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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the appellant/Transport Corporation against the award and decree of the Motor
Accidents Claims Tribunal (Sub Court, Hosur) in M.C.O.P. No. 104 of 2003 dated 18.08.2005.
Back ground facts in a nutshell are as follows:
The respondent/injured met with motor vehicle accident on 12.10.2002 at about 10.30 a.m. While she was travelling in the bus bearing
Registration No. T.N.29-N-1207 from Thally to Hosur, the driver of the bus came in a rash and negligent manner and hit behind the lorry bearing
Registration No. KA-5-B 6579 which was proceeding in front of the bus. Due to the same, the injured and others who were travelling in the bus
sustained injuries. As a result of the accident, the injured sustained grievous injuries all over his body. Immediately she was admitted in the Meera
Nursing Home, Hosur as in patient. The claimant claimed a compensation of Rs. 5,00,000/-. 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 respondent/bus driver or not?
What is the compensation, the claimant is entitled to? 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 driver of the bus belonging to the appellant and awarded a compensation of Rs. 2,00,000/- with interest at 9% per annum from the date of
petition and the details of the same are as under:
Loss of income Rs. 35,000/-
Pain and suffering Rs. 60,000/-
Permanent disability Rs. 80,000/-
Medical expenses, Transport charges
and Extra nourishment Rs. 25,000/-
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Total Rs. 2,00,000/-
Aggrieved by that award, the appellant/Transport Corporation has filed the present appeal.
The learned Counsel appearing for the appellant-Transport Corporation questioned only the quantum of compensation awarded by the Tribunal
and contended that the amount awarded by the Tribunal is excessive, exorbitant and also without basis and justification and that 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 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. Hence the order of 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, P.Ws.1 to 3 were examined and documents
Exs.P1 to P11 were marked. On the side of the respondent, RW1/Chennakrishnan was examined and no documents were marked to substantiate
their claim. P.W.1 is the injured-claimant. PW3/T.V. Gandhi is the Doctor. Ex.P1 is the copy of the First Information Report. Ex.P2 is the wound
certificate. Ex.P3 is the scan report for bone. Ex.P4 is the medical bills. Ex.P5 is the Transport bills. Ex.P7 is the wound certificate issued by
Doctor Gandhi. Ex.P8 and Ex.P9 are the x-rays. After considering the 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 and the finding is based on valid materials and
evidence.
The claimant was aged about 58 years at the time of the accident. She is running Tea Stall and Petty Shop. She claimed that she was earning Rs.
6,000/- per month. PW1-claimant, in her evidence, has stated that the accident was occurred only due to the rash and negligent driving of the
driver of the bus/Transport Corporation and he was also charge sheeted under Sections 279, 337 of IPC by the Traffic Police Station,
Dharmapuri District in Crime No. 197 of 2002. She has further stated that she sustained multiple fractures at left hip, lower limb and neck.
Immediately, she was admitted in Meera Nursing Home, Hosur and took treatment from 12.10.2002. She has further stated that due to the
accident she was not able to sit, stand, walk, climb and not able to do the work as before. PW3/Doctor who examined the claimant has fixed the
disability at 60% and marked Ex.P8 and Ex.P9 are the X-rays. The Tribunal has awarded a sum of Rs. 80,000/- towards 60% permanent
disability which is very meagre. Considering the nature of the injuries, it is reasonable to award a sum of Rs. 1,25,000/- towards permanent
disability. The Tribunal has awarded a sum of Rs. 35,000/- towards loss of income which is very high. Considering the facts and circumstances of
this case, there is no evidence to show the salary of the claimant. Therefore, it is reasonable to award a sum of Rs. 10,000/- towards loss of
income. The Tribunal has awarded a sum of Rs. 60,000/- towards pain and sufferings which is very high. Considering the nature of the injuries, it is
reasonable to award a sum of Rs. 10,000/- towards pain and sufferings. The Tribunal has awarded a consolidated sum of Rs. 25,000/- towards
medical expenses, transport charges and extra nourishment. Ex.P4 is the medical bills. Ex.P5 is the Transport bills. It is the actual expenditure
incurred by the claimant. It it very reasonable and therefore the same is confirmed. The Tribunal has not awarded any sum towards loss of
amenities. Considering the facts and circumstances of this case, it is reasonable to award a sum of Rs. 5,000/- towards loss of amenities.
Considering the prevailing rate of interest during the treatment period, the interest awarded by the Tribunal at 9% is very reasonable and the same
is confirmed. The details of the modified compensation as per the above discussion are as under:
Loss of income Rs. 10,000/-
Pain and suffering Rs. 10,000/-
Permanent disability Rs. 1,25,000/-
Medical expenses,
Transport charges
and Extra nourishment Rs. 25,000/-
Loss of amenities Rs. 5,000/-
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Total Rs. 1,75,000/-
Therefore, the claimant is entitled to the compensation of Rs. 1,75,000/- with interest at 9% per annum as against Rs. 2,00,000/- awarded by the
Tribunal.
It is stated that the appellant/Transport Corporation has already deposited the entire award amount passed by the Tribunal as per the order of
this Court dated 15.12.2005. Therefore, the respondent-claimant is entitled to the modified award amount of Rs. 1,50,000/- with interest at 9%
per annum less the amount already withdrawn on making proper application. The appellant/Transport Corporation is permitted to withdraw the
balance amount on making proper application.
With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.