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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 01.04.2008 made in M.C.O.P. No. 412 of 2004 on the file of the Motor Accidents Claims Tribunal, III Additional Sub-Court, Trichy.
Background facts in a nutshell are as follows:
The injured-Panneerselvam met with motor traffic accident that took place on 02.10.2003 at about 6.30a.m. The said injured was travelling from Trichy to Karur in a bus belonging to the Appellant-Transport Corporation bearing Registration No. TN-45-N-1123 in the Trichy-Karur Main Road. The driver of the bus drove the bus in a rash and negligent manner and also at high speed due to which the bus went out of control and hit against a road side tree on the left side. Due to the said impact, the injured-claimant sustained multiple grievous injuries all over the body. He claimed a sum of Rs. 3,00,000/-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 for 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 driver of the bus belonging to the Appellant-Transport Corporation and awarded a compensation of Rs. 1,01,090/-with interest at 7.5% per annum from the date of petition. The details of the compensation are as under:
For lossdue to 23% disability Rs. 46,000/- For pain and suffering Rs. 10,000/- For extra nourishment Rs. 5,000/- For transport charges Rs. 5,000/- For Medical expenses Rs. 35,090/- ---------------- Total Rs. 1,01,090/ ---------------- 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 contended that the compensation awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. He further submitted that the Tribunal has wrongly awarded a sum of Rs. 46,000/-towards loss due to 23% disability and a sum of Rs. 5,000/-towards transport charges, 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 Respondent-claimant, P.W.1 and P.W.2 were examined and documents Exs.P.1 to P.7 were marked. P.W.1 is the injured claimant. P.W.2 is Dr. Rajendran. Ex.P.1 is the copy of the First Information Report. Ex.P.2 is the Discharge Summary given by K.M.C. Hospital, Trichy. Ex.P.3 are the series of Medical bills. Ex.P.4 are the photographs to show that a surgery was done to the injured-claimant. Ex.P.5 is the Identity Card. Ex.P.6 is the Disability Certificate. Ex.P.7 is the X-ray. On the side of the Appellant-Transport Corporation, the driver of the bus was examined as R.W.1 and no document was marked to substantiate their claim. 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 belonging to the Appellant-Transport Corporation. It is a question of fact and also it is based on valid materials and evidence. Hence, the same is confirmed.
The injured-claimant was 32 years old at the time of accident. In the evidence of P.W.1, it is stated that he is a Soldier in the Indian Army and he is earning a sum of Rs. 10,000/-per month. Further in his evidence it is stated that only the driver of the bus has caused the accident and the driver was charge-sheeted by Jeeyapuram Police Station in Cr. No. 484 of 2003, under Sections 279, 337 I.P.C. Further it is stated that due to the accident, he sustained multiple grievous injuries all over the body including injuries on face, left leg, left cheek, fracture of left hand elbow and left wrist. Immediately after the accident, the injured-claimant was admitted in the Government Hospital, Trichy and later, he was referred to the K.M.C. Hospital, Trichy. Due to the same, he is not able to do his work as before. P.W.2 is the doctor, who examined the claimant. In the evidence of P.W.2, it is stated that there is a restriction in the movement of the left shoulder of the injured and also it is very difficult for the injured to bend his left hand. P.W.2 determined the disability of the injured-claimant at 23%. Ex.P.6 is the Disability Certificate issued to that effect. Ex.P.7 is the X-ray. Ex.P.4 are the photographs showing that a surgery was done to the injured-claimant. After considering the facts and circumstances of the case, the Tribunal has awarded a sum of Rs. 46,000/-towards loss due to 23% disability. Normally, Courts award a sum of Rs. 1,000/-to Rs. 2,000/-for each percentage of disability. The learned Counsel for the Appellant-Transport Corporation vehemently contended that a sum of Rs. 2,000/-for each percentage of disability awarded by the Tribunal is excessive. Taking into consideration the nature of injuries, it is reasonable to award a sum of Rs. 1,850/-for each percentage of disability. If a sum of Rs. 1,850/-is awarded for each percentage of disability, the loss due to 23% disability works out to Rs. 42,550/-. Therefore the loss due to 23% disability stands modified to Rs. 42,550/-. The Tribunal has awarded a sum of Rs. 10,000/-towards pain and suffering. There is no dispute that the injured-claimant was in the hospital from 02.10.2003 to 07.10.2003 and also he has taken treatment in various hospitals. Therefore, the amount awarded by the Tribunal towards 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. It is also very reasonable and hence, the same is confirmed. The Tribunal has also awarded a sum of Rs. 5,000/-towards transport charges. There is no bill available on record for the transport charges. After taking into consideration of the facts and circumstances of the case, it is reasonable to award a sum of Rs. 2,500/-towards transport charges as against the sum of Rs. 5,000/-awarded by the Tribunal. The Tribunal has awarded a sum of Rs. 35,090/-towards Medical expenses. Ex.P.3 are the series of Medical bills. There is no dispute that the injured-claimant has taken treatment in various hospitals. It is an actual expenditure. It is also very reasonable and hence, the same is confirmed. Further, the Tribunal has also awarded 7.5% interest p.a. from the date of petition. After taking note of the date of accident, the date of award and also the prevailing rate of interest during the relevant period, the interest rate awarded by the Tribunal at 7.5%p.a. from the date of petition is very reasonable and hence, the same is confirmed.
The details of the modified compensation as per the above discussion are as under:
For loss due to 23% disability Rs. 42,550/- For pain and suffering Rs. 10,000/- For extra nourishment Rs. 5,000/- For transport charges Rs. 2,500/- For Medical expenses Rs. 35,090/- ------------------- Total Rs. 95,140/- ------------------- The claimant is entitled to the modified compensation of Rs. 95,140/-with interest at 7.5% per annum from the date of petition as against the sum of Rs. 1,01,090/-with interest at 7.5% per annum awarded by the Tribunal.
It is stated by the learned Counsel for the Appellant that the Appellant has not deposited the award amount as per the earlier order of this Court. Therefore, the Appellant-Transport Corporation is directed to deposit the modified compensation of Rs. 95,140/-with interest at 7.5%p.a. from the date of petition till the date of deposit, less the amount if any 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, on making proper application.
With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.