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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the Transport Corporation against the judgment and decree made in MCOP No. 1232 of 2002 dated 27.06.2006 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Madurai.
M.P. (MD) Nos.1 and 2 of 2010 were listed today. By consent of the learned Counsel on either side, the main CMA itself is taken up for final disposal.
Background facts in a nutshell are as follows:
The injured-Pandi met with motor traffic accident that took place on 24.08.2001 at about 9.30 hours. The injured-claimant was standing in the Samayanallur Bus Stop. At that time, a bus bearing Registration No. TN-58-N-0358 belonging to the Appellant-Transport Corporation came and stopped in the bus stop. When the injured was getting into the bus, the driver took the bus suddenly in a rash and negligent manner without giving any signal. Due to the same, the injured fell down from the bus and sustained multiple injuries allover the body. The injured claimed a compensation ofRs.1,50,000/-before the Tribunal. The Appellant-Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:
Who is responsible for the accident?
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. 88,000/-ascompensation with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:
Rupees Loss due to 38% disability 38,000/- Pain and suffering 25,000/- Mental agony 15,000/- Extra nourishment 2,500/- Transport expenses 2,500/- Loss of income during the treatment period 5,000/-
------------- Total.... 88,000/- =============
Aggrieved by that award, the Appellant / Transport Corporation has filed the present appeal.
Learned Counsel for the Appellant/Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and submitted that the compensation awarded by the Tribunal is excessive, exorbitant and without any basis and justification. He further submitted that the Tribunal, after awarding assume of Rs. 25,000/-towards pain and suffering, ought not to have awarded a further sum of Rs. 15,000/-towards mental agony. Hence the order passed by the Tribunal is not in accordance with law and the same should be set aside.
Learned Counsel appearing for the Respondent /claimant has submitted that the Tribunal had considered all the materials and evidence available on record and awarded the compensation which is just, fair and reasonable. 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 documents Exs.P1 to P12 were marked. On the side of the Transport Corporation, the driver of the bus was examined as R.W.1 and no document was marked. P.W.1 is the claimant. P.W.2 is one Esther Animabel Sigamani.P.W.3 is the Doctor. Ex.P1 is the certified copy of the First Information Report. Ex.P2 is the certified copy of Motor Vehicle Inspector''s Report. Ex.P3 is the certified copy of the Charge Sheet. Ex.P4 is the Accident Register. Ex.P5 is the O.P. Slip given by the Government Hospital. Ex.P6 is the O.P. Book of the Hospital. Ex.P7 are the medical bills. Ex.P8 are the photograph and negative. Ex.P9 is the Salary Certificate. Ex.P10 is the Treatment File. Ex.P11 is the Disability Certificate. Ex.P12 are the X-rays. 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. It is a question of fact and it is based on valid materials and evidence, and hence the same is confirmed.
The injured-claimant was 35 years old at the time of accident. He was examined as P.W.1. In his evidence he stated that he is a Tea Master working in Balu Pillai Tea Stall, Main Road, Paravai. Further, in his evidence, he claimed that he was earning a sum ofRs.150/-per day. He further stated that only the driver of the bus caused the accident and the driver was charge-sheeted by Samayanallur Police Station in Crime No. 224 of 2001 under Sections 279 and 337 IPC. Due to the accident, he sustained the following injuries:
Fracture of proximal phalanges of 4th (lt) toe.
Fracture of middle phalanges of 5th (lt) toe.
Fracture of middle phalanges of 5th (rt) tow with dislocation of Dip Joint.
Left little finger sub total amputation.
Immediately after the accident, he took treatment in the Government Rajaji Hospital, Madurai and later, he took treatment privately at Muthu Poly Clinic, Chinnachokkikulam, Madurai as out-patient. Due to the injuries, he cannot walk and stand for a long time, and due to the amputation of little finger in the left hand, he is unable to lift any article and not able to-do the work as before. He was admitted in the Government Rajaji Hospital, Madurai on 24.08.2001 and discharged on 28.08.2001. P.W.3, the Doctor, examined the claimant and assessed the disability at 38%. Further, in his evidence, the Doctor stated that due to the injuries, the claimant is unable to left any heavy articles. After considering the oral and documentary evidence, the Tribunal awarded a sum of Rs. 38,000/-towards loss due to 38% disability. Ex.P11 is the Disability Certificate. The amount awarded by the Tribunal at Rs. 38,000/-towards this head is very low. After taking into consideration the fractures sustained by the claimant and also the amputation of the little finger in the left hand, it would be reasonable to award a sum of Rs. 1400/-per percentage of disability. If Rs. 1400/-is awarded towards each percentage of disability, the loss due to 38% disability works out toRs.53,200/-(rounded off to Rs. 53,000/-). Therefore, theloss due to 38% disability stands modified fromRs.38,000/-to Rs. 53,000/-. The Tribunal has awarded asum of Rs. 25,000/-towards pain and suffering, which is very reasonable and hence the same is confirmed. The Tribunal has also awarded a sum of Rs. 15,000/-towardsmental agony. Learned Counsel for the Appellant vehemently contended that the Tribunal ought not to have awarded a sum of Rs. 15,000/-towards mental agony, when it had already awarded a sum of Rs. 25,000/-towards pain and suffering. As rightly pointed out by the learned Counsel for the Appellant, the Tribunal ought not to have awarded a sum of Rs. 15,000/-towardsmental agony, when it had already awarded a sum ofRs.25,000/-towards pain and suffering. Hence the amount awarded towards mental agony at Rs. 15,000/-isdeleted. The Tribunal has awarded a further sum ofRs.2,500/-towards extra nourishment, Rs. 2,500/-towards transport expenses and Rs. 5,000/-towards loss of income during the treatment period. There is no dispute that the claimant took treatment in the Government Rajaji Hospital, Madurai and also in a private hospital at Madurai. After taking into consideration the facts and circumstances of the case, this Court is of the view that the amounts awarded by the Tribunal towards these heads are very reasonable and hence the same are confirmed. The Tribunal has awarded interest rate at 7.5% p.a. from the date of petition. After taking into consideration, the date of accident, the date of award and the prevailing rate of interest during the relevant time, this Court is of the view that the interest rate fixed by the Tribunal at7.5% p.a. is reasonable and hence the same is confirmed. The details of the modified compensation areas under:
Rupees Loss due to 38% disability 53,000/-
Pain and suffering 25,000/-
Extra nourishment 2,500/-
Transport expenses 2,500/-
Loss of income during the treatment period 5,000/- ------------- Total.... 88,000/- =============
Even though the total compensation awarded by the Tribunal at Rs. 88,000/-with interest at 7.5% p.a.from the date of petition is confirmed, the amounts granted under the different heads have been modified.
It is stated that the Appellant-Transport Corporation has already deposited the entire award amount as per the order of this Court dated 21.06.2010. Under the circumstances, since the claimant is entitled to the compensation of Rs. 88,000/-with interest at7.5% p.a. from the date of petition, he is permitted to withdraw the entire amount from the deposit, on making proper application.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, M.P.(MD)Nos.1 and 2 of 2010are closed. No costs.