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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the Transport Corporation against the judgment and decree passed in MCOP No.
25 of 2005 dated 24.07.2007 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court, Ramanathapuram.
When the matter is taken up for admission, the same was opposed by Mr. K. Kumaravel, the counsel for the Respondent / claimant, and by
consent of the learned Counsel of both the parties, the Civil Miscellaneous Appeal is taken up for final disposal.
Background facts in a nutshell are as follows:
The injured-minor Lokinth met with motor vehicle accident that took place on 29.05.2005 at about 16.00 hours. The said injured, along with his
uncle Sankaran were travelling as passengers in the bus bearing Registration No. TN-58-N-0412 belonging to the Appellant / Transport
Corporation, in the route Nagercoil to Madurai. The driver of the bus drove the bus in a rash and negligent manner. Another City Bus bearing
Registration No. TN-67-N-0141 was stationed at Sivakasi Road near Athuppalam in front of a cycle stand and from that bus, the passengers
were coming out. At that time, the bus in which the claimant was travelling, tried to overtake the City Bus, without leaving sufficient space. In that
process, the injured-minor sustained grievous injuries all over the body resulting in the amputation of his left hand fingers. The claimant claimed a
sum of Rs. 6,00,000/- as compensation. The Appellant-Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following
issues:
Whether the accident took place due to the rash and negligent driving of the driver of the bus belonging to the Appellant-Transport Corporation
or not?
Whether the claimant is entitled to compensation? If so to what extent?
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 sum of Rs. 1,54,300/- as compensation with interest at
7.5% p.a. from the date of petition. The details of the compensation are as follows:
Rupees
Pain and suffering 50,000/-
Medical bills 24,307/-
Transport expenses 10,000/-
Extra nourishment 5,000/-
Loss due to 21% disability 20,000/-
Loss of income 45,000/-
Total... 1,54,307/-
(Rounded off to Rs. 1,54,300/-)
Aggrieved by the award of the Tribunal, the AppellantTransport Corporation has filed the present appeal.
Learned Counsel for the Appellant/Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and
vehemently contended that the compensation awarded by the Tribunal is excessive, exorbitant and without any basis and justification. Further, it
was contended that the Tribunal has awarded Rs. 50,000/- towards pain and suffering, which is excessive. Further it is submitted that the Tribunal
is wrong in awarding a sum of sum of Rs. 20,000/- towards loss due to 21% disability and also, it ought not to have awarded Rs. 45,000/-
towards loss of income. 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. Hence, the order of the Tribunal is in
accordance with law and the same has to be confirmed.
Heard the learned Counsel on either side and perused the materials available on record. On the side of the claimant, P.W.1 to P.W.3 were
examined and Ex.P1 to P15 were marked. On the side of the Transport Corporation, R.W.1 was examined and no document was marked.
P.W.1 is the father of the injured. P.W.2 is an eye witness of the accident. P.W.3 is the Doctor. Ex.P1 is the copy of the First Information Report.
Ex.P2 is the copy of Observation Mahazar. Ex.P3 is the copy of charge sheet. Ex.P4 is the copy of Motor Vehicle Inspector''s Report. Ex.P5 is
the Wound Certificate. Ex.P6 is the Discharge Summary given by Madurai Meenakshi Hospital. Ex.P7 are the medical bills. Ex.P8 is the
Certificate issued by Madurai Meenakshi Hospital. Ex.P9 is the Out-patient slip issued by General Hospital, Chennai. Ex.P10 is the Appointment
Slip issued by Vellore Medical College Hospital. Ex.P11 is the Out-patient slip issued by Soundarapandian Hospital, Chennai. Ex.P12 is the
Certificate issued by MIOT Hospital, Chennai. Ex.P13 is the medical slip issued by Dr. Palaniappan, Ramanathapuram. Ex.P14 is the Disability
Certificate. Ex.P15 is the X-ray. R.W.1 is the driver of the bus. After considering the above 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. The finding of the Tribunal is based on valid materials and evidence and it is a question of fact. Hence the same
is confirmed.
The injured minor boy was 4 1/2 years old at the time of accident. The injured was studying U.K.G. in United Matric School at Pattinamkathan,
Ramanathapuram District. P.W.1, stated in his evidence that it was only the driver of the bus caused the accident and the driver of the bus was
also charge-sheeted by Virudhunagar West Police Station in Crime No. 299 of 2005 under Sections 279 and 337 IPC. P.W.3 is the Doctor, who
examined the injured and fixed the disability at 59%. Ex.P14 is the Disability Certificate. Ex.P15 is the X-ray. Ex.P5 is the Wound Certificate. As
per the evidence of the Doctor, the claimant sustained the following injuries:
Avulsed traumatic amputation left hand 3, 4, 5th fingers at level of proximal phalanx and 2nd finger at middle phalanx level (left).
6cm x 4 cm Raw area over dorsum of left hand.
Left hand 3,4,5 fingers amputed.
Left hand 2nd finger amputed at middle phalanx level.
Immediately after the accident, the injured was treated in the Government Hospital, Virudhunagar. Then, later, he was referred to Meenakshi
Mission Hospital and Research Centre, Lake Area, Melur Road, Madurai. Further he was also treated at Devadoss Orthopaedic Hospital,
Vinayaka Nagar, Madurai. Later he was referred to Dr. Soundarapandian, Anna Nagar, Chennai and also CMC Hospital, Vellore for better
treatment. Further, P.W.3, in his evidence, has stated that the injured lost his 3rd, 4th and 5th fingers in his left hand, by way of amputation and
also the second finger in the left hand was amputated at phalanx level, and due to the same, he cannot use his left hand as before, and it would
certainly affect his future prospects. The Tribunal, without giving much importance to the evidence of the Doctor and the documentary evidence on
record, reduced the disability to 21% and awarded a sum of Rs. 20,000/- towards 21% disability, and also a further sum of Rs. 45,000/- towards
loss of income by adopting multiplier method, i.e. the Tribunal fixed the notional income as Rs. 15,000/- and adopted multiplier of ''15'' and arrived
at Rs. 45,000/-(Rs. 15000/- x 15 x 20/100). In the present case, there is no dispute that the 3rd, 4th and 5th fingers in the left hand of the injured
were amputated and also the second finger in the left hand was amputated at phalanx level, and due to the same, he cannot use his left hand.
Therefore, the Doctor determined the disability at 59%, but the Tribunal reduced the disability to 21% as against 59; determined by the Doctor.
Once an expert determines the disability, it is wrong on the part of the Tribunal to reduce it. The disability as fixed by the Doctor only has to be
taken into consideration, for the purpose of determining the loss of earning capacity. Normally, the Courts award a sum of Rs. 1000/- to Rs.
2000/- per percentage of disability. After taking into consideration of the nature of injuries and also the amputation of the fingers, it would be
appropriate and reasonable to award a sum of Rs. 1,500/- per percentage of disability. If Rs. 1,500/- is awarded, for 59; disability, the loss of
income works out to Rs. 88,500/-(Rounded off to Rs. 90,000/-), as against the sums of Rs. 20,000/- and Rs. 45,000/- awarded by the Tribunal
towards loss due to 21% disability and loss of income, respectively. Accordingly, the loss of income stands modified to Rs. 90,000/- from Rs.
45,000/-, and the loss due to 21% disability at Rs. 20,000/- awarded by the Tribunal is deleted. The Tribunal has awarded a sum of Rs. 50,000/-
towards pain and suffering. Learned Counsel for the Appellant vehemently argued that the award amount towards this head is excessive. After
taking into consideration the nature of injuries and also the fact that the claimant took treatment in various hospitals, it would be reasonable to
award Rs. 25,000/-towards pain and suffering as against Rs. 50,000/- fixed by the Tribunal. The Tribunal has awarded a sum of Rs. 24,307/-
towards medical bills. Ex.P7, 10 and 11 are the series of medical bills. It is an actual expenditure. Also the amount awarded towards this head is
very reasonable and hence the same is confirmed. The Tribunal has also awarded Rs. 10,000/- towards transport expenses and another Rs.
5000/- towards extra nourishment. After taking into consideration of the fact that the claimant took treatment in various hospitals and there is no
dispute regarding the same, the amounts awarded towards these heads are very reasonable and hence the same are confirmed. The Tribunal has
awarded interest at 7.5% p.a., from the date of petition. Considering the date of accident, date of award and also the prevailing rate of interest
during that time, I am of the view that the interest rate fixed by the Tribunal at 7.5% p.a. is very reasonable and hence the same is confirmed.
The details of the modified compensation are as under:
Rupees
Pain and suffering 25,000/-
Medical bills 24,307/-
Transport expenses 10,000/-
Extra nourishment 5,000/-
Loss of income 90,000/-
Total... 1,54,307/-
(Rounded off to Rs. 1,54,300/-)
Therefore, the claimant is entitled to the compensation of Rs. 1,54,300/- with interest at 7.5% p.a. from the date of petition. Even though the total
compensation awarded by the Tribunal is confirmed, the amounts awarded under various heads have been modified.
It is stated that by the learned Counsel for the Appellant / Transport Corporation that the entire award amount has been deposited. Under the
circumstances, since the injured being a minor, the award amount is directed to be deposited in any Nationalised Bank in a Reinvestment Scheme,
renewable every three years, till he attains the age of majority. The father of the injured-minor is directed to withdraw the interest accrued, once in
three months. Further, if any situation arise with regard to incurring medical expenditure in respect of the minor, the father of the minor shall make
proper application before the Tribunal, for the purpose of withdrawal.
With the above modification, the Civil Miscellaneous Appeal is disposed of. Consequently, M.P.(MD) No. 4 of 2010 is closed. No costs.