AI Structured Summary
Not yet generated for this judgment
Judgment
C.S. Karnan, J.—The brief facts of the case are as follows:--
The respondent herein/claimant has filed the claim petition in M.C.O.P. No. 245 of 2005 against the appellant herein/Transport Corporation
stating that on 18.08.2004, when the minor petitioner was about to board the bus, the driver of the bus had started the bus suddenly, at a high
speed and as a result, the minor petitioner fell down and the tyre of the bus ran over her hip, as a result, she had sustained grievous injuries. Hence,
the claim petition had been filed for compensation of a sum of Rs. 10,00,000/-.
The Transport Corporation had filed a counter statement and opposed the claim petition. The respondent stated that on 18.08.2004, the driver of
the bus bearing registration No. TN-49-N-1194, drove the bus towards Trichy and the bus was stopped at Thanikottagam bus stop in order to
facilitate passengers to alight. At that point of time some passengers had alighted while others boarded into the bus and the minor claimant
attempted to board the bus and had lost her balance and as a result fell on the road and as such, the accident was invited by the claimant. It was
submitted that she had sustained only simple injuries.
On verifying the averments of both parties, the Tribunal had framed two issues, viz.,
(i) Whether the accident had been committed by the driver of the first respondent''s bus in a reckless manner?
(ii) whether the claimant is entitled to receive compensation? If so, what is the quantum of compensation?
On the side of the claimant, four witnesses were examined and seventeen documents were marked as exhibits, viz., F.I.R., wound certificate,
leave reports, admission receipt, hospital receipt, Motor Vehicle Inspector''s report, school certificate, bone pieces, X-rays and disability
certificate. On the side of the respondent, one witness was examined and no document was marked.
P.W.1 the father of the minor claimant had adduced evidence that on 18.08.2004 at about 05.30 p.m., his daughter, after school hours, came to
the Thanikottagam bus stop for boarding the bus. He deposed that while she was in the process of boarding the bus, the driver had started the bus
at a high speed and as a result, she had fallen down on the road and the tyre of the bus ran over her hip. P.W.2, the eyewitness had spoken on the
same line as P.W.1 regarding the mode of accident.
R.W.1, the driver had adduced evidence that the bus was stopped at Thanikottagam bus stop for alighting and boarding of passengers and at
that time, the minor claimant ran from a shop and tried to board the bus and in the process, tripped on a metal stone and fell down and sustained
injuries.
P.W.1 further stated that his injured daughter was rushed to the Thanjavur Medical College Hospital, wherein she was hospitalized for a period
of 40 days as an inpatient. He deposed that she had subsequently underwent treatment at Thiruthuraipoondi Government Hospital, wherein she
had been hospitalized for a period of 34 days as an inpatient. He further adduced evidence that his daughter''s urinal system and abdomen had
been seriously affected and suffered bed sores due to the long period of hospitalization. P.W.2 had adduced evidence that the injured girl had
sustained serious injuries. P.W.4 doctor had adduced evidence that the minor girl had sustained tear injuries on her anus. Due to the serious injuries
puss was emanating through the anus. The doctor further adduced evidence that the girl had sustained bone fracture injuries on her hip and he had
certified that the injured girl had sustained 48% disability. P.W.3 had adduced evidence that the claimant had sustained injuries and her pubic bone
was fractured and it was dislodged from the original location.
On considering the evidence of witnesses, the Tribunal had awarded a sum of Rs. 3,31,000/- as compensation with interest at the rate of 7.5%
per annum.
Against the award, the Transport Corporation has filed the above appeal in C.M.A. No. 2920 of 2009.
The highly competent counsel for the appellant/Transport Corporation vehemently argued that the Tribunal had erroneously awarded a sum of
Rs. 3,00,000/- under the head of ''loss of earning capacity''. The claimant was studying in the class VII and as such, the loss of earning capacity
does not arise. Further, the accident had occurred only due to the negligence of the minor claimant, who had rushed towards the bus in order to
board it and in the process, tripped on a stone and had fallen down and thereby sustained injuries. The doctor had assessed the disability at 48%,
which is on the higher side. No competent Gynecologist was examined to prove that the minor girl had sustained severe injuries on her urinal
system and anus and no medical reports have been marked in this connection. The claimant had not submitted a rough sketch to disclose the scene
of occurrence in order to determine whether the driver of the bus committed the said accident or the injured herself invited the said accident and as
such, the claimant''s side had not proved the case beyond reasonable doubt as against the appellant. Hence, the very competent counsel entreats
the Court to set-aside the award.
Not being satisfied with the quantum of compensation, the claimant has filed Cross Objection in Cros. Obj. No. 77 of 2010 and has sought
additional compensation of a sum of Rs. 2,00,000/-.
The very competent counsel for the appellant/claimant argued that the F.I.R. has been registered against the driver of the bus and the Motor
Vehicle Inspector has conducted an inspection on the offending vehicle and given a report, wherein it was stated that offending bus was in a fit
condition to be operated on the public road. The F.I.R. has been registered by the Traffic Investigation Wing, against the driver of the bus for rash
and negligent driving and this is still in force. The injured minor girl had initially been hospitalized at Thanjavur Government Hospital as inpatient for
a period of 40 days and subsequently, she had been referred to Thiruthuraipoondi Government Hospital for further treatment and she has been
hospitalized for a period of 34 days as inpatient and again she was referred to Thanjavur Government Hospital. Due to unusual long period of
hospitalization, the girl had sustained bed sores. At that time of the accident, she was aged 13 years and studying in class VII. Due to the accident,
she had sustained multiple fracture injuries and her urinal system and anus had been affected. As per doctor''s evidence, she has no prospects of
marital life. After the accident, she is unable to continue her studies though being a brilliant student and in order to prove the same, her attendance
register and school certificate had been marked. The doctor had given 48% disability. During the medical treatment period, puss was passing
through her anus. The Tribunal had not granted adequate compensation under the relevant heads, viz., pain and suffering, attender charges,
nutrition, transport, loss of amenities and loss of comfort, disfigurement and most of all the loss of marital prospects and the discontinuation of
studies. Therefore, the highly competent counsel prays to grant additional compensation to the injured girl.
On verifying the factual position of the case and arguments advanced by the learned counsels on either side and on perusing the impugned
award of the Tribunal, this Court does not find any shortcomings in the conclusions arrived at regarding negligence and liability. However, the
quantum of compensation is on the lower side since the claimant had sustained severe injuries on her hip and abdomen and as a result, she had
sustained multiple bone fracture injuries and her urinal system and anus had been affected. Besides she had undergone medical treatment at two
reputed hospitals for a total period of 74 days as is seen from the evidence of witnesses and medical records. The doctor had assessed the
disability at 48% and the age of the claimant is 13 years and hence this Court reassesses the compensation as follows:--
Rs. 96,000/- is awarded under the head of disability; Rs. 25,000/- is awarded under the head of pain and suffering; Rs. 25,000/- is awarded
under the head of attender charges; Rs. 15,000/- is awarded under the head of transport; Rs. 15,000/- is awarded under the head of medical
expenses; Rs. 25,000/- is awarded under the head of nutrition; Rs. 2,24,000/- is awarded under the head of loss of amenities, loss of comfort, loss
of marital prospects which are of a permanent nature. In total, this Court assesses compensation of a sum of Rs. 4,25,000/-. After deducting the
initial compensation of a sum of Rs. 3,31,000/-, this Court awards Rs. 94,000/- as additional compensation. This amount will carry interest at the
rate of 7.5% per annum from the date of filing the claim petition till date of payment of compensation, as it is found to be appropriate in the instant
case. This Court had already directed the appellant to deposit the entire initial compensation amount with interest and permitted the claimant to
withdraw 50% of the award amount with proportionate interest. Now, this Court directs the appellant/State Transport Corporation to deposit the
additional compensation amount a sum of Rs. 94,000/- with interest as per this Court''s findings within a period of eight weeks from the date of
receipt of a copy of this order.
After such deposit having been made, it is open to the claimant viz., Dheepika to withdraw the entire compensation amount with interest, as per
this Court''s order, lying in the credit of M.C.O.P. No. 245 of 2005, on the file of Motor Vehicle Accidents Claims Tribunal, Sub Court,
Tiruvarur, after filing a Memo/short notes along with a copy of this order and also production of a document pertaining to proof of birth. In the
result, the above appeal in C.M.A. No. 2920 of 2009 is dismissed and Cross Objection in Cros. Obj. No. 77 of 2010 is partly allowed.
Consequently, the order passed in M.C.O.P. No. 245 of 2005, on the file of Motor Vehicle Accidents Claims Tribunal, Sub Court, Tiruvarur,
dated 17.12.2007, is modified. There is no order as to costs. Connected miscellaneous petition is closed.