IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.1.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal (NPD)No.414 of 2003 Tamilnadu State Transport Corporation (K-Dn-I) Ltd., represented by the Managing Director, Kumbakonam. ... Appellant/Respondent vs. Ganapathy. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 25.5.2001 passed in M.C.O.P.No.134 of 2000 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Nagapattinam. For appellant : Mr.P.Jagadeeswaran For respondent : No appearance. ----- JUDGMENT
The Tamilnadu State Transport Corporation is on appeal challenging the award dated 25.5.2001 passed in M.C.O.P.No.134 of 2000 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Nagapattinam.
2. Though the respondent/claimant was served, none appears on behalf of the respondent at the time of final hearing of the appeal of the year 2003.
3. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 25.1.2000. The injured claimant Ganapathy, aged 55 years, an agriculturist and paddy merchant, was riding a cycle. He was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident, the said Ganapathy sustained the following injuries:-
(i) fracture of 3 bones on the right chest,
(ii) fracture of the shoulder and
(iii)blood clot of the right leg.
He was treated at Government Hospital at Mannargudi and thereafter at Thanjavur hospital. He was inpatient in hospital for sometime. He filed a claim for compensation in a sum of Rs.3 lakhs for the injury suffered stating that he was earning Rs.7,500/- per month at the time of accident.
4. In support of the claim, the injured claimant was examined as P.W.1. In the list of witnesses, no mention is made about P.W.2. In paragraph 6 of the award, it is stated that the doctor was examined as P.W.2. Exs.A-1 to A-14 were marked on behalf of the claimant, the details of which as mentioned in the award are as follows:-
Ex.A-1 is the certified copy of FIR, dated 24.3.2000,
Ex.A-2 is the returned C.P. in No.473/2000 dated 28.6.2000,
Ex.A-3 is the discharge card dated 1.2.2000,
Ex.A-4 is the outpatient treatment card dated 14.2.2000,
Ex.A-5 is the ECG Report,
Ex.A-6 series are the doctor’s prescriptions (20 numbers),
Ex.A-7 series are the test reports,
Ex.A-8 series are the receipts for Rs.7,095/-,
Ex.A-9 series are the medical bills for Rs.2,718.15,
Ex.A-10 series are the bills for Rs.362.80,
Ex.A-11 series are X-Rays,
Ex.A-12 is the attested photocopy of wound certificate dated
24.3.2000,
Ex.A-13 is the disability certificate dated 21.5.2001 and
Ex.A-14 is the X-Ray of the claimant.
The driver of the appellant transport corporation was examined as R.W.1. No document was marked on behalf of the appellant transport corporation, the respondent before the Tribunal.
5. The finding of negligence on the part of the driver of the appellant transport corporation bus, who is held responsible for the accident and the injury caused to the claimant, and the liability fixed on the appellant transport corporation to compensate the injured claimant is not seriously disputed by the appellant’s counsel and the same is confirmed. The only contention raised by the counsel for the appellant is on the quantum of compensation.
6. The disability in this case has been assessed at 40% by P.W.2 under Ex.A-13. Ex.A-12 is the wound certificate. Claimant stated that he was earning a sum of Rs.5,000/- per month by way of sale of paddy and also doing agriculture at the time of accident. He was 55 years old. There is no proof with regard to income. The Tribunal, in the absence of specific material, fixed the income of the injured claimant at Rs.2,000/- per month. Considering the nature of injury, age, occupation, disability assessed, the Tribunal granted the following amounts as compensation with interest at 12% per annum:-
Sl.No.
Head
Amount granted by the Tribunal
1
Loss of income during the period of treatment
Rs.12,000/-
2
Transportation expenses
Rs. 2,000/-
3
Extra nutrition expenses
Rs. 2,000/-
4
Pain and sufferings
Rs. 4,000/-
5
Loss of future earning capacity
Rs.12,000/-
6
Partial permanent disability
Rs.35,000/-
7
Medical expenses
Rs. 8,176/-
Total
Rs.75,176/-
7. In appeal, the point urged by the counsel for the appellant is on the quantum of compensation and the rate of interest. It is contended that the Tribunal having granted a sum of Rs.35,000/- towards disability, the further sum of Rs.12,000/- granted for loss of future earning capacity is not justified. Therefore, the quantum of compensation has to be reduced. He pleaded that the interest is high.
8. On going through the award of the Tribunal, this Court is not inclined to interfere with the quantum of compensation for the following reasons:-
(i) In the accident which happened on 25.1.2000, the 55 years old claimant suffered grievous injuries. He was engaged in agriculture and sale of paddy at the time of accident. He was treated in hospital for quite sometime.
(ii) For the disability assessed at 40% a sum of Rs.35,000/- alone has been granted.
(iii) The injured claimant had taken treatment in more than two hospitals. Therefore, the Tribunal should have given reasonable and higher compensation for transportation expenses, extra nourishment and for pain and suffering undergone by the claimant.
(iv) No amount has been granted for attender charges.
(v) The sum of Rs.12,000/- granted on the head loss of earning capacity in the future though not justified can be adjusted on the various heads as follows:-
(a) Towards attender charges,
(b) towards pain and sufferings, extra nutrition and transport expenses for which meagre amounts have been granted.
(vi) Considering the above aspects, the quantum of compensation in a sum of Rs.75,176/- is justified and does not require to be reduced by this Court.
9. In this case the Tribunal granted 12% interest. Since the accident in this case happened in the year 2000 and the award was passed in the year 2001, keeping in mind the decision of the Apex Court in TAMIL NADU STATE TRANSPORT CORPORATION V. RAJA PRIYA reported in 2005 (3) CTC 373, the interest is reduced to 9% from 12%.
10. It is stated that entire award amount has been deposited pursuant to the order dated 24.3.2003 and the injured claimant was permitted to withdraw a sum of Rs.42,887/- as per order dated 30.6.2003. The claimant is entitled to the amount as per the award except the interest portion which stands reduced as above.
11. In the result, the Civil Miscellaneous Appeal is ordered as above inasmuch as the interest stands reduced to 9% from 12%. The injured claimant is permitted to withdraw the balance award amount payable in terms of the order of this court. The appellant is entitled to withdraw the excess amount in deposit after settling the claimant. There will be no order as to costs.
6.1.2009
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ts
To
The Additional District Judge,
(The Motor Accidents Claims Tribunal)
Nagapattinam.
R.SUDHAKAR,J.
ts
Judgment in
C.M.A.(NPD)No.414 of 2003
6.1.2009