the second Respondent herein,
bearing Registration No. TN-09-N-4755. Due to the said impact, the injured sustained injuries. The injured-claimant claimed a sum of Rs.
2,50,000/- as compensation. The first Respondent / Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following
issues:
Whether the accident took place due to the rash and negligent driving of the driver of the bus belonging to the first Respondent / Transport
Corporation?
Whether the claimant is entitled to compensation? If so to what extent?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of
the driver of the bus belonging to the first Respondent / Transport Corporation and awarded a sum of Rs. 14,200/- as compensation with interest
at 9; p.a. from the date of petition. The details of the compensation are as follows:
Rupees
Expenses towards scan 3,200/-
Transport & Medical bills 10,000/-
Pain and suffering 1,000/-
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Total.... 14,200/-
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Aggrieved by that award, the Appellant / claimant has filed the present appeal.
Learned Counsel for the Appellant /claimant vehemently contended that the Tribunal has awarded a very low and meagre sum of compensation
and it is without any basis and justification. The Tribunal ought to have awarded the compensation as claimed by the claimant. The Tribunal has not
considered the relevant materials and also not followed the principles of assessment before passing the award. Hence the award passed by the
Tribunal is not in accordance with law and this is a fit case for enhancement.
Learned Counsel for the first Respondent / Transport Corporation has submitted that the Tribunal has considered all the materials and evidence
on record and awarded the compensation which is just, fair and reasonable. Hence, the award passed by the Tribunal is in accordance with law
and the same has to be confirmed.
Heard the counsel and perused the materials available on record. On the side of the claimant, the claimant herself was examined as P.W.1 and
documents Ex.P1 to P9 were marked. On the side of the Transport Corporation, R.W.1-driver of the bus belonging to the first Respondent
/Transport Corporation, and R.W.2-driver of the lorry belonging to the second Respondent were examined and no document was marked. Ex.P1
is the certified copy of the First Information Report. Exs.P2 to P4 are the certified copies of the Motor Vehicle Inspection Reports. Exs.P5 and P7
are the medical bills. Ex.P6 is the Discharge Summary. Ex.P8 is the C.T. Scan Report. Ex.P9 is the medical slip. After considering the above oral
and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of
the driver of the bus belonging to the first Respondent / Transport Corporation. It is a question of fact and it is based on valid materials and
evidence. Hence the same is confirmed.
The claimant was 44 years old at the time of accident and she was examined as P.W.1. She is an employee in the Indian Overseas Bank,
Swamimalai Branch. In her evidence, it is stated that she was earning a sum of Rs. 7,500/- per month at the time of accident. Further, in her
evidence, it is stated that only the driver of the bus caused the accident. It is also stated that the driver of the bus was charge-sheeted by the
Mayilam Police Station in Crime No. 697 of 1998 under Sections 279, 337, 338 and 304A IPC. Due to the accident she sustained the following
injuries:
Lacerated wound in forehead (7 stitches)
Upper jaw 2 teeth fallen down
Grievous injury in right leg knee
Injuries all over the body
Multiple abrasion and contusion all over the body
Further it is stated that she took treatment in the National Hospital, Chennai and she was attended by Ortho, Dental, Neuro and General Surgeons.
She was in the National hospital, Chennai from 23.09.1998 to 28.09.1998 as in-patient. She also took treatment in a private hospital at
Swamimalai. It is pertinent to note that there is no wound certificate and disability certificate filed in support of the claim of the claimant. Also, no
doctor was examined on behalf of the claimant. Ex.P5 and Ex.P7 are the medical bills. Ex.P6 is the Discharge Summary. Ex.P8 is the C.T. Scan
Report. Ex.P9 is the medical slip. After considering the above, the Tribunal has awarded Rs. 3,200/- towards expenses towards scan. The amount
awarded towards this head is very reasonable and hence the same is confirmed. The Tribunal has also awarded a sum of Rs. 10000/- towards
transport as well as medical bills. Ex.P5 and Ex.P7 are the series of medical bills. There is no dispute that she was in the National Hospital,
Chennai and took treatment for about a week. Also, the medical expense incurred is an actual expenditure. Therefore, the Tribunal has correctly
awarded Rs. 10000/- towards transport and medical bills. The Tribunal has awarded a sum of Rs. 1000/- towards pain and suffering. Even though
there is no proper material available on record, it is seen from Ex.P6-Discharge Summary that she was suffering from headache more often and
certain drugs were prescribed for the same. Taking into consideration of the same, it would be appropriate to award Rs. 3500/- towards this head.
The Tribunal has not awarded any amount towards extra nourishment. The claimant was in the hospital for a period of one week as in-patient and
during that time, certainly she would have taken some nutritious food to recover quickly from the illness. Hence it would be reasonable to award a
sum of Rs. 2,500/-towards this head. The Tribunal has awarded interest rate at 9% p.a., from the date of petition. Taking into consideration the
date of accident, date of award and also the prevailing rate of interest during the relevant time, the rate of interest fixed by the Tribunal at 9% p.a.
is very reasonable and hence the same is confirmed. The details of the modified compensation are as under:
Rupees
Expenses towards scan 3,200/-
Transport & Medical bills 10,000/-
Pain and suffering 3,500/-
Extra nourishment 2,500/-
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Total.... 19,200/-
Less: Amount awarded by
the Tribunal 14,200/-
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5,000/-
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For the enhanced compensation, the claimant is entitled for an interest of 6% p.a. from the date of petition.
Under the circumstances, the claimant is entitled to the enhanced compensation of Rs. 5,000/- with interest at 6% p.a. from the date of petition.
The first Respondent-Transport Corporation is directed to deposit the enhanced compensation of Rs. 5,000/- with interest at 6% p.a. from the
date of petition, within a period of six weeks from the date of receipt of a copy of this order. On deposit of the same, the claimant is permitted to
withdraw the same on making proper application.
With the above modifications, the Civil Miscellaneous Appeal is disposed of. No costs.