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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 29.04.2005 made in M.C.O.P. No. 2073 of 2002 on the file of the Motor Accidents Claim Tribunal, IV Additional Sub Court, Madurai.
Background facts in a nutshell are as follows:
The injured Kannan met with motor traffic accident on 06.06.2002 at about 03.45p.m. The said injured was travelling as pillion rider in a motorcycle bearing Registration No. TN-58-2100 belonging to the second Respondent. The rider of the motorcycle is the friend of the injured claimant. They were proceeding on the extreme left side of the Thevar Bridge(Meenakshi Mill Palam) from East to West direction near Madura College, Madurai. At that time, a bus bearing Registration No. TN-58-N-0404 belonging to the Appellant-Transport Corporation came in a rash and negligent manner and also at high speed from the opposite direction and hit the motorcycle. Due to the said impact, the claimant was thrown out of the motorcycle and sustained a fracture and also multiple grievous injuries all over the body. He claimed a sum of Rs. 5,00,000/- as compensation. The Appellant- Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:
On whose negligence, the accident had occurred?
Whether the claimant is entitled for compensation? If so, what is the amount and from whom? What is the other relief to the claimant?
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. 3,29,000/- with interest at 9% per annum from the date of petition. The details of the compensation are as under:
For medical bills Rs. 2,00,000/- For room rental charges Rs. 6,000/- For transport charges Rs. 23,000/- For pain and suffering Rs. 20,000/- For loss due to 50%disability Rs. 50,000/- For loss of earning Rs. 20,000/- For extra nourishment Rs. 10,000/- -------------- Total Rs. 3,29,000/- --------------
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 amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. He further contended that the Tribunal ought not to have awarded a sum of Rs. 2,00,000/- towards medical bills, since there is no basis for the same. Further, it is contended that after awarding a sum of Rs. 50,000/- towards loss due to 50% disability, the Tribunal ought not to have awarded a sum of Rs. 20,000/- towards loss of earning. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside. He further submitted that he is not disputing the amounts awarded towards other heads.
Learned Counsel appearing for the first Respondent-claimant 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 first Respondent-claimant, P.W.1 and P.W.2 were examined and documents Exs.P.1 to P.18 were marked. P.W.1 is the injured claimant. P.W.2 is Dr. Ravichandran. On the side of the Appellant-Transport Corporation, R.W.1, Thangasamy, driver of the bus was examined and no document was marked before the Tribunal to substantiate their claim. 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 also it is based on valid materials and evidence. Hence, the same is confirmed.
The injured claimant was 48 years old at the time of the accident. In the evidence of P.W.1, it is stated that he is an agriculturist and also he is working as agricultural coolie and earning a sum of Rs. 3,000/-p.m. Further in his evidence, it is stated that it was only the driver of the bus belonging to the Appellant-Transport Corporation caused the accident and the driver was also charge-sheeted by Jaihindupuram Police Station in Cr. No. 489 of 2002 under Sections 279 and 337 of I.P.C. Due to the accident, the injured claimant suffered a left leg femur bone compound fracture and a fracture below the knee and also multiple injuries all over the body. Immediately after the accident, the injured claimant was admitted in the Government Rajaji Hospital, Madurai and later he was admitted in the Kamatchi Subam Hospital, K. Pudur, Madurai Town, for better treatment. Exs.P.2 to P.5, P.7, P.8 are the series of medical bills. The total amount of medical bills comes to Rs. 1,55,291.65/-, but the Tribunal has awarded a sum of Rs. 2,00,000/-towards medical bills, on the ground that the claimant had to incur future medical expenses and also in the evidence of P.W.2, it is stated that the claimant needs future surgery. Learned Counsel appearing for the Appellant vehemently contended that there is no proof available on record to show that the claimant was in need of a sum of Rs. 45,000/- towards future medical expenses. After considering the facts and circumstances of the case, it is reasonable to award a sum of Rs. 1,75,000/- towards medical bills as against a sum of Rs. 2,00,000/- awarded by the Tribunal. The Tribunal has also awarded a sum of Rs. 22,000/- towards Taxi charges and another sum of Rs. 1,000/- towards transport charges, totalling to a sum of Rs. 23,000/- and the same was granted under the head "transport charges". Ex.P.13 are the Taxi receipts. There is no dispute that the injured was admitted in the hospital and he had to incur expenses for transport. After taking into consideration the facts and circumstances of the case, the Tribunal has awarded a sum of Rs. 23,000/-(Rs. 22,000/-+ Rs. 1,000/-) towards transport charges, which is very reasonable and hence, the same is confirmed. The Tribunal has also awarded a sum of Rs. 6,000/- towards rental charges. It is also stated that the claimant has taken treatment in Madurai Hospital and for that purpose, he had taken a house for lease and Ex.P.12 is the receipt for the same. After considering the same, the Tribunal has awarded a sum of Rs. 6,000/- towards rental charges, which is reasonable and hence the same is confirmed. The Tribunal has also awarded a sum of Rs. 20,000/- towards pain and suffering. After taking into consideration the nature of injuries as stated above and also the period of admission in the hospital, 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. 50,000/- towards loss due to 50% disability and a sum of Rs. 20,000/- towards loss of earning. P.W.2 is the doctor, who examined the claimant and determined the disability at 50%. Ex.P.15 is the Disability Certificate. Further in the evidence of P.W.2, it is stated that the claimant sustained left leg femur bone compound fracture and he was also admitted in the Government Rajaji Hospital, Madurai from 06.06.2002 to 07.06.2002 and later he was treated in the Kamatchi Subham Hospital, K. Pudur, Madurai for better treatment. After considering the same, the Tribunal has awarded a sum of Rs. 50,000/- towards loss due to 50% disability and a sum of Rs. 20,000/- towards loss of earning. Normally the Courts award a sum of Rs. 1,000/- to Rs. 2,000/- per percentage of disability. After considering the facts and circumstances of the case, it is reasonable to award a sum of Rs. 70,000/- towards loss due to 50% disability. In view of awarding a sum towards loss due to disability, the amount of Rs. 20,000/-awarded by the Tribunhal towards loss of earning is unwarranted and hence, the same is deleted.
The Tribunal has also awarded a sum of Rs. 10,000/- towards extra nourishment. There is no dispute that the injured claimant was in the hospital and had taken treatment and during that period he would have taken healthy food for speedy recovery. The amount awarded towards this head is also very reasonable and hence, the same is confirmed. The Tribunal has also awarded an interest of 9% p.a. from the date of petition. After taking note of the date of accident, and the date of award and also the prevailing rate of interest during the relevant period, the interest rate fixed by the Tribunal at 9%p.a. is excessive and hence, the rate of interest awarded by the Tribunal is reduced to 7.5%p.a. from 9%p.a.
The details of the modified compensation as per the above discussion are as under:
For medical bills Rs. 1,75,000/- For room rental charges Rs. 6,000/- For transport charges Rs. 23,000/- For pain and suffering Rs. 20,000/- For loss due to 50% disability Rs. 70,000/- For extra nourishment Rs. 10,000/- -------------- Total Rs. 3,04,000/- --------------
The claimant is entitled to the modified compensation of Rs. 3,04,000/- with interest at 7.5% per annum from the date of petition.
It is stated that the Appellant Transport Corporation had already deposited the entire award amount with accrued interest and the claimant was also permitted to withdraw 50% of the award amount with accrued interest. Under these circumstances, the claimant is permitted to withdraw the modified compensation of Rs. 3,04,000/- with 7.5%p.a. interest 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.
With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.