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Judgment
P.P.S. Janarthana Raja, J.—The Civil Miscellaneous Appeal is filed by the Transport Corporation against the award and decreetal order
dated 15.12.2005 made in MACT.OP No. 201 of 2005 on the file of the Motor Accidents Claims Tribunal (II Additional Sub Judge, Erode).
Background facts in a nutshell are as follows:
The claimant was injured in a motor accident on 16.02.2004 at about 9.30 a.m. The claimant was riding his TVS-50 moped bearing Registration
No. TN-28-V-6906 in the Erode-Perundurai Road from east to west, at a moderate speed. At that time, a bus belonging to the
appellant/Transport Corporation, bearing Registration No. TN-33-N-1756, driven by its driver in a rash and negligent manner, came from behind
and dashed against the moped. Due to the accident, the claimant sustained injuries all over the body. The claimant claimed a compensation of Rs.
2,75,000/- but restricted the claim to Rs. 2,00,000/- 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 bus driver or not?
b) Whether the claimant is entitled to get any compensation or not? If so, what is the amount payable 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. 53,300/- with interest at 7.5% p.a. from the date of petition. Aggrieved by the order, the
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
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 first respondent/claimant submitted that the Tribunal had considered all the relevant materials and evidence
available on record and awarded a just, fair and reasonable compensation. It is therefore submitted that the order passed of the Tribunal is in
accordance with law and the same should be confirmed.
Heard the counsel. On behalf of the claimant, witnesses P.W. 1 and P.W. 2 were examined and documents Ex. A1 to Ex. A10 were marked.
On behalf of the Transport Corporation, one Sampath, the 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:
Ex. A1-Certified copy of First Information Report
Ex. A2-Certified copy of Rough Sketch
Ex. A3-Certified copy of Observation Mahazar
Ex. A4-Certified copy of Motor Vehicle Inspector''s Report (bus)
Ex. A5-Certified copy of Motor Vehicle Inspector''s Report (TVS-50 moped)
Ex. A6-Certified copy of Accident Register
Ex. A7-Certified copy of Charge Sheet
Ex. A8-Disability Certificate (Original)
Ex. A9-X-ray film
Ex. A10-X-ray bill
After considering these 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 bus driver belonging to the appellant/Transport Corporation. The finding of the Tribunal is based on valid materials
and evidence.
The Tribunal has awarded a compensation of Rs. 53,300/- with interest at 7.5% p.a. from the date of petition. The details of the compensation
are as under:
Rupees
Pain and suffering and
the resultant disability 25,000/-
Loss of earning power 27,300/-
Transport and extra nourishment 1,000/-
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Total... 53,300/-
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The claimant was 45 years at the time of accident. He was a carpenter. The claimant claimed that he was earning a sum of Rs. 7,500/- per month.
Due to the accident, the claimant sustained the following injuries:
a) Contusion left eye with black eye
b) Contusion with abrasion left frontal region
5 x 1 x 1cm with bleeding through nose and left ear.
The claimant was taking treatment as in-patient from 16.03.2004 to 30.03.2004, i.e., for a period of 14 days in the Government Hospital, Erode.
It was stated that due to the injuries, he is unable to walk substantial distance and also he is unable to stand for a long time. It was also stated that
he is unable to continue his carpentry work as before. P.W. 2, the Doctor, has given evidence that he examined the claimant on 18.11.2004 and
X-ray was also taken, which is Ex. A9. From the said X-ray, he found that there is malunion of the fractured 7th, 8th and 9th ribs on the right side
and also the chest expanding power was reduced by 3cm and it caused pain to the petitioner when he does his carpentry work. Hence the Doctor
estimated the partial permanent disability at 14%. Ex. A6 is the certified copy of Accident Register which also confirms the same. After considering
the above injuries, the Tribunal awarded a consolidated sum of Rs. 25,000/- towards pain and suffering and the resultant disability, and the break-
up of the same are as under:
a) Pain and suffering Rs. 10,000/-
b) Grievous injuries and the Rs. 15,000/-
resultant disability
After taking into consideration the injuries stated above, I feel that the amount awarded by the Tribunal at Rs. 10,000/- towards pain and suffering
is very reasonable and hence it is confirmed. Further the Tribunal has also awarded a sum of Rs. 27,300/- towards loss of earning power. After
taking into consideration the age of the claimant, i.e. 45 years at the time of accident, the Tribunal adopted the multiplier of 13 and fixed the annual
income at Rs. 15,000/- on the ground that there is no material available to substantiate the claim of the claimant that he is earning Rs. 7,500/- per
month and arrived at Rs. 27,300/- towards loss of earning power as under:
Rs. 15,000/- x 14/100 x 13 = Rs. 27,300/-
The Tribunal merely awarded Rs. 15,000/- towards grievous injuries without basis and also awarded a sum of Rs. 27,300/- towards loss of
earning power. The amounts awarded by the Tribunal towards grievous injuries and loss of earning power are not based on valid materials and
evidence and hence the same are set aside. When there is a disability of 14%, the Tribunal ought to have awarded the compensation on the basis
of the disability as there is no special circumstances in the present case. Hence it would be appropriate and reasonable to award a consolidated
sum of Rs. 30,000/- under the head disability for the disability of 14%. Further the Tribunal has awarded a consolidated sum of Rs. 1,000/-
towards transport and extra nourishment, which is very low and meagre. It would be appropriate and reasonable to award a sum of Rs. 4,000/-
towards transport and Rs. 5,000/- towards extra nourishment. Hence the amounts awarded by the Tribunal towards transport and extra
nourishment are modified to Rs. 4,000/- and Rs. 5,000/- respectively. The details of the modified compensation are as under:
Rupees
Pain and suffering 10,000/-
Disability 30,000/-
Transport expenses 4,000/-
Extra nourishment 5,000/-
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Total... 49,000/-
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Therefore, the claimant is entitled to the modified compensation of Rs. 49,000/- as against the compensation of Rs. 53,300/- awarded by the
Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence it is confirmed.
It is stated that the Transport Corporation had already deposited 50% of the compensation awarded by the Tribunal, as per the order of this
Court dated 19.07.2006. Hence, the appellant/Transport Corporation is directed to deposit the modified amount of Rs. 49,000/- with interest at
7.5% p.a. from the date of petition, after adjusting the amount already deposited, within a period of four weeks from the date of receipt of a copy
of this order. On such deposit, the claimant is permitted to withdraw the same.
The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P.No. 1 of 2006 is closed. No costs.