IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2010
Coram:
THE HONOURABLE MR. JUSTICE C.S.KARNAN
C.M.A.No.2114 of 2005
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.
Villupuram. ... Appellant
vs.
S.Shanmugam ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the award and Decreetal order passed by the Motor Accidents Claims Tribunal (Fast Track Court, Kallakurichi), in MACTOP No.639 of 2003, dated 21.09.2004 .
For Appellant : Mr.A.Babu
For Respondent : Mr.K.G.Senthil Kumar
- - -
J U D G M E N T
The above Civil Miscellaneous Appeal has been filed by the appellant / State Transport Corporation, against the award and decree passed by the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi, made in M.C.O.P.No.639 of 2003, dated 21.09.2004.
2.The short facts of the case are as follows:
On 18.08.2001, at around 01.30 p.m., the petitioner was travelling on his motorcycle bearing Registration No.TCF-8697 from Kallakurichi to Thittakudi, when at that point of time, the respondent Corporation bus bearing Registration No.TN32-0763 driven by its driver in a rash and negligent manner and dashed against the motorcyclist, as a result, he sustained bone fracture injuries. Hence, the claim petition filed against the respondent for compensation a sum of Rs.2,50,000/-.
3.The respondent had filed a counter statement and resisted the claim petition. The respondent denied that the driver of the bus had committed the said accident. The age, income and occupation are denied besides the claim amount is excessive. The respondent further stated that the complaint lodged with the Police, four days after the accident.
4.On the plea of both parties, the Tribunal had framed two issues for consideration, namely;
(i)Was the accident committed by the driver of the bus in a rash and negligent manner?
(ii)Whether the claimant is entitled to receive compensation? If so what is the quantum of compensation?
5.On the side of the claimant two witnesses had been examined viz., PW1 / claimant, PW2-Dr.Chandirasekaran and eight documents were marked viz., Ex.P1-First Information Report, Ex.P2-Wound Certificate, Ex.P3-C.T.Scan Report, Ex.P4- Medical Bills, Ex.P5-Salary Certificate, Ex.P6-X-ray, Ex.P7-Disability Certificate, Ex.P8-X-ray. On the side of the respondent the driver of the transport Corporation bus was examined as RW1 and one document was marked.
6.PW1 had adduced evidence stating that on 18.08.2001 at about 01.30 p.m., he was proceeding on his motorcycle bearing Registration No.TCF-8697 from Kallakurichi to Thittakudi, when at that point of time, the respondent bus bearing Registration No.TN32-0763 driven by its driver in a rash and negligent manner and dashed against the motorcyclist, as a result, he sustained bone fracture injuries on his left shoulder and various bodily injuries. Immediately, he was taken to the Government Hospital at Kallakurichi for medical treatment, thereafter he was referred to Government Hospital, Salem for further treatment. PW1 further stated that he is a Teacher at Government Tribal Residential Middle School at Paranginatham and his monthly salary was Rs.13,000/-.
7.RW1 had adduced evidence stating that he had not committed any accident, but the claimant lodged a complain after four days which was levelled against him.
8.PW2 doctor had adduced evidence stating that he had examined the claimant and assessed the disability as 20%, he also spoke in tandem regarding nature of injuries.
9.On considering the evidence of the witnesses, the Tribunal had awarded a sum of Rs.1,25,800/- with interest at the rate of 9% per annum.
10.Aggrieved by the said award, the appellant Transport Corporation has filed the above appeal to scale down the compensation.
11.The learned counsel for the appellant argued that the claimant had sustained simple injuries and he had undergone treatment at Government Hospitals. The doctor assessed the disability as 20%. The Tribunal had adopted the multiplier method and awarded compensation a sum of Rs.1,71,600/- out of this amount 50% negligence fashioned on the claimant’s side, the balance 50% award amount i.e., Rs.85,800/- under the head of permanent disability besides the Tribunal had awarded Rs.35,000/-, Rs.5,000/- respectively, towards medical expenses and pain and suffering. In total, the Tribunal had awarded a sum of Rs.1,25,800/-. The learned counsel further argued that the multiplier method had been adopted by the Tribunal is not appropriate in the instant case, since the claimant had sustained simple injuries and he continues in his profession as a Teacher.
12.Learned counsel for the claimant argued that immediately after the accident the claimant was taken to the Hospital for treatment, after four days the case was levelled against the driver of the offending bus, due to the delay, the accident case cannot be rejected and there is no legal lucuna. The Tribunal had not considered compensation under the heads of transport, nutrition, attender charges and loss of earning during the medical treatment and convalescing periods.
13.On considering the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that the multiplier method is not proper, further the Tribunal had fashioned the 50% liability is also in appropriate, since the FIR was registered against the driver of the bus, further in the absence of rough sketch, the liability cannot be fashioned on the claimant’s side. Therefore, the respondent State Transport Corporation is liable to pay the full compensation, as such this Court assesses the compensation as follows:-
Rs.40,000/-, Rs.5,000/- Rs.10,000/-, Rs.5,000/-, Rs.35,000/-, Rs.8,000/- and Rs.3,000/- granted towards disability, transport, pain and suffering, nutrition, medical expenses, loss of income and attender charges respectively. In total, this Court awards a sum of Rs.1,06,000/- and this amount will carry interest at the rate of 9% per annum from the date of filing the claim petition till the date of payment of compensation.
14.On 28.07.2005, this Court imposed a condition on the appellant / Transport Corporation to deposit the entire compensation amount with interest to the credit of M.C.O.P.No.639 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi. Now, it is open to the claimant to withdraw the modified compensation amount, as observed above lying in the credit of M.C.O.P.No.639 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi, after filing a Memo along with this order. Like wise, the appellant / Transport Corporation is at liberty to withdraw the excess amount of compensation lying in the credit of M.C.O.P.No.639 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi after observing necessary formalities before the Court below.
15. Resultantly, the above Civil Miscellaneous Appeal is partly allowed. Consequently, the award and decree passed by the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi made in M.C.O.P.No.639 of 2003, dated 21.09.2004 is modified. There is no order as to costs.
r n s
To
The Fast Track Court,
Motor Accidents Claims Tribunal,
Kallakurichi