Rajan vs Tamil Nadu State Transport Corporation

Ms. V.M. Velumani, J.—This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the judgment and decree dated 21.12.2000, made in MCOP.No.218 of 1999, on the file of the Motor Accidents Claims Tribunal, Principal Sub-Court, Kumbakonam.

The appellant filed M.C.O.P.No.218 of 1999 claiming a sum of Rs.1,00,000/- as compensation for the injury suffered by him on 16.04.1997, at Ammapettai, Kumbakonam, Thanjavur District. According to the appellant, he suffered severe injuries and bones in the chest were broken. He took treatment from Dr.Gopalakrishnan at Kumbakonam and spent Rs.8,000/- towards medical expenses. He filed M.C.O.P. claiming a sum of Rs.1,00,000/- for loss of salary, pain and suffering and medical expenses etc.

The learned Judge considered all the documents on record and also considered Ex.P2-Accident Register, came to the conclusion that the appellant suffered only minor injury and did not suffer any loss of income. Therefore, he awarded a sum of Rs.10,600/- as compensation to the appellant. Against the said order, the appellant has filed the present civil miscellaneous appeal.

The respondents have filed counter affidavit in the M.C.O.P.

The learned counsel for the appellant argued that the learned Judge failed to consider Ex.P5-discharge summary in proper perspective. According to the appellant, he suffered severe injury and also severe chest pain. He has spent Rs.8,000/- towards medical expenses. Further, according to him, the accident took place only, when he was returning from work and the respondents have not let in any evidence to dispute the same. At the time of filing the appeal, the appellant was suffering from chest pain.

The learned counsels for the respondents 1 and 3 argued that the Tribunal has considered all the materials on record properly and the order of the Tribunal awarding Rs.10,600/- is just and proper and there is no reason to interfere with the said order.

I have heard the learned counsel appearing for the parties and considered the arguments put forth by them and carefully perused the materials on record.

The learned Judge held that Ex.P2-Accident Register shows that the appellant suffered only minor injury and there was no fracture in any of the bones. Further, the appellant has not examined the Doctor viz., Gopalakrishnan to prove the fracture, he alleged to have suffered. He has not filed any X-ray to show the fracture, he alleged to have suffered. Therefore, he was granted a total compensation of Rs.10,600/-. The learned Judge has considered all the materials on record properly. The learned Judge has granted compensation of Rs. 2,000/- for pain and suffering. The learned Judge did not grant any compensation for loss of income. The appellant has stated that after retirement, he was working as Manager in TVP Charity and also doing real estate business. Therefore, the appellant will be entitled to an additional sum of Rs.10,000/- towards loss of income.

For the reasons stated above, in addition to a sum of Rs. 10,600/-, the appellant is entitled to a further sum of Rs.10,000/- towards loss of income. The respondents 2 and 3 are directed to deposit the said amount to the credit of M.C.O.P.No.218 of 1999 on the file of Principal Sub-Court, Kumbakonam, within four weeks from today together with interest @ 7% p.a. from today till the date of payment. On such deposit, the appellant/claimant is permitted the withdraw the same by making necessary application before the Tribunal.

With the above modification, the civil miscellaneous appeal is disposed of. No costs.