JUDGMENT
P.P.S. Janarthana Raja, J.
1. This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Award and Decree made in MCOP No. 127 of 2004 dated 06.03.2006 on the file of the Motor Accidents Claims Tribunal (Sub Court, Thirupathur).
2. Background facts in a nutshell are as follows:
The respondent/claimant was injured in a road accident on 21.08.2003 at about 4.10 p.m. The claimant was going in the Bajaj M80 motorcycle towards Krishnagiri, in the Krishnagiri Road. When he was nearing Harur Hospital, a bus bearing Registration No. TN-29-N-1397 belonging to the appellant/Transport Corporation, driven by its driver in a rash and negligent manner, came from the same direction and hit the motorcycle. Due to the accident, the claimant was thrown away and sustained grievous injuries. The claimant claimed a compensation of 10,60,000/-, but restricted the claim to Rs. 9,00,000/- before the Tribunal. The appellant/Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:
a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant/Transport Corporation or not?
b) Whether the claimant is entitled to receive any compensation? If so, what is the amount and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs. 1,77,000/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:
Rupees
Loss of income during
the treatment period 30,000/-
Transport expenses 4,000/-
Nourishment 6,000/-
Medical expenses 25,000/-
Future medical expenses 10,000/-
Attendant charges 2,000/-
Pain and suffering 25,000/-
Mental shock 25,000/-
Permanent disability 50,000/-
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Total... 1,77,000/-
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Aggrieved by the award, the Transport Corporation has filed the present appeal.
3. Learned Counsel appearing for the Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.
4. Learned Counsel appearing for the respondent/claimant submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law and the same has to be confirmed.
5. Heard the counsel. On the side of the claimant, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P7 were marked. On the side of the Transport Corporation, one Sokkan was examined as R.W.1, who is the driver of the bus and no documents were marked. P.W.1 is the claimant. P.W.2 is the Doctor. Given below is the list of exhibits marked on the side of the claimant:
Ex.P1-Copy of First Information Report
Ex.P2 and Ex.P3-Wound Certificates
Ex.P4-Copy of Accident Register
Ex.P5-Medical bills
Ex.P6-Receipt for hiring of car
Ex.P7-Permanent Disability Certificate
After considering the above materials and evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the bus driver. The finding given by the Tribunal is based on valid materials and evidence.
6. The claimant was 41 years old at the time of accident. He is a Civil Engineer (Building Contractor). He claimed that he is earning a sum of Rs. 10,000/- per month. Due to the accident he sustained the following injuries:
a) An abrasion in the forehead and skull right side.
b) An abrasion in the left hand.
c) An abrasion in the right foot.
d) An abrasion in the cheek right side.
e) Multiple injuries all over the body.
After the accident, he took treatment in the Government Hospital, Thirupathur. Later he was referred to C.M.C. Hospital, Vellore and a Private Nursing Home at Thirupathur for better treatment. Due to the accident, he is often getting headache and giddiness, unable to eat hard food, unable to sit, stand, bend, walk and ride any two-wheeler. He is also unable to carry any weight and do the work as before. Even though it is claimed that he is earning Rs. 10,000/- per month, no documentary evidence filed in support of the same. Hence the Tribunal was of the view that the claimant would have earned a sum of Rs. 5,000/- per month. The claimant claimed that he took treatment for a period of six months and during that period he lost his income. Against this claim, the Tribunal has awarded a sum of Rs. 30,000/- (Rs. 5,000/- x 6 months) towards loss of income during the treatment period, taking the monthly income as Rs. 5,000/- and the treatment period as 6 months. The amount awarded by the Tribunal at Rs. 30,000/- towards loss of income during the treatment period is very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 4,000/- towards transport expenses, Rs. 6,000/- towards nourishment and Rs. 2,000/- towards attendant charges, which I feel are very reasonable and hence they are confirmed. The Tribunal has awarded a sum of Rs. 25,000/- towards medical expenses. Relying on Ex.P5-Medical bills, the Tribunal has correctly awarded a sum of Rs. 25,000/- towards medical expenses. It is an actual expenditure and hence it is confirmed. The Tribunal has awarded a sum of Rs. 10,000/- towards future medical expenses without any basis and justification. With regard to this head, no details were produced by the claimant to substantiate the claim. Hence the amount awarded by the Tribunal at Rs. 10,000/- towards future medical expenses is set aside. The Tribunal has awarded a sum of Rs. 25,000/- towards pain and suffering. Taking into consideration the injuries sustained by the claimant as stated above, I feel that the amount awarded by the Tribunal towards pain and suffering at Rs. 25,000/- is very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 25,000/- towards mental shock. The Tribunal has already awarded Rs. 25,000/- towards pain and suffering and hence it is not proper for the Tribunal to award a further sum of Rs. 25,000/- towards mental shock. Counsel appearing for the claimant has also no serious dispute regarding the same. Hence the amount awarded by the Tribunal towards mental shock at Rs. 25,000/- is set aside. The Tribunal has awarded a sum of Rs. 50,000/- towards 25% permanent disability. P.W.2, the Doctor, examined the claimant and assessed the disability at 25%. Normally the Courts award between Rs. 1,000/- to Rs. 2,000/- per percentage of disability. After taking into consideration the facts and circumstances of the case, I feel that the Tribunal has correctly awarded Rs. 50,000/- towards 25% disability at Rs. 2,000/- per percentage of disability. Hence the same is confirmed. The details of the modified compensation are as under:
Rupees
Loss of income during
the treatment period 30,000/-
Transport expenses 4,000/-
Nourishment 6,000/-
Medical expenses 25,000/-
Attendant charges 2,000/-
Pain and suffering 25,000/-
Permanent disability 50,000/-
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Total... 1,42,000/-
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Therefore the claimant is entitled to the modified compensation of Rs. 1,42,000/- as against the compensation of Rs. 1,77,000/- awarded by the Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence it is confirmed.
7. It is stated that the appellant/Transport Corporation has already deposited Rs. 1,00,000/- as per the order of this Court dated 15.03.2007. Therefore, the Transport Corporation is directed to deposit Rs. 1,42,000/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount already deposited. On such deposit, the claimant is permitted to withdraw the same.
8. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P. Nos. 1 of 2007 and 1 of 2008 are closed. No costs.