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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the appellant-Transport Corporation against the award dated 24.01.2005 made in
MCOP No. 1752 of 2003 by the Motor Accident Claims Tribunal ( Sub Court), Krishnagiri.
Background facts in a nutshell are as follows:
The injured Gopal met with an motor traffic accident on 11.3.2002 at about 8.15 a.m. The said injured Gopal was proceeding his TVS Champ
Moped bearing Registration No. PY-01/A0840 along with one Puttanna was the pillion rider, on the extreme left side of the road to Denkanikotta
from Mahalagowdanoor. While he was nearing St. Joseph High School at Denkanikotta, a bus bearing Registration No. TN-29-N-0812
belonging to appellant-Transport Corporation came in the opposite direction, at high speed and hit the moped. Due to which, the rider and the said
Puttanna were thrown out of the vehicle and sustained grievous injuries. The claimant claimed a sum of Rs. 14,21,000/- but restricted his claim to
Rs. 6,00,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:
Who is responsible for the accident?
Whether the accident had occurred due to the rash and negligent driving of the bus driver or not?
Whether the claimant is entitled to compensation? If so, what is the amount?
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 appellant-Transport Corporation and awarded a compensation of Rs. 1,90,000/- with interest at 9% per annum from the date of
petition and the details of the same are as under:
Loss due to Grievous Injuries Rs. 60,000/-
Loss of Income during
the treatment period Rs. 10,000/-
Transport Expenses Rs. 5,000/-
Extra nourishment Rs. 5,000/-
Damage of clothes Rs. 10,000/-
Attendant charges Rs. 5,000/-
Medical Expenses Rs. 25,000/-
Future Medical Expenses Rs. 10,000/-
Pain and Sufferings Rs. 25,000/-
Loss due to permanent disability Rs. 25,000/-
Loss on future earnings Rs. 10,000/-
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Total .... Rs. 1,90,000/-
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Aggrieved by that award, the 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, 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 respondents/claimants 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. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P6 were marked. On the side of the
appellant-Transport Corporation RW1-Kannan, the driver of the bus was examined and no document was marked to support their claim. P.W.1
is the claimant. PW2 is one Dr. Ashokkumar. Ex.P1 is copy of the First Information Report. Ex.P2 is the xerox copy of the wound certificate.
Ex.P3 is the xerox copy of the Discharge Summary dated 5.4.2003. Ex.P4 is another Discharge Summary dated 20.3.2002 Ex.P5 series are
medical bills. Ex.P6 is the permanent disability Certificate. 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 appellant-Transport Corporation bus driver and
the finding is based on valid materials and evidence.
At the time of accident, the claimant was aged about 35 years old. He is an agriculturist, besides doing vegetables, rice and paddy business and
was earning Rs. 8000/- per month. P.W.1-claimant has deposed that due to the rash and negligent driving of the driver of the bus, the accident
occurred and the driver of the bus also charge sheeted by Denkanikotta Police Station in Cr. No. 80 of 2002 under Sections 279 and 337 I.P.C.
In his further evidence, he stated that he was taken into Government Hospital, Denkanikotta, immediately after the accident and later referred to
St. John''s medical College Hospital at Bangalore, where he took treatment as inpatient from 11.3.2002 to 20.3.2002. P.W.2 Dr. Ashokkumar,
who examined the injured, issued Ex.P.6. Disability Certificate, in which, he assessed the disability to the extent of 25%. in his evidence, he has
stated that the injured sustained lacerated wound over fore head 5 x 1 c.m.; lacerated would over right side of nose with lose of part of right
Nostril extending to up and into the nose; multiple abrasions over both arms and legs and loose the teeth and pain over the upper and lower
incisors and multiple injuries all over the body. There is no dispute regarding the disability determined by the doctor as 25%. Considering the
evidence of PW2-doctor, the Tribunal has awarded a sum of Rs. 60,000/- towards grievous injuries and awarded a sum of Rs. 25,000/- towards
loss due to 25% of disability. The learned Counsel for the appellant vehemently contended that the Tribunal is wrong in awarding compensations
under the heads Grievous Injuries and also Permanent Disability. Normally the Courts award Rs. 1,000/- to Rs. 2,000/- per percentage of
disability. Considering the injuries caused to the claimant, it is reasonable to award Rs. 2,000/- per percentage of disability. Taking note of the
evidence of P.W.2 Doctor to the effect that the injured has got 25% of the disability, Rs. 50,000/- (Rs. 2,000 x 25%) is awarded for 25% of
permanent disability as against Rs. 25,000/- awarded before the Tribunal . As this Court awards Rs. 50,000/- towards Permanent Disability, the
amount of Rs. 60,000/- awarded towards grievous injuries is unwarranted an therefore the same is deleted. Further the Tribunal also awarded a
sum of Rs. 10,000/- towards loss of income during the treatment period. He was an agriculturist at the time of accident. besides he was doing
vegetable, rice and paddy business and was earning Rs. 6,000/- per month. He had taken continuous treatment in Denkanikotta and thereafter
Bangalore St. Johns Hospital. He was in hospital for a period of 10 days and thereafter as per the advice of doctors taken rest for some more
days. Considering the above period, the award of Rs. 10,000/- towards loss of income during treatment made by Tribunal is very reasonable and
the same is confirmed. The Tribunal also awarded a sum of Rs. 5,000/- towards transport expenses, Rs. 5,000/- towards Extra Nourishment and
another sum of Rs. 5,000/- towards attendant charges, which are very reasonable and therefore the same are confirmed. Further the Tribunal
awarded a sum of Rs. 10,000/- towards damages to clothes. There is no evidence for any damage to clothes. Hence, it is reasonable to award Rs.
2,000/- towards damages to clothes as against Rs. 10,000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs. 25,000/- towards
medical expenses. Ex.P5 series are medical bills, which are actual expenditure incurred by the claimant and based on valid materials. Hence, the
amount awarded under this head is also confirmed. The Tribunal also awarded a sum of Rs. 10,000/- towards future medical expenses.
Considering the nature of injuries sustained, I feel that it would be appropriate to award a sum of Rs. 5,000/- under this head as against Rs.
10,000/- awarded by the Tribunal. The Tribunal also awarded a um of Rs. 10,000/- towards loss of future earnings. There is no concrete evidence
to show that in what way his future earnings are affected due to the accident and also there is no evidence regarding the same in the doctor''s
evidence to the effect that the 25% of the disability affects the claimant''s future earning capacity. Hence the amount awarded under the head loss
of future earning capacity is deleted. The Tribunal also awarded a sum of Rs. 25,000/- towards pain and suffering. The learned Counsel appearing
for the appellant-Transport Corporation vehemently contended that the amount awarded under this head is excessive and without basis and
justification. Considering the nature of injuries sustained, I feel that it would be appropriate to award a sum of Rs. 7,500/- under this head as
against Rs. 25,000/- awarded by the Tribunal. The Tribunal has not awarded any amount towards loss of amenities and I am of the view that it
would be reasonable to award a sum of Rs. 7,500/- under this head. The Tribunal has fixed the rate of interest at 9% p.a from the date of petition,
which is reasonable and therefore the same is confirmed. The details of modified compensation as per the above discussion are as under:
Permanent disability Rs. 50,000/-
Loss of income during
treatment period Rs. 10,000/-
Transport Expenses Rs. 5,000/-
Extra nourishment Rs. 5,000/-
Attendant charges Rs. 5,000/-
Damages to clothes Rs. 2,000/-
Medical expenses Rs. 25,000/-
Future Medical expenses Rs. 5,000/-
Pain and sufferings Rs. 7,500/-
Loss of amenities Rs. 7,500/-
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Total .... Rs. 1,22,000/-
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Therefore, the claimant is entitled to the modified compensation of Rs. 1,22,000/- with interest at 9% p.a. as against the compensation of Rs.
1,90,000/- awarded by the Tribunal.
The learned Counsel appearing for the appellant-Transport Corporation has submitted that already entire award amount has been deposited as
per order of this Court dated 25.07.2005 and the claimant was also permitted to withdraw 50% of the award amount by order of this Court dated
6.7.2006. The claimant is permitted to withdraw the balance modified award amount of Rs. 1,22,000/- with interest at 9% p.a. from the date of
petition after adjusting the amount already withdrawn on making proper application. The appellant-Transport Corporation is also permitted to
withdraw the balance amount on making proper application.
With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.