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Judgment
P.P.S. Janarthana Raja, J.—These Civil Miscellaneous Appeals are filed against the Judgment and Decree made in MCOP No. 193 of
1996 dated 24.06.1999 on the file of the Motor Accidents Claims Tribunal, Sub Court, Cuddalore.
Background facts in a nutshell are as follows:
The claimant Rajendran was injured in a road traffic accident on 17.05.1995 at about 9.00 a.m. The claimant was returning from the book-shop in
a bicycle from Venugopalapuram, Cuddalore. At that time, an auto-rickshaw bearing Registration No. TN-31-6955, came at high speed in a rash
and negligent manner, and dashed against the claimant. Due to the accident, the claimant sustained injuries all over the body. The claimant claimed
a compensation of Rs. 2,96,000/- before the Tribunal. The said auto-rickshaw was insured with the Insurance Company, who is the second
respondent in CMA No. 1683 of 1999 and appellant in CMA No. 919 of 2000. The Insurance Company 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 auto-rickshaw or not?
b) Whether the claimant is entitled to receive 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 auto-rickshaw driver and awarded a compensation of Rs. 81,000/- with interest at 12% p.a. from the date of petition. Aggrieved by the
award, the claimant has filed CMA No. 1683 of 1999 and the Insurance Company has filed CMA No. 919 of 2000.
Learned Counsel appearing for the Insurance Company submitted that they are not liable to pay any compensation to the claimant and the
owner of the vehicle alone is liable. Therefore it is submitted that the Court may consider and pass orders that the Insurance Company shall pay the
amount to the claimant and then recover the same from the owner of the vehicle. Alternatively, he submitted that the compensation awarded by the
Tribunal 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 claimant submitted that the Tribunal has awarded a very meagre sum as compensation. It is also submitted
that the Tribunal had not considered the relevant materials and evidence and hence the compensation awarded by the Tribunal is unjustified and
unreasonable. Further it is submitted that this is a fit case for enhancement.
Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P16 were marked. On
the side of the Insurance Company, witnesses R.W.1 and R.W.2 were examined and documents Ex.R1 to Ex.R4 were marked. P.W.1 is the
claimant. P.W.2 is Dr. Chandran. P.W.3 is one Jaisingh. R.W.1 is one Shahul Hameed, who is working as Junior Assistant in the Regional
Transport Office. R.W.2 is one Muralikrishnan who is working as Assistant Zonal Manager in the Insurance Company. Given below is the list of
exhibits:
Ex.P1-Copy of First Information Report.
Ex.P2-Copy of Motor Vehicle Inspector''s Report.
Ex.P3-Wound Certificate given by the Government Hospital, Cuddalore.
Ex.P4-Copy of judgment in STC No. 157/96 by Judicial Magistrate, Cuddalore.
Ex.P5-Slips given by the Cuddalore Hospital with regard to admission and discharge of the claimant.
Ex.P6-Card given by the Bone & Joint Clinic with regard to admission and discharge of the claimant.
Ex.P7, Ex.P8 and Ex.P9-Receipts given by Krishna Hospital, Cuddalore.
Ex.P10-Receipt given by Bone & Joint Clinic, Chennai for taking X-ray.
Ex.P11 & Ex.P12-Copies of receipts given by the Chennai Hospital to the claimant.
Ex.P13-Series of x-rays.
Ex.P14-Disability Certificate.
Ex.P15-Receipts for the taxi hire charges from Cuddalore to Chennai.
Ex.P16-Trip Sheets given by the taxi driver pertaining to the claimant''s travel.
Ex.R1-Copy of Driving Licence of the auto-rickshaw driver.
Ex.R2-Copy of the letter denying the renewal of the Eligibility Certificate.
Ex.R3-Insurance Policy of the auto-rickshaw
Ex.R4-Copy of notice issued to the owner of the auto-rickshaw by the Advocate of the Insurance Co.
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 auto-rickshaw driver. The finding given by the Tribunal is based on valid materials and evidence.
The Tribunal has awarded a compensation of Rs. 81,000/- with interest at 12% p.a. from the date of petition. The details of the compensation
are as under:
Rupees
Medical expenses 42,000/-
Pain and suffering 10,000/-
Transport expenses 3,000/-
Disability 25,000/-
---------
Total... 80,000/-
=========
The total amount comes to Rs. 80,000/-, but the Tribunal has awarded Rs. 81,000/- which is a totalling error. Counsel appearing on both the sides
have also agreed that there is a totalling error and the correct award amount should be Rs. 80,000/- instead of Rs. 81,000/- awarded by the
Tribunal. There is no dispute regarding the same.
Learned Counsel appearing for the Insurance Company submitted that they are not liable to pay any compensation to the claimant and the
owner of the vehicle alone is liable. This Court has already permitted private notice to be served on to the second respondent in CMA No. 919 of
2000, who is the owner of the auto-rickshaw, on 22.06.2007, but no steps have been taken by the Insurance Company till today. Hence the
argument of the counsel for the Insurance Company that they are not liable to pay any compensation to the claimant and the other argument that
paying the compensation by the Insurance Company to the claimant and recover the same from the owner of the vehicle, are rejected.
The claimant was 17 years old at the time of accident. He was studying in the school at the time of accident. At the time of giving evidence, he
was studying B.Com in the College. Due to the accident, he sustained multiple injuries all over the body. After the accident, the claimant took
treatment in the Government Hospital, Cuddalore and later in the Bone & Joint Clinic, Anna Nagar, Chennai. He also took treatment in the
Krishna Hospital, Cuddalore. Ex.P3 is the Wound Certificate given by the Government Hospital, Cuddalore. Ex.P5 are the slips given by the
Cuddalore Hospital with regard to admission and discharge of the claimant. Ex.P6 is the card given by the Bone & Joint Clinic with regard to
admission and discharge of the claimant. Ex.P7, Ex.P8 and Ex.P9 are the receipts given by the Krishna Hospital, Cuddalore for the treatment
taken by the claimant on 17.05.1995, 20.05.1995 and 20.06.1995. P.W.2, the Doctor, assessed the claimant and stated that the claimant is
unable to bend, sit and walk for a substantial period of time. He also stated that there was a surgery in the left thigh and hence there is difficulty in
the movement. He also stated that due to the injuries, the claimant''s left leg has been shortened to the extent of 1Cm and had given Disability
Certificate, which is Ex.P14, wherein the disability of the claimant is stated as 35%. However, the Tribunal fixed the disability at 25% and awarded
a sum of Rs. 25,000/- towards disability. Normally the Courts award between Rs. 1,000/- to Rs. 2,000/- per percentage of disability. After taking
into consideration the facts and circumstances of the case and also the evidence of the Doctor, I feel that it would be appropriate and reasonable
to award a sum of Rs. 15,000/- more towards disability. Therefore, the amount awarded by the Tribunal at Rs. 25,000/- towards disability is
modified to Rs. 40,000/-. Ex.P7, Ex.P8 and Ex.P9 are the receipts given by Krishna Hospital, Cuddalore. Ex.P10 is the receipt given by Bone &
Joint Clinic, Chennai for taking X-ray. Ex.P11 and Ex.P12 are the copies of receipts given by the Chennai Hospital to the claimant. Taking into
consideration of these evidence, the Tribunal has awarded a sum of Rs. 42,000/- towards medical expenses. It is an actual expenditure and hence
it is confirmed. The Tribunal has awarded a sum of Rs. 10,000/- towards pain and suffering. After taking into consideration the nature of injuries, I
feel that the amount awarded by the Tribunal towards pain and suffering at Rs. 10,000/- is very reasonable and hence it is confirmed. The Tribunal
has awarded a sum of Rs. 3,000/- towards transport expenses. Ex.P15 are the receipts for the taxi hire charges from Cuddalore to Chennai.
Ex.P16 are the Trip Sheets given by the taxi driver pertaining to the claimant''s travel. After considering these exhibits, I feel that the amount
awarded by the Tribunal towards transport expenses at Rs. 3,000/- is very reasonable and hence it is confirmed. The Tribunal has awarded
interest at 12% p.a. from the date of petition, which is excessive. Taking into consideration the fall of interest rate over the years, it would be
appropriate to reduce the interest rate to 9% p.a. from the date of petition. The details of the modified compensation are as under:
Rupees
Medical expenses 42,000/-
Pain and suffering 10,000/-
Transport expenses 3,000/-
Disability 40,000/-
---------
Total... 95,000/-
=========
Therefore the claimant is entitled to the modified compensation of Rs. 95,000/- as against the compensation of Rs. 80,000/- awarded by the
Tribunal. Therefore the claimant is entitled to the enhanced amount of Rs. 15,000/- with 7.5% p.a. from the date of petition. The interest rate of
7.5% p.a. from the date of petition is applicable only for the enhanced amount of Rs. 15,000/-.
To sum up:
In respect of CMA No. 1683 of 1999 filed by the claimant, the claimant is entitled to the enhanced sum of Rs. 15,000/- with interest at 7.5% p.a.
from the date of petition. In respect of CMA No. 919 of 2000 filed by the Insurance Company, the interest rate is reduced from 12% to 9% for
the amount awarded by the Tribunal. Therefore, both the CMA Nos. 1683 of 1999 and 919 of 2000 are partly allowed. No costs.
It is stated that the Insurance Company has already deposited the entire compensation awarded by the Tribunal. Therefore the Insurance
Company is directed to deposit the enhanced sum of Rs. 15,000/- with interest at 7.5% p.a. from the date of petition, after taking into
consideration the rate of interest which has been reduced from 12% to 9% for the amount awarded by the Tribunal in respect of CMA No. 919 of
2000 filed by the Insurance Company, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant
is permitted to withdraw the same.