BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/12/2008 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN CMA(MD) No.1599 of 2008 The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Tirunelveli Region, Vannarpettai, Tirunelveli. .. Appellant Vs. A.Veeman .. Respondent Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award made in MCOP No.245 of 2004 dated 06.08.2004 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli. !For Appellant ... M/s.Rajnish Pathiyil ^For Respondent ... Mr.T.Selvakumaran :JUDGMENT
This Civil Miscellaneous Appeal is directed against the judgment and award
made in MCOP No.245 of 2004 dated 06.08.2004 on the file of the Motor Accidents
Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli.
2. The brief facts arising out of this appeal are as under:-
On 31.03.1999 the respondent / claimant was travelling in the appellant’s
bus bearing Registration No.TN-72-N-0608 from Sankarankoil to his native place.
When the bus was reaching north of Gurukkapattin on the Sankarankoil to
Tirunelveli Main Road, at about 8.00 p.m., the driver drove the bus rashly and
negligently at high speed and at that time, on seeing a bus from the opposite
direction, he applied the brake suddenly, due to which the bus capsized. The
claimant as well as others sustained grievous injuries. The claimant claimed a
compensation of Rs.50,000/- before the Tribunal.
3. Before the Tribunal, P.W.1 and P.W.2 were examined and Ex.P1 to P9 were
marked. On consideration of the evidence on record, the Tribunal awarded a
compensation of Rs.41,500/- with interest at 9% p.a. from the date of petition.
The details of the compensation are as under:-
Rupees
Partial permanent disability 25,000/-
Transport to hospital 500/- Nourishment 2,000/- Medicines, medical expenses and attendant expenses 4,000/- Pain and suffering 10,000/- ------------- Total.... 41,500/- =============
Challenging the award of the Tribunal, the present appeal has been filed by the
appellant / Transport Corporation.
4. At the outset, the counsel for the appellant has submitted that he is
not disputing 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, but he is disputing 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 is confirmed.
5. Therefore, the question to be decided is, what is the just compensation
to the claimant?
6. The counsel for the appellant has submitted that the claimant sustained
only contusion and therefore the award of the Tribunal is excessive.
7. With regard to disability, the Tribunal has awarded Rs.25,000/-. P.W.2
is the Doctor. He examined the claimant and assessed the disability at 30%.
For 30% disability, it would be appropriate to award Rs.30,000/- (Rs.1,000/- per
1% of disability). Therefore the amount awarded by the Tribunal towards partial
permanent disability stands modified to Rs.30,000/-.
8. The Tribunal has awarded Rs.500/- towards transport to hospital. After
the accident, the claimant travelled in the KSA Bus. They would not have
collected Rs.500/- from the claimant towards transport to hospital for such a
short distance, as they have provided the service as a help. Therefore the
amount awarded by the Tribunal at Rs.500/- towards transport to hospital is set
aside.
9. The amount awarded by the Tribunal towards nourishment at Rs.2,000/- is
very reasonable and hence the same is confirmed.
10. The Tribunal has awarded Rs.4,000/- towards medicines, medical
expenses and attendant expenses. The claimant has not produced any medical
bills to show that he has incurred medical expenses. Even, the claimant did not
say in his evidence that there were attendants to look after him. Therefore the
amount awarded by the Tribunal towards medicines, medical expenses and attendant
expenses at Rs.4,000/- is set aside.
11. On a perusal of Ex.P1-Wound Certificate and also the evidence of the
Doctor-P.W.2, it is clear that the victim sustained fracture. For pain and
suffering, the Tribunal has awarded Rs.10,000/-. For the fracture, certainly
the claimant would have suffered much. Therefore it would be appropriate to
award Rs.15,000/- towards this head. Accordingly, the amount awarded by the
Tribunal towards pain and suffering stands modified to Rs.15,000/-.
12. The interest rate fixed by the Tribunal at 9% p.a. from the date of
petition is confirmed.
13. The details of the modified compensation are as under:-
Rupees
Partial permanent disability 30,000/-
Nourishment 2,000/- Pain and suffering 15,000/- ------------- Total.... 47,000/- =============
Therefore, the claimant is entitled to the modified compensation of Rs.47,000/-
with interest at 9% p.a. from the date of petition.
14. The Civil Miscellaneous Appeal is disposed of accordingly.
Consequently, M.P.(MD)No.4 of 2008 is closed. No costs.
km
To
The Chief Judicial Magistrate,
Motor Accidents Claims Tribunal,
Tirunelveli.