JUDGMENT
P.P.S. Janarthana Raja, J.
1. The Civil Miscellaneous Appeal is filed by the Transport Corportion against the award and decreetal order passed by the Motor Accidents Claims Tribunal (I Additional Subordinate Judge, Villupuram) and made in MACT.OP No. 415 of 2003 dated 25.09.2006.
2. Background facts in a nutshell are as follows:
The claimant was injured in a motor accident on 18.11.2002 at about 7.30 p.m. The claimant was travelling as a passenger with his wife in the Sri Krishna Transport Bus bearing Registration No. PY-01-T-0405 from Villupuram to Pondicherry belonging to the second respondent. At that time, a bus bearing Registration No. TN-32-N-1566, belonging to the appellant / Transport Corporation, driven by its driver in a rash and negligent manner, came from the opposite side and hit on the front side of the said Sri Krishna Transport bus. Due to the accident, the claimant’s right leg was crushed and also sustained multiple injuries all over the body. The claimant claimed a sum of Rs. 5,00,000/- as compensation before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the following issues were framed by the Tribunal:
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 for 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 driver of the bus belonging to the appellant / Transport Corporation and awarded a compensation of Rs. 91,970/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:
Rupees
Disability 45,000/-
Pain and suffering 25,000/-
Loss of income during
the treatment period 6,970/-
Medical expenses 10,000/-
Nourishment 5,000/-
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Total 91,970/-
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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. Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P20 were marked. On the side of the Transport Corporation, no witnesses were examined and no documents were marked. P.W.1 is the claimant. P.W.3 is the Doctor. Ex.P1 is the copy of First Information Report. Ex.P2 is the copy of Motor Vehicle Inspector’s Report. Ex.P3 is the Accident Register. Ex.P4 is the Out-patient slip. Ex.P5 is the patient’s Registration Card of Pondicherry Institute of Medical Sciences. Ex.P6 is the PIMs Hospital Discharge Summary. Ex.P7 is the Wound Certificate. Ex.P8 is the Ortho Doctor’s Certificate. Ex.P9 is the Plastic Surgeon’s Certificate. Ex.P10 is the Anglo French Textiles Workers’ Identity Card. Ex.P11 is the Salary Slip. Ex.P12 are the details of medical expenses and pharmacy bills. Ex.P19 is the Permanent Disability Certificate. Ex.P20 is the x-ray. 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 bus belonging to the appellant / Transport Corporation. The finding of the Tribunal is based on valid materials and evidence.
5. The claimant was 59 years old at the time of accident. He is working as Jobber at the Weaving ‘B’ Unit of Anglo French Textiles at Pondicherry. The claimant claimed that he is earning more than Rs. 10,000/- per month. Due to the accident, the claimant’s right leg was crushed and also he sustained multiple injuries all over the body. Immediately after the accident, he was taken to the Government Hospital, Villupuram for medical treatment and he was referred to other hospitals for better treatment. Later, he was taken to Pondicherry Institute of Medical Sciences, Kalapet, Pondicherry and admitted as in-patient. Due to the accident, the claimant sustained the following injuries:
a) Crush injury in the right foot.
b) Crush injury in the right leg.
c) Loss of I and II toes on right foot.
d) Laceration on the left cheek 3 x 1 x 1cm.
e) Laceration on the lower lip 2 x 1cm.
f) Abrasion on fore head.
g) Multiple injuries all over the body.
The claimant was in-patient for one month from 19.11.2002 to 19.12.2002 in the Pondicherry Institute of Medical Sciences, Kalapet, Pondicherry. The details of operations done are as under:
19.11.2002 Wound debridement
23.11.2002 Revision amputation right 1st and
2nd toes
30.11.2002 Wound debridement
11.12.2002 Split thickness skin grafting
Ex.P6 is the Discharge Summary given by the Pondicherry Institute of Medical Sciences, Pondicherry, in which the nature of injuries and the treatment details are given. After considering the same, the Tribunal awarded a sum of Rs. 25,000/- towards pain and suffering. I feel that the Tribunal has correctly awarded Rs. 25,000/- towards pain and suffering after taking note of the injuries and the treatments given. Hence the same is confirmed. P.W.3 is the Doctor who examined the claimant and assessed the disability at 50%, out of which 15% relates to permanent disability with regard to amputation of two toes at right leg. After considering the same, the Tribunal fixed the disability at 45% and awarded Rs. 45,000/- towards 45% disability, which is very reasonable and hence it is confirmed. Ex.P11 is the Salary Slip for the month of July 2002. During that period, the claimant was taking treatment for a period of one month. The total income stated in the salary slip is Rs. 6,972.53. The Tribunal rounded off the amount to Rs. 6,970/- and awarded the same towards loss of income during the treatment period, which is very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 10,000/- towards medical expenses. Ex.P12 is the series of medical bills amounting to Rs. 13,845.30, out of which the Tribunal has awarded Rs. 10,000/- considering the fact that the employer of the claimant would have given reimbursement to the claimant in respect of medical expenses. The amount given towards medical expenses at Rs. 10,000/- is also very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 5,000/- towards nourishment. After taking into consideration the facts and circumstances of the case, I feel that the amount awarded by the Tribunal towards nourishment at Rs. 5,000/- is very reasonable and hence it is confirmed. 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. The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or legal infirmity in the order of the Tribunal so as to warrant interference.
6. In view of the foregoing reasons, the compensation awarded by the Tribunal at Rs. 91,970/- with interest at 7.5% p.a. from the date of petition is confirmed. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P. No. 1 of 2008 is closed. No costs.
7. The Transport Corporation is directed to deposit the award amount of Rs. 91,970/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount if any, already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same.