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Judgment
P.P.S. Janarthana Raja, J.—This Civil Miscellaneous Appeal is filed by the Transport Corporation against the judgment and decree made in
MCOP No. 138 of 1998 dated 31.03.2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial
Magistrate) Vellore District, Vellore.
Background facts in a nutshell are as follows:
The respondent / claimant was injured in a motor accident on 24.07.1995 at about 7.00 a.m. The claimant Malarvizhi along with one Vijaya and
one Kangammal were waiting in the Arni-Vellore Main Junction Road at Kannamangalam. At that time, a bus bearing Registration No. TN-23-N-
0524 belonging to the appellant / Transport Corporation, without evening sounding the horn, came from the Vellore side and dashed against the
above three persons. Due to the accident, the said Vijaya and Kangammal died on the spot and the claimant sustained grievous injuries. The
claimant claimed a compensation of Rs. 2,50,000/- before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings,
the Tribunal framed the following issues:
a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus or not?
b) Whether the claimant is entitled for any compensation? If so, what is the amount and from whom?
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 bus driver and awarded a compensation of Rs. 1,50,000/- with interest at 9% p.a. from the date of petition. The details of the compensation
are as under:
Rupees
Pain and suffering 13,000/-
Injuries 12,000/-
Transport and
Extra nourishment 13,000/-
Medical expenses 12,000/-
Loss of income 18,000/-
Loss of earning capacity 20,000/-
Shortened life expectancy 10,000/-
Loss of marriage avocation 12,000/-
Loss of disfigurement 15,000/-
Disability 25,000/-
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Total 1,50,000/-
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Aggrieved by the award, the Transport Corporation has filed the present appeal.
Learned Counsel appearing for the Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and stated
that it is excessive and exorbitant, without basis and justification, and that therefore, the order 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 submitted that the Tribunal had considered all the relevant materials and evidence
available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the
Tribunal is in accordance with law and the same has to be confirmed.
Heard the counsel. On the side of the claimant, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P5 were marked. On
the side of the Transport Corporation, one Munuswamy, driver of the bus, was examined as R.W.1 and no documents were marked. P.W.1 is the
claimant. P.W.2 is the Doctor. Given below is the list of exhibits marked on the side of the claimant:
Ex.P1-First Information Report
Ex.P2-Discharge Summary
Ex.P3-Bills
Ex.P4-Wound Certificate
Ex.P5-Disability Certificate
After considering the above materials and evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash
and negligent driving of the bus driver. The finding given by the Tribunal is based on valid materials and evidence.
The claimant was 23 years old at the time of accident. She is a agricultural coolie. It was claimed that she is earning a sum of Rs. 750/- per
month. Due to the accident, she sustained grievous injuries and fracture of the right leg. Due to the same, she is unable to walk and stand for a
substantial period of time. After the accident, she was taken to the Government Hospital and later she was admitted as in-patient in the C.M.C.
Hospital, Vellore from 24.07.1995 to 03.08.1995. P.W.1, the claimant, herself has given evidence that she took treatment for two weeks as in-
patient in the C.M.C. Hospital, Vellore and claimed a sum of Rs. 50,000/- towards medical expenses. Ex.P3 is the series of medical bills for
having incurred expenditure for Rs. 11,817.10. Taking into consideration of the same, the Tribunal has correctly awarded Rs. 12,000/- towards
medical expenses. It is an actual expenditure and hence it is confirmed. P.W.2, the Doctor, has examined the claimant and stated that there was a
fracture in the right leg and also there was shortening of the right leg to the extent of 2 Cm. Due to the accident, she is unable to stand for a
substantial period of time and she is unable to walk and do the work as before. Also there was a deep wound at 6 to 10 Cm at the right foot and
because of the same, there is no movement of the toes. Accordingly, the disability of the claimant was assessed at 35% by the Doctor. Ex.P5 is the
Disability Certificate. Taking into consideration of the same, the Tribunal awarded only Rs. 25,000/- towards 35% disability. After considering the
facts and circumstances of the case and also the fact that she is a agricultural coolie, I feel that it would be appropriate and reasonable to award a
further sum of Rs. 10,000/- towards this head. Normally the Courts award between Rs. 1,000/- to Rs. 2,000/- per percentage of disability. Hence
the amount towards disability is modified from Rs. 25,000/- to Rs. 35,000/-. The Tribunal has awarded a sum of Rs. 13,000/- towards pain and
suffering and Rs. 12,000/- towards injuries. Ex.P4 is the Wound Certificate. After taking into consideration of the same, I feel that the amounts
awarded by the Tribunal for pain and suffering at Rs. 13,000/- and for injuries at Rs. 12,000/- is very reasonable and hence they are confirmed.
The Tribunal has awarded a consolidated sum of Rs. 13,000/- towards transport and extra nourishment. After taking into consideration of the fact
that the claimant was first admitted in the Government Hospital and then later admitted as in-patient in the C.M.C. Hospital, Vellore, I feel that the
consolidated amount awarded by the Tribunal for transport and extra nourishment at Rs. 13,000/- is very reasonable and hence it is confirmed.
The Tribunal has awarded a sum of Rs. 18,000/- towards loss of income. Taking into consideration of the fact that the claimant was a agricultural
coolie and she was earning Rs. 750/- per month, time taken for the treatment and also the nature of injuries, I feel that the Tribunal has correctly
awarded Rs. 18,000/- towards loss of income and hence it is confirmed. The Tribunal has awarded a sum of Rs. 10,000/- towards shortened life
expectancy, Rs. 12,000/- towards loss of marriage avocation and Rs. 15,000/- towards loss of disfigurement. After taking into consideration the
nature of injuries stated above and also the age of the claimant, i.e. 23 years at the time of accident and also the fact that because of the accident,
her marriage prospects have been affected and also the disfigurement, I feel that the Tribunal has correctly awarded a sum of Rs. 10,000/-
towards shortened life expectancy, Rs. 12,000/- towards loss of marriage avocation and Rs. 15,000/- towards loss of disfigurement and hence
they are confirmed. The Tribunal has not awarded any amount towards medical expenses for future treatment. After taking into consideration of
the nature of injuries and also Ex.P4-Wound Certificate and Ex.P5-Disability Certificate, I feel that it would be appropriate and reasonable to
award a sum of Rs. 10,000/- towards this head. The Tribunal has awarded a sum of Rs. 20,000/- towards loss of earning capacity. It is to be
noted that the Tribunal had already awarded amounts towards pecuniary damages under various heads and also awarded a sum of Rs. 25,000/-
towards disability. In view of the same and also following the principles enunciated in the Full Bench decision of this Court in the case of Cholan
Roadways Corporation Ltd. Vs. Ahmed Thambi and Others, , the amount awarded by the Tribunal at Rs. 20,000/- towards loss of earning
capacity is unwarranted and accordingly the same is set aside. The details of the modified compensation are as under:
Rupees
Pain and suffering 13,000/-
Injuries 12,000/-
Transport and
Extra nourishment 13,000/-
Medical expenses 12,000/-
Loss of income 18,000/-
Shortened life expectancy 10,000/-
Loss of marriage avocation 12,000/-
Loss of disfigurement 15,000/-
Disability 35,000/-
Medical expenses for
future treatment 10,000/-
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Total 1,50,000/-
==========
Therefore the claimant is entitled to the compensation of Rs. 1,50,000/-. The Tribunal has awarded interest at 9% p.a. from the date of petition.
Taking into consideration the date of the accident, i.e., 24.07.1995, and also the interest rate of 9% p.a. was the prevailing rate at that time, the
interest rate awarded by the Tribunal at 9% p.a. from the date of petition is confirmed. Even though the award amounts relating to the individual
heads have been modified, the total compensation remains the same.
It is stated that the appellant / Transport Corporation has already deposited the entire compensation awarded by the Tribunal. Therefore, the
claimant is permitted to withdraw the same.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, C.M.P. Nos. 1238 of 2004 and 3347 of 2007 are closed. No costs.