IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3331 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Vellore. ... Appellant/1st Respondent vs. 1.Alli Rani, 2.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Dharmapuri. ... Respondents/Petitioner and 2nd respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 18.6.2004 passed in M.C.O.P.No.1066 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub Court), Krishnagiri. For appellant : Mr.N.Anand For respondents : Mr.M.Selvam, for R1 : No appearance for R2 JUDGMENT
The Tamil Nadu Transport Corporation is on appeal challenging the award dated 18.6.2004 passed in M.C.O.P.No.1066 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub Court), Krishnagiri.
2. Notice was served on the respondents. Mr.M.Selvam, advocate states that he has filed vakalat for the first respondent/claimant. On behalf of the second respondent none appears.
3. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 5.12.1999. The injured claimant Alli Rani, aged 38 years, said to be an agriculturist and also earning through vending of ghee, suffered injuries while she was travelling in the appellant transport corporation bus. She was treated at Government Hospital, Uthangarai. According to the claimant, she suffered the following injuries:-
“(1) Knee wound 0.5 x 0.5 c.m. Right knee upper,
(2) Contusion over the right shoulder,
(3) Laceration over the right leg foot big toe,
(4) Contusion over the right hand upper wrist”
She claimed a sum of Rs.50,000/- as compensation stating that she was earning Rs.3,500/- per month at the time of accident.
4. In support of the claim, the injured claimant was examined as P.W.1. Exs.A-1 and A-2 were filed, the details of which are as follows:-
Ex.A-1 is the copy of FIR and
Ex.A-2 is the copy of accident register extract
No oral or documentary evidence was let in on behalf of appellant transport corporation, the first respondent before the Tribunal.
5. The Tribunal based on the oral and documentary evidence held that the accident was caused due to rash and negligent driving of the driver of the appellant transport corporation bus and considering the injuries as above, the age and occupation of the claimant, granted the following amounts as compensation with 9% interest:-
Sl.No.
Head
Amount granted by the Tribunal
1
For the injury suffered by the claimant
Rs.15,000/-
2
Medical expenses
Rs. 2,000/-
3
For pain, suffering and mental agony
Rs. 5,000/-
4
Transport expenses
Rs. 1,500/-
5
Extra nourishment
Rs. 1,500/-
Total
Rs.25,000/-
6. The only contention raised by the appellant’s counsel in this appeal is that there is no medical records to show the treatment undergone by the claimant at the Government hospital. Medical bills were not submitted. The injuries are simple in nature, even as per the finding of the Tribunal in paragraph 9 of the award. Therefore, the sum of Rs.15,000/- granted for injury is on the higher side. He pleaded for reduction of that amount.
7. Heard Mr.M.Selvam, the counsel appears for the first respondent/claimant. He states that the amount granted by the Tribunal is just and reasonable and should not be interfered with.
8. The accident in this case happened on 5.12.1999. The injuries are simple in nature as recorded by the Tribunal. Reasonable amounts have been granted for pain and suffering, for extra nourishment, for transport and for medical expenses. Since the injuries are simple in nature and taking note that the accident happened in the year 1999, the sum of Rs.15,000/- granted for injuries is reduced to Rs.10,000/-. The other amounts granted are not seriously disputed and are confirmed. Accordingly, the award of the Tribunal is modified as follows:-
Sl.No.
Head
Amount granted by the Tribunal
Amount granted by this Court
1
For the injury suffered by the claimant
Rs.15,000/-
Rs.10,000/-
2
Medical expenses
Rs. 2,000/-
Rs. 2,000/-
3
For pain, suffering and mental agony
Rs. 5,000/-
Rs. 5,000/-
4
Transport expenses
Rs. 1,500/-
Rs. 1,500/-
5
Extra nourishment
Rs. 1,500/-
Rs. 1,500/-
Total
Rs.25,000/-
Rs.20,000/-
9. Even though the accident happened in the year 1999, the claim was made only in the year 2002. Hence, the interest granted at 9% by the Tribunal is reduced to 7.5%.
10. Counsel for the appellant prays eight weeks’ time to deposit the balance award amount and on such deposit the counsel for the claimant prays for withdrawal.
11. In the result, the Civil Miscellaneous Appeal is allowed in part as follows:-
(i) The award of the Tribunal is reduced to Rs.20,000/- from Rs.25,000/-.
(ii) The interest granted by the Tribunal at 9% is reduced to 7.5% per annum. Accordingly, the award amount will bear interest at 7.5% from the date of claim petition till date of deposit.
(iii) The appellant is permitted to deposit the balance award amount as per order of this Court if there is a short fall and on such deposit the claimant is permitted to withdraw the award amount as ordered by this court. If there is excess deposit appellant can withdraw.
(iv) There shall be no order as to costs.
(v) Consequently, connected miscellaneous petition is closed.
ts
To
1. Subordinate Judge,
(The Motor Accidents Claims Tribunal)
Krishnagiri