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Judgment
P.P.S. Janarthana Raja, J.—This appeal is preferred by the Appellant-Insurance Company against the judgment and award dated
21.07.2009 made in M.C.O.P. No. 314 of 2007 on the file of the Motor Accidents Claim Tribunal, Chief Judicial Magistrate Court, Karur.
When the matter came up today for admission, the same was opposed by Mr. Gokulraj, learned Counsel appearing for the
Respondent/Caveator. By consent of the learned Counsel of both the parties, this appeal itself is taken up for final disposal.
Background facts in a nutshell are as follows:
The injured Minor Varun met with motor traffic accident on 11.06.2007 at about 7.00a.m. The said injured was standing in the Dindigul Bus Stand
along with her parents to go to Karur. At that time a bus belonging to the Appellant Transport Corporation bearing Registration No. TN-33-N-
1941 entered into the said Bus Stand and stopped near the Karur route Bus Stop. When the Petitioner along with her parents were entering into
the bus, the driver of the bus suddenly took the bus without any signal. Due to the said impact, the injured minor fell down and sustained a fracture
in the left leg. He claimed a sum of Rs. 4,00,000/- as compensation. The Appellant- Transport Corporation resisted the claim. On pleadings, the
Tribunal framed the following issues:
Whether the accident had occurred due to the rash and negligent driver of the Appellant Transport Corporation?
Whether the claimant is entitled for compensation? If so, what is the amount and from whom?
What is the other relief which is entitled 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. 1,51,500/- with interest at 7.5% per
annum from the date of petition. The details of the compensation are as under:
For loss due to 40%
disability Rs. 80,000/-
For discomfort Rs. 15,000/-
For pain and suffering Rs. 10,000/-
For medical and transport
expenses Rs. 41,500/-
For extra nourishment Rs. 5,000/-
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Total Rs. 1,51,500/-
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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 a sum of Rs. 15,000/- towards discomfort granted by the Tribunal is unwarranted. 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 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. 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 Respondent-claimant, P.W.1 to P.W.3 were
examined and documents Exs.P.1 to P.9 were marked. P.W.1 is the father of the injured claimant. P.W.2 is Dr. G. Sathish and P.W.3 is Dr.
Vigneshwaran. Ex.P.1 is the First Information Report. Ex.P.2 is the Wound Certificate. Ex.P.3 is the Motor Vehicle Inspector''s Report. Ex.P.4 is
the Charge Sheet. Ex.P.5 are the receipts for medical fees, medical bills and for ambulance charges. Ex.P.6 is the Case History. Ex.P.7 is the X-
ray. Ex.P.8 is the Disability Certificate. Ex.P.9 is the X-ray. On the side of the Appellant-Transport Corporation, R.W.1, K. Ponnusamy, the
driver of the bus was examined and no document was marked to substantiate their claim. 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 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 minor claimant was 7 years old at the time of accident. She was studying U.K.G. in Cheran Matriculation Higher Secondary School.
In the evidence of P.W.1, it is stated that it was only the driver of the bus belonging to the Appellant Transport Corporation has caused the
accident and the driver was charge sheeted by the Town North Police Station, Dindigul in Cr. No. 744 of 2007 under Sections 279 and 337 of
I.P.C. Immediately after the accident, the injured minor claimant was admitted in the Raja Rajeswari Hospital, Dindigul. Due to the accident, he
sustained a fracture in the left leg and also injuries all over the body. In the said hospital, a surgery was also carried out and he was in the hospital
for a period of fifteen days. Ex.P.6 is the Case History, which also corroborates the same. P.W.3 is the doctor who gave treatment. After
examining the injured, he gave Ex.P.2-the Wound Certificate and the injured was also taking treatment in the hospital as in-patient from
11.06.2007 to 25.06.2007. Thereafter, P.W.2 determined the disability at 40%. Ex.P.8. is the Disability Certificate. In the evidence of the doctor,
it is stated that because of these injuries, the injured minor claimant is unable to stand, walk and climb substantially. Exs.P.7 and P.9 are X-rays.
After considering the above oral and documentary evidence, the Tribunal has awarded a sum of Rs. 80,000/-towards loss of due to 40%
disability. Normally the Courts award a sum of Rs. 1,000/- to Rs. 2,000/- per percentage of disability. In the present case, after taking into
consideration the fracture in the left leg and other injuries all over the body, I feel that the award amount granted by the Tribunal towards this head
is very reasonable and hence, the same is confirmed. The Tribunal has also awarded a sum of Rs. 15,000/- towards discomfort. This amount is
unwarranted and hence, the same is deleted. Further, the Tribunal has awarded a sum of Rs. 10,000/- towards pain and suffering. After taking into
consideration the nature of injuries as stated above and also the age of the injured minor claimant and the fact that a surgery was also done in the
hospital, it is reasonable to award a sum of Rs. 15,000/- towards pain and suffering. Hence, the injured minor claimant is entitled to a sum of Rs.
15,000/- towards pain and suffering as against a sum of Rs. 10,000/-awarded by the Tribunal. The Tribunal has also awarded a sum of Rs.
41,500/-towards medical and transport expenses and a sum of Rs. 5,000/- towards extra nourishment. Ex.P.5 are the series of medical bills. It is
an actual expenditure. Taking note of the fact that the injured minor claimant had taken treatment for a period of fifteen days as in-patient, the
amount awarded towards medical and transport expenses and towards extra nourishment are very reasonable and hence, the same are confirmed.
The Tribunal has also awarded an interest of 7.5% interest p.a. from the date of petition. After taking note of the date of accident, the date of
award and also the prevailing rate of interest during the relevant period, the interest rate fixed by the Tribunal at 7.5%p.a. from the date of petition
is very reasonable and hence, the same is confirmed.
The details of the modified compensation as per the above discussion are as under:
For loss due to 40%
disability Rs. 80,000/-
For pain and suffering Rs. 15,000/-
For medical and transport
expenses Rs. 41,500/-
For extra nourishment Rs. 5,000/-
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Total Rs. 1,41,500/-
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Therefore, the claimant is entitled to the modified compensation of Rs. 1,41,500/- with interest at 7.5% per annum from the date of petition.
The Appellant Transport Corporation is directed to deposit the modified compensation of Rs. 1,41,500/- with 7.5%p.a. from the date of
petition, less the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit
being made, since the injured is a minor, the Tribunal is directed to keep the entire award amount in a fixed deposit in Reinvestment Scheme in any
Nationalized Bank initially for a period of three years and the same shall be renewed till the minor attains the age of majority. The father of the
minor claimant is permitted to withdraw the accrued interest once in three months directly from the bank. If is further directed that if any situation
arise with regard to medical treatment of the minor or her studies, the father of the injured minor claimant shall withdraw the award amount on
making proper application.
With the above modification, the Civil Miscellaneous Appeal is disposed of. Consequently, connected Miscellaneous Petition is also closed.
No costs.