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Judgment
P.P.S. Janarthana Raja, J.—This appeal is preferred by the Appellant-Transport Corporation against the judgment and Decree dated
10.05.2005 made in M.C.O.P. No. 250 of 2001 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dindigul.
Background facts in a nutshell are as follows:
The injured-claimant Hariharan met with motor traffic accident on 06.06.1999 at about 8.30p.m. When the said injured-claimant was standing in
the Dindigul bus stand, a bus belonging to the Appellant-Transport Corporation bearing Registration No. TN-57-1068 came in a rash and
negligent manner and also at high speed and hit the injured-claimant. Due to the same, the injured-claimant sustained grievous injuries and also
multiple fractures in the hip bone, thigh and the urinary tract was also affected. He claimed a sum of Rs. 7,00,000/-as compensation before the
Tribunal. The Appellant-Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:
Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the Appellant-Transport
Corporation?
Whether the claimant is entitled to any compensation, if so how much and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred due to the rash and negligent driving of the
driver of the bus belonging to the Appellant-Transport Corporation and awarded a compensation of Rs. 4,39,245/-with interest at 9%p.a. from
the date of claim petition. The details of the compensation are as under:
For loss due to 52% disability Rs. 52,000/-
For pain and suffering Rs. 50,000/-
For extra nourishment Rs. 5,000/-
For medical expenses Rs. 2,98,285/-
For transport charges Rs. 33,960/-
Total Rs. 4,39,245/
Aggrieved by that award, the Appellant-Transport Corporation has filed the present appeal.
Learned Counsel appearing for the Appellant/Transport Corporation questioned only the quantum of compensation awarded by the Tribunal
and vehemently contended that the amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. Therefore,
the award passed by the Tribunal is not in accordance with law and the same has to be set aside.
Learned Counsel appearing for the Respondent/claimant has submitted that the Tribunal had considered all the relevant materials and evidence
on record and came to the right conclusion and awarded a just, fair and reasonable compensation. It is a question of fact and also it is based on
valid materials and evidence. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed.
Heard the counsel on either side and perused the materials available on record. On the side of the claimant, P.W.1 to P.W.4 were examined
and documents Exs.P.1 to P.22 were marked. P.W.1 is the injured-claimant. P.W.2 is one Manoharan. P.W.3 is one John, Supervisor in the Raja
Rajeswari Hospital, Dindigul. P.W.4 is Dr. Vijayakumaran. On behalf of the Appellant-Transport Corporation R.W.1-Natarajan, the driver of the
bus was examined and no document was marked to substantiate their claim. 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 Appellant-Transport Corporation. It is a question of fact and it is based on valid materials and evidence. Therefore, the same is confirmed.
The injured-claimant was 19 years old at the time of accident. He is a Student. He completed his +2 examination and also applied for higher
studies i.e. for Engineering. In the evidence of P.W.1, it is stated that only the driver of the bus caused the accident and the driver was also charge-
sheeted by Dindigul Town Police Station in Cr. No. 696 of 1999. Due to the accident, the claimant sustained fractures in the thigh, hip bone and
the urinary tract was also very much affected. He also sustained grievous injuries all over the body. Immediately after the accident, he was admitted
in the Raja Rajeswari Nursing Home, Dindigul and later he was referred to C.M.C. Hospital, Vellore. Further it is stated that he was treated in the
Raja Rajeswari hospital, Dindigul as inpatient from 06.06.1999 to 26.06.1999 and thereafter he was treated for the fracture in the hip and he
undergone a surgery in respect of the urinary tract. Further in the evidence of P.W.1, it is stated that since a surgery was done in the hip and
screws and plates were fixed in the hip, he is unable to walk, stand and sit substantially. He was in the C.M.C. Hospital, Vellore for a period of
three months. P.W.3-John, is the Supervisor in the Raja Rajeswari Hospital, Dindigul. In the evidence of P.W.3, it is stated that the injured-
claimant has taken treatment in the said hospital from 06.06.1999 to 28.06.1999. Later the injured-claimant was referred to C.M.C. Hospital,
Vellore for better treatment. Exs.P.19, P.20 and P.21 are the series of X-rays. Ex.P.18 is the Case Register given by the Raja Rajeswari Hospital,
Dindigul. Ex.P.3 is the Wound Certificate. P.W.4 is Dr. Vijayakumaran, who treated the injured-claimant and in his evidence also, it is stated that
there is a fracture in the injured''s hip bone, thigh and the urinary tract was also affected very much. He determined the disability at 52%. Ex.P.22 is
the Disability Certificate. After considering the above oral and documentary evidence, the Tribunal has award a sum of Rs. 52,000/-towards loss
due to 52% disability. Normally Courts awarded a sum of Rs. 1,000/-to Rs. 2,000/-for each percentage of disability. In the present case, after
considering the fracture in the hip bone, thigh and also the fact that the urinary tract was affected, the Tribunal has correctly awarded a sum of Rs.
52,000/-towards loss due to 52% disability. It is also very reasonable and hence, the same is confirmed. Further, the Tribunal has awarded a sum
of Rs. 50,000/-towards pain and suffering. After taking into consideration the three fractures and the fact that the urinary tract was affected and
that the injured-claimant took treatment in various hospitals for a period of more than four months and that a surgery was also done in the hospital,
the amount awarded by the Tribunal under this head is very reasonable and hence, the same is confirmed. Further, the Tribunal has awarded a sum
of Rs. 5,000/-towards extra nourishment. There is no dispute that since the injured-claimant was admitted in various hospitals and took treatment
for more than four months, definitely he would have taken nutritious and healthy food for speedy recovery. Therefore, the amount awarded by the
Tribunal towards this head is very reasonable and hence, the same is confirmed. The Tribunal has awarded a sum of Rs. 2,98,285/-towards
medical expenses. There is no dispute that originally, the injured-claimant was treated in the Raja Rajeswari Hospital, Dindigul and later he was
referred to C.M.C. Hospital, Vellore. Exs.P.7 to P.14 are the series of Medical Bills given by C.M.C. Hospital, Vellore. It is an actual
expenditure. There is no dispute regarding the same. Therefore, the amount awarded towards this head is very reasonable and hence, the same is
confirmed. Further, the Tribunal has also awarded a sum of Rs. 33,960/-towards Transport charges. The injured-claimant was first admitted in the
Raja Rajeswari Nursing Home in Dindigul. He was taken to Vellore for further treatment. Ex.P.15 are the Transport bills. It is an actual
expenditure. Therefore, the Tribunal has correctly awarded a sum of Rs. 33,960/-towards Transport Charges and hence, it is confirmed. The
Tribunal has awarded interest at 9% p.a. After taking into consideration of the date of accident, date of award and prevailing rate of interest during
that period, the interest rate awarded by the Tribunal at 9%p.a. from the date of petition, is reasonable and hence the same is confirmed.
The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or illegality in the order of the Tribunal
so as to warrant interference. It is a question of fact. It is not a perverse order. Therefore, the award passed by the Tribunal is in accordance with
law and hence the same is confirmed.
In the result, the Civil Miscellaneous Appeal is devoid of merits and hence it is dismissed. No costs.