IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.2.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.345 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram. ... Appellant/1st Respondent vs. 1.A.Khader Bai, 2.M/s.Chetak Logistics Limited, Faridabad, Haryana. 3.The Divisional Manager, New India Assurance Company Ltd., Vellore 632 001. (2nd Respondent was given up) ... Respondents/Petitioner and respondents 2 and 3 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 4.2.2008 passed in M.C.O.P.No.265 of 2007 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.2), Ranipettai. For appellant : Mrs.B.Vijayalakshmi ----- JUDGMENT
The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 4.2.2008 passed in M.C.O.P.No.265 of 2007 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.2), Ranipettai.
2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 15.9.2005. The injured claimant A.Khadar Bai, aged 47 years, engaged in chapple selling business, was travelling in the appellant transport corporation bus. Due to rash and negligent driving by the driver of the bus, the bus hit a lorry on its rear while going behind the lorry. In that accident several persons, who travelled in the bus, sustained grievous injuries. The claimant Khadar Bai suffered fracture to his nasal bone. He was first treated at Government hospital at Walaja and then at C.M.C. Hospital, Vellore. He filed a claim for compensation in a sum of Rs.2 lakhs for the injury suffered in the accident stating that he was earning a sum of Rs.6,000/- per month at the time of accident.
3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Shanmugham, was examined as P.W.2. Exs.A-1 to A-5 were marked, the details of which are as follows:-
Ex.A-1 is the copy of FIR,
Ex.A-2 is the copy of wound certificate,
Ex.A-3 is the copy of accident register,
Ex.A-4 is the medical bills and
Ex.A-5 is the discharge certificate.
On behalf of the appellant transport corporation, the first respondent before the Tribunal, one Udhayakumar was examined as R.W.1 and one Kesavan was examined as R.W.2. No document was marked on behalf of the appellant transport corporation.
4. The Tribunal based on the oral and documentary evidence on record, came to the conclusion that the driver of the appellant transport corporation was rash and negligent in driving the bus and was responsible for the accident, in which the claimant suffered fracture to his nasal bone and consequently, liability to compensate the injured claimant was fixed on the appellant transport corporation. Such finding of the Tribunal is not seriously disputed by the learned counsel for the appellant and the same is confirmed.
5. As far as quantum of compensation is concerned, the Tribunal based on the oral and documentary evidence and the nature of injury suffered by the claimant, granted the following amount as compensation with interest at 6% per annum:-
Sl.No.
Head
Amount granted by the Tribunal
1
Loss of income during the period of treatment
Rs. 2,000/-
2
Transport expenses
Rs. 2,000/-
3 Extra nourishment Rs. 500/- 4 Medical expenses Rs.10,142/- 5 Disability assessed at 20% Rs.20,000/- 6 Pain and suffering Rs.25,000/- Total Rs.59,642/-
6. In appeal, the learned counsel for the appellant pleaded that the sum of Rs.25,000/- granted towards pain and suffering is high. Therefore, the quantum of compensation has to be reduced.
7. While going through the award of the Tribunal, this Court is not inclined to interfere with the quantum of compensation on the above said contention for the following reasons:-
(i) The accident in this case happened on 15.9.2005. The injured claimant was 47 years old at the time of accident.
(ii) From the records, it is clear that the injured claimant was treated at the Government Hospital, Walaja, thereafter at C.M.C. Hospital, Vellore, where he was treated for 5 days as inpatient. He suffered fracture to the nasal bone. Due to nasal bone fracture, the injured claimant suffered breathing trouble.
(iii) Even though the claimant was teated at Walaja Government Hospital and then at C.M.C. Vellore, hospital, no amount was granted towards attender charges.
(iv) In this case the Tribunal granted only 6% interest
(v) The compensation granted towards transport and extra nourishment are very very meagre. The excess amount granted towards pain and suffering can be adjusted towards attender charges and towards lesser amount granted towards transport and nutritious food expenses.
(vi) Considering the above aspects, the total compensation granted by the Tribunal in a sum of Rs.59,642/- does not require any further reduction.
8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks’ time to deposit the award amount and is granted. On such deposit, the claimant is permitted to withdraw the same. Consequently, connected miscellaneous petition is closed.
11.2.2009
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ts
To
The Additional District and Sessions Judge,
Fast Track Court No.2,
(The Motor Accidents Claims Tribunal)
Ranipettai.
R.SUDHAKAR,J.
ts
Judgment in
C.M.A.No.345 of 2009
11.2.2009