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Judgment
P. Murgesen, J.—This Civil Miscellaneous Appeal is directed against the judgment and decree dated 05.01.2007 passed in MCOP No. 68
of 2004 on the file of the Motor Accidents Claims Tribunal, Sub Court, Sankarankovil.
The brief facts arising out of this appeal are as under:
On 24.10.2002 the first respondent herein was travelling in the bus bearing Registration No. TN-58-N-0469 belonging to the appellant /Transport
Corporation. When the bus stopped in the Gowrishankar bus stop in the Thiruvenkadam Road, Sankarankovil, the first respondent was getting out
from the bus. At that time, the driver suddenly took the bus in a rash and negligent manner, due to which the first respondent fell down from the bus
and sustained injuries. A case was registered in Crime No. 324 of 2002 under Sections 279, 337 and 338 IPC on the file of the Sankarankovil
Police Station. The claimant claimed a compensation of Rs. 5,00,000/- before the Tribunal.
Before the Tribunal, P.W.1, P.W.2 and R.W.1 were examined and Ex. P1 to P14, Ex.R1, Ex.R2 and Ex.X1 were marked. On consideration
of the evidence on record, the Tribunal awarded a compensation of Rs. 81,600/- with interest at 9% p.a. from the date of petition. The details of
the compensation are as under:
Rupees
Loss of income 57,600/-
Pain and suffering 5,000/-
Nourishment 5,000/-
Transport expenses 3,000/-
Damages to clothes 1,000/-
Medical expenses 10,000/-
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Total.... 81,600/-
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Challenging the award of the Tribunal, the present appeal has been filed by the appellant/Transport Corporation.
At the outset, the counsel for the appellant has submitted that he is not disputing the accident and he is disputing only the quantum of
compensation awarded by the Tribunal. Therefore, the finding of the Tribunal 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, is confirmed.
Therefore, the question to be decided is, what is the just compensation to the claimant?
P.W.2 is the Doctor. He examined the claimant and assessed 10% disability for the pain in the leg, 10% disability for injuries sustained at the
joints of the leg, 10% disability for non-movement of the joints, 5% for the loss of strength in the leg and 5% for not able to rest in the floor,
totalling to 40% disability. The ratio given by the Doctor with regard to disability of 40% is excessive. Therefore, the Tribunal fixed 20% disability
on the basis of the evidence on record. I find no reason to interfere with the finding of the Tribunal with regard to this aspect. The claimant claimed
that she was earning a sum of Rs. 3,000/- per month, but the Tribunal was of the view that the claimant would have earned Rs. 50/- per day and
calculated the monthly income at Rs. 1,500/- and annual income at Rs. 18,000/-. The age of the claimant was 40 years at the time of accident.
Therefore, the Tribunal adopted the multiplier of 16 and arrived at Rs. 2,88,000/-. Since the Tribunal fixed 20% disability, Rs. 57,600/- was
awarded towards loss of income, which is 20% of Rs. 2,88,000/-. The Tribunal has correctly determined the daily, monthly and annual income
and adopted the correct multiplier. Therefore, the loss of income arrived at by the Tribunal at Rs. 57,600/- is confirmed.
The amounts awarded by the Tribunal towards pain and suffering at Rs. 5,000/- and towards nourishment at Rs. 5,000/- are very reasonable
and hence they are confirmed. There is no evidence to show that the claimant incurred Rs. 3,000/- towards transport charges. Hence the amount
awarded by the Tribunal at Rs. 3,000/- towards transport expenses is set aside. With regard to damages to clothes, it would be appropriate to
award only a sum of Rs. 200/-. Hence the amount awarded by the Tribunal towards damages to clothes stands modified to Rs. 200/-. The
Tribunal has awarded Rs. 10,000/- towards medical expenses based on Ex. P8-Medical bills. It is an actual expenditure and hence it is confirmed.
The interest rate fixed by the Tribunal at 9% p.a. from the date of petition is confirmed. The details of the modified compensation are as under:
Rupees
Loss of income 57,600/-
Pain and suffering 5,000/-
Nourishment 5,000/-
Damages to clothes 200/-
Medical expenses 10,000/-
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Total.... 77,800/-
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Therefore, the claimant is entitled to the modified compensation of Rs. 77,800/- with interest at 9% p.a. from the date of petition.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, M.P.(MD)No.4 of 2008 is closed. No costs.