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Judgment
P.P.S. Janarthana Raja, J.—These appeals are preferred by the Appellant-Insurance Company against the judgment and Decree dated 14.10.2008 made in M.C.O.P. Nos. 36 and 38 of 2007 on the file of the Motor Accidents Claim Tribunal, Sub Court, Aruppukkottai.
Background facts in a nutshell are as follows:
Murugesan, the injured-claimant in C.M.A. No. 1531 of 2010 and one Janaki, the injured-claimant in C.M.A. No. 1532 of 2010 met with motor traffic accident that took place on 08.03.2006 at about 11.30p.m. Both of them travelled in a van belonging to the second Respondent bearing Registration No. TMN-8845. The said van was driven by its driver in a rash and negligent manner and also at high speed, due to which it went out of control and hit against the bridge situate near Sethurajapuram. Due to the said impact, both the claimants sustained grievous injuries. In both the cases, the claimants claimed a sum of Rs. 1,00,000/-each as compensation before the Tribunal. The said van was insured with the Appellant/Insurance Company who resisted the claim. On pleadings, the Tribunal framed the following issues :
On whose negligence the accident had occurred?
Whether the claimants are entitled to any compensation, if so how much and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the van and awarded the compensation as follows:
C.M.A. No. 1531 of 2010 in M.C.O.P. No. 36 of 2007:
The Tribunal has awarded compensation of Rs. 79,015/-with interest at 7.5%p.a. from the date of claim petition. The details of the compensation are as under:
For loss due to 42% disability Rs. 63,000/- For medical bills Rs. 7,016/- For pain and suffering Rs. 5,000/- For extra nourishment Rs. 3,000/- For transport expenses Rs. 1,000/- ----------- Total Rs. 79,016/- ----------- Rounded off to Rs. 79,015/-
C.M.A. No. 1532 of 2010 in M.C.O.P. No. 38 of 2007 The Tribunal has awarded compensation of Rs. 77,985/-with interest at 7.5%p.a. from the date of claim petition. The details of the compensation are aggrieved by the awards; the Appellant-Insurance Company has filed the present appeals.
For loss due to 34% disability Rs. 51,000/- For pain and suffering Rs. 10,000/- For extra nourishment Rs. 3,000/- For transport expenses Rs. 1,000/- For medical bills Rs. 12,985/- ----------- Total Rs. 77,985/-
Learned Counsel appearing for the Appellant/Insurance Company vehemently contended that the injured claimants were not covered under the Insurance Policy and therefore, the owner of the van is alone liable to pay compensation to the claimants. Further, he contended that the amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.
Learned Counsel appearing for the first Respondent-claimant in both the appeals has submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion that the Insurance Company is liable to pay compensation 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 and perused the materials available on record. On the side of the claimants, P.W.1 to P.W.4 was examined and the documents Exs.P.1 to P.9 were marked. The injured-claimants Murugesan and Janaki were examined as P.W.1 and P.W.3 respectively. Exs.X-1 to X-9 was also marked as witness''s documents. On behalf of the Appellant-Insurance Company no one was examined and no document was marked to substantiate their claim. The only contention raised by the learned Counsel for the Appellant-Insurance Company is that there was no Insurance Policy covering the persons who travelled in the van. This issue was not at all raised before the Tribunal and the same was not taken as a point in the counter. The learned Counsel for the Appellant is raising this issue only before this Court and hence the same is not entertained before this Court. Therefore, the argument of the learned Counsel fro the Appellant/Insurance Company that the claimants are not covered under the Insurance Policy is rejected. 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 van. It is question of fact and it is based on valid materials and evidence. Therefore, the same is confirmed.
C.M.A. No. 1531 of 2010 in M.C.O.P. No. 36 of 2007:
The injured claimant was 44 years old at the time of the accident. He was working in a Textile Shop and was earning a sum of Rs. 2,000/-p.m. Further it is stated that it was only the driver of the van caused the accident and the driver was charge-sheeted by Panthalkudi Police Station in Cr. No. 46 of 2006. Due to the accident, the injured-claimant sustained injury on shoulder and grievous injuries all over the body. He was admitted in the Government Hospital, Aruppukkottai and later in the Amar Hospital, Aruppukkottai and has taken treatment. X-rays taken for the injured-claimant shows that the injured-claimant sustained injury in the shoulder. The doctor who examined the injured-claimant determined the disability at 42%. Ex.X-6 is the Disability Certificate. After considering the facts and circumstances of the case, this Court is of the view that the Tribunal has correctly arrived at a sum of Rs. 63,000/-towards loss due to 42% disability. In the evidence of the doctor, it is stated that the claimant is not able to work as before. Therefore, the Tribunal has awarded a sum of Rs. 1,500/-for each percentage of disability. It is very reasonable and hence, the same is confirmed. The Tribunal has also awarded a sum of Rs. 7,016/-towards medical expenses. Ex.P.6 is the series of medical bills. It is an actual expenditure. The amount awarded towards this head is also very reasonable and hence, the same is confirmed. Further, the Tribunal has awarded a sum of Rs. 5,000/-towards pain and suffering, a sum of Rs. 3,000/-towards extra nourishment and further sum of Rs. 1,000/-towards transport charges. There is no dispute that the injured-claimant took treatment in various hospitals. Hence, this Court of the view that the amounts awarded under the above mentioned heads are very reasonable and hence they are confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. After taking into consideration of the date of accident, date of award and prevailing rate of interest during that period, the interest rate awarded by the Tribunal is reasonable and hence the same is confirmed.
The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or illegality in the order of the Tribunal so as to warrant interference. It is a question of fact. It is not a perverse order. Therefore, the award passed by the Tribunal is in accordance with law and the same is confirmed.
In the result, the Civil Miscellaneous Appeal is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
C.M.A. No. 1532 of 2010 in M.C.O.P. No. 38 of 2007:
The injured claimant was 42 years old at the time of the accident. She was working as a Coolie and was earning a sum of Rs. 1,800/-p.m. Further in her evidence, it is stated that it was only the driver of the van caused the accident and the driver was charge-sheeted by the Panthalkudi Police Station in Cr. No. 46 of 2006. Due to the accident, the injured-claimant sustained injuries all over the body. She was admitted in the Government Hospital, Aruppukkottai and later admitted in the Government Rajaji Hospital, Madurai and Vikram Hospital, Madurai and then Amar Hospital, Aruppukkottai and Aravind Eye Hospital, Madurai and had taken treatment. She was also examined by the doctor who determined the disability at 34%. Ex.X.1 is the Disability Certificate. After considering the facts and circumstances of the case, the Tribunal has correctly arrived at a sum of Rs. 51,000/-towards loss due to 34% disability. In the evidence of the doctor, it is stated that the claimant is not able to work as before. Therefore, the Tribunal awarded a sum of Rs. 1,500/-for each percentage of disability. It is very reasonable and hence, the same is confirmed. The Tribunal has also awarded a sum of Rs. 12,985/-towards medical expenses. Ex.P.9 is the series of medical bills. It is an actual expenditure. The amount awarded towards this head is also very reasonable and hence, the same is confirmed. Further, the Tribunal has awarded a sum of Rs. 10,000/-towards pain and suffering, a sum of Rs. 3,000/-towards extra nourishment and further sum of Rs. 1,000/-towards transport charges. There is no dispute that the injured-claimant took treatment in various hospitals. Hence, this Court is of the view that the amounts awarded under the above mentioned heads are very reasonable and hence they are confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. After taking into consideration of the date of accident, date of award and prevailing rate of interest during that period, the interest rate awarded by the Tribunal is reasonable and hence the same is confirmed.
The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or illegality in the order of the Tribunal so as to warrant interference. It is a question of fact. It is not a perverse order. Therefore, the award passed by the Tribunal is in accordance with law and the same is confirmed.
In the result, the Civil Miscellaneous Appeal is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.