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Judgment
P.P.S. Janarthana Raja, J.—The appeal is preferred by the Transport Corporation claimants against the judgment and award made in MCOP No. 151 of 2003 dated 17.12.2004, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur.
Background facts in a nutshell are as follows:
The injured-Ganesan met with motor traffic accident that took place on 20.12.2002 at about 4.45 p.m. The said injured and one Sekar were proceeding in a TVS-50 bearing Registration No. TN-47-F-5431 from Karima Pudur in the Chinnadharapuram to Vellakoil Main Road. The said Sekar was driving the vehicle and the injured was the pillion rider. When they were crossing Karimapudur, a bus bearing Registration No. TN-33-N-0657 belonging to the appellant-Transport Corporation came in a rash and negligent manner and also at high speed and hit the TVS-50. Due to the said impact, the injured was thrown out from the vehicle and he sustained multiple fractures in the right leg and also injuries all over the body. The injured claimed a sum of Rs. 10,89,200/- 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?
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. 2,73,000/- as compensation with interest at 9% p.a. from the date of petition. The details of the compensation are as follows:
________________________________________________________________ Rupees ________________________________________________________________ Loss of income during the treatment period 2,000/- Transport expenses 3,000/- Nourishment 5,000/- Medical expenses 93,000/- Pain and suffering 50,000/- Loss due to 35% disability 50,000/- Future discomfort 50,000/- Future medical expenses 20,000/- ________________________________________________________________ Total... 2,73,000/- ________________________________________________________________
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, without any basis and justification. He further submitted that when the Tribunal had awarded a sum towards loss due to 35% disability, it ought not to have awarded an amount towards future discomfort. Hence the award passed by the Tribunal is not in accordance with law and the same has to be set aside.
Heard the counsel for the appellant and perused the materials available on record. On the side of the claimant, P.W.1 to P.W.3 were examined and documents Ex.P1 to P12 were marked. On the side of the Transport Corporation, the driver of the bus was examined as R.W.1, and one Chidambaram was examined as R.W.2, and documents Ex.R1 and Ex.R2 were marked. P.W.1 is the rider of the two-wheeler. P.W.2 is the claimant. P.W.3 is the Doctor. Ex.P1 is the copy of the F.I.R. Ex.P3 is the Motor Vehicle Inspection Report of the bus. Ex.P4 is the copy of the Charge Sheet. Ex.P6 is the copy of the Wound Certificate of the claimant. Ex.P7 is the Salary Certificate of the claimant. Ex.P8 are the medical bills. Ex.P11 is the Permanent Disability Certificate of the claimant. Ex.P12 is the X-ray. Ex.R1 is the copy of the judgment of the Criminal Court made in C.C. No. 8 of 2003. Ex.R2 is the letter written by the Transport Corporation. 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 also based on valid materials and evidence. Hence the same is confirmed.
At the time of accident, the injured was 46 years old. He is working as Salesman in Rajapuram Primary Agricultural Bank. The claimant was examined as P.W.2. In the evidence of P.W.2, it is stated that he was earning a sum of Rs. 3050/- per month. It is also stated that only the driver of the bus caused the accident and the driver was charge-sheeted by Thennilai Police Station. Further, in his evidence, it is stated that due to the accident, he suffered the following injuries:
Lacerated injury in right leg. Fracture of both the bones of right leg. Bones were seen outside.
Contusion in right hand.
Abrasion and contusion in the left gluetal region.
Contusion in right side fore head.
Contusion in right knee.
Compound communicated fracture both bones of right leg.
Fracture both ramus of pelvis left.
Immediately the claimant was taken to L.K.M. Nursing Home, Erode. P.W.3 is the Doctor, who examined the claimant and determined the disability at 35%. Ex.P11 is the Disability Certificate. Ex.P12 is the X-ray. Ex.P6 is the Wound Certificate. Further in the evidence of the Doctor, it is stated that due to the above injuries, the claimant is unable to stand, sit, walk and climb substantially and he is unable to do the work as before. After considering the above oral and documentary evidence, the Tribunal has awarded a sum of Rs. 50,000/- towards loss due to 35% disability. Normally the Courts award a sum of Rs. 1000/- to Rs. 2000/- per percentage of disability. Considering the facts and circumstances of the case, this Court is of the view that the Tribunal has correctly awarded Rs. 50,000/- towards loss due to 35% disability. Therefore, the same is confirmed. The Tribunal has also awarded a sum of Rs. 2,000/- towards loss of income during the treatment period, Rs. 3,000/- towards transport expenses and Rs. 5,000/- towards nourishment. Immediately after the accident, the claimant was admitted in the hospital and there is no dispute regarding the same. Therefore the amounts awarded by the Tribunal towards these heads are confirmed. The Tribunal has awarded a sum of Rs. 93,000/- towards medical expenses. Ex.P8 are the series of medical bills. It is an actual expenditure. Also, the amount awarded towards this head is reasonable. Hence the same is confirmed. The Tribunal has awarded a sum of Rs. 50,000/- towards future discomfort. Learned Counsel for the appellant vehemently argued that the Tribunal ought not to have awarded an amount towards future discomfort, when it has already awarded an amount towards loss due to 35% disability. He further contended that there is no material evidence for the Tribunal to award an amount towards future discomfort. Considering the argument of the learned Counsel for the appellant, this Court is of the considered opinion that the Tribunal ought not to have awarded an amount towards future discomfort, when it has already awarded an amount towards loss due to 35% disability. Therefore, the amount awarded by the Tribunal at Rs. 50,000/- towards future discomfort is deleted. The Tribunal has awarded a sum of Rs. 50,000/- towards pain and suffering. After considering the nature of injuries stated above and also the oral evidence of the Doctor and the documentary evidence on record, this Court is of the view that it would be reasonable to award Rs. 30,000/- towards pain and suffering, instead of Rs. 50,000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs. 20,000/- towards future medical expenses. P.W.3, the Doctor, in his evidence, has stated that the claimant will have to incur expenditure for the purpose of removing the plates and screws which were fixed when the surgery was done in the right leg. The amount awarded towards future medical expenses is also reasonable and hence the same is confirmed. The Tribunal has awarded interest rate at 9% p.a., from the date of petition. Taking into consideration the date of accident, date of award and also the prevailing rate of interest during the relevant time, the rate of interest fixed by the Tribunal at 9% p.a. is very reasonable and hence the same is confirmed. The details of the modified compensation are as under:
________________________________________________________________
Rupees ________________________________________________________________ Loss of income during the treatment period 2,000/- Transport expenses 3,000/- Nourishment 5,000/- Medical expenses 93,000/- Pain and suffering 30,000/- Loss due to 35% disability 50,000/- Future medical expenses 20,000/- ________________________________________________________________
Total... 2,03,000/- ________________________________________________________________
Therefore, the claimant is entitled to the modified compensation of Rs. 2,03,000/- with 9% p.a. from the date of petition, as against Rs. 2,73,000/- with 9% p.a. from the date of petition, as awarded by the Tribunal.
It is stated by the counsel for the appellant/Transport Corporation that the entire award amount granted by the Tribunal at Rs. 2,73,000/- with interest at 9% p.a. from the date of petition, has already been deposited and the claimant was also permitted to withdraw 50% from the deposited amount. Under the circumstances, the claimant is permitted to withdraw the modified compensation of Rs. 2,03,000/- with interest at 9% p.a. from the date of petition, less the amount already withdrawn, on making proper application. The appellant -Transport Corporation is also permitted to withdraw the balance amount on making proper application.
The Civil Miscellaneous Appeal is disposed of with the above modifications. Consequently, C.M.P. No. 4454 of 2005 is closed. No costs.