BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/12/2008 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN C.M.A.(MD)No.1554 of 2008 and M.P.(MD) No.2 of 2008 The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Ltd., No.19, Trivandrum Road, Vannarpettai Post, Tirunelveli. ... Appellant/Respondent Vs Sudalaikannu ... Respondent/Petitioner Prayer Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and decree dated 27.02.2007, passed in M.C.O.P.No.89 of 2006 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Thoothukudi. !For Appellant ... Mr.N.Asaithambi ^For Respondent ... No Appearance * * * * * :JUDGMENT
This Civil Miscellaneous Appeal is directed against the judgment and
decree dated 27.02.2007, passed in M.C.O.P.No.89 of 2006 by the Motor Accident
Claims Tribunal (Chief Judicial Magistrate), Thoothukudi.
2. Though notice was served on the first respondent and the name of his
counsel was printed, there is no representation for the first respondent, hence,
this Court is constrained to dispose of the civil miscellaneous appeal on
merits.
3. Before the tribunal, the appellant is the respondent and the respondent
is the petitioner.
4. The brief case of the petitioner in the claim petition is as follows:
On 12.05.2004, at about 6.45 A.M., when the petitioner was riding his bicycle on
the Tiruchendur to Tirunelveli main road near Ponnankuruchivellur Vilakku from
East to West on the left side of the road, at that time, the respondent
transport corporation bus bearing registration number TN-72-N-0862 was driven by
its driver in a rash and negligent manner and dashed against the petitioner. A
criminal case was registered in crime No.171 of 2004 under Sections 279 and 337
I.P.C. against the driver of the Transport Corporation on the file of
Srivaikundam Police Station. Due to that accident, the petitioner sustained
injuries, which resulted in permanent disability. At the accident the
petitioner was an agriculturist and was earning a sum of Rs.5,000/- per month.
Due to the accident he lost his income. So, he filed this petition claiming a
compensation of Rs.2,00,000/- before the Tribunal.
4. The respondent transport corporation filed counter wherein it was
contended that the accident occurred only due to the negligent riding of the
cycle by the petitioner; the driver of the respondent corporation is in no way
responsible for the accident; the petitioner sustained only simple injury in the
accident; the age, income and occupation are denied; the claim of Rs.2,00,000/-
is highly excessive and is without any basis and hence, the petition is liable
to be dismissed.
5. Before the Tribunal, on the side of the claimant, P.W.1 was examined
and Exs.P.1 to P.6 were marked and on the side of the respondent R.W.1 was
examined. The respondent has not chosen to adduce any documentary evidence.
6. On consideration of the evidence on both sides, the Tribunal fixed the
compensation at Rs.50,000/- (Rupees Fifty Thousand only) with interest at 7.5%
p.a. from the date of petition till the date of deposit under the following
heads:
1)For the two 2 simple injuries
and Pain and Sufferings :Rs. 10,000.00
2)For one grievous injury
and Pain and Sufferings :Rs. 25,000.00
3)For Transport to Hospital :Rs. 3,000.00
4)For Loss of earning during
the treatment period :Rs. 6,000.00
5)For Extra Nourishment :Rs. 5,000.00
6)For the persons who attended
on him during the treatment
period :Rs. 1,000.00
===============
Total :Rs. 50,000.00
===============
7. Challenging the said award passed by the Tribunal, this appeal has been
filed. At the outset the learned counsel for the appellant submitted that he is
not disputing the rash and negligence of the driver of the transport corporation
and he is only disputing the quantum regarding. So, the finding of the Tribunal
regarding the rash and negligence of the driver of the transport corporation is
confirmed. Now, the Court has to consider only about the compensation awarded
by the learned Tribunal.
8. The point for determination in this appeal is:
(i) What is the just compensation?
9. Point : As per Ex.P.5, The victim sustained the following injuries:
“1.Lacerated Injury 2cmx2cmx3cm right palm of hand.
2.Abrasion 3cmx3cm right fore arm posterior aspect upper portion.
3.Contusion lateral aspect of right thigh 2cmx2cm”
The tribunal awarded a sum of Rs.25,000/- towards one grievous injury and
Rs.10,000/- towards two simple injuries, which is not correct. Since, the
claimant sustained only one grievous injury only a sum of Rs.15,000/- (Rupees
One Thousand only) could be awarded. The victim is an agricultural coolie. Due
the injury he may not be able to work for one month. So, a sum of Rs.3,000/-
(Rupees Three Thousand only) could be awarded towards loss of income. The
Tribunal also awarded a sum of Rs.3,000/- towards transport to hospital, which
is not correct. There is no evidence to show that the victim incurred transport
expenses. Even P.W.1 did not say that he incurred Rs.3,000/- towards transport
to hospital. Hence, the compensation awarded towards transport expenses is
deleted. Due to the accident he might have taken some nutritious food, for this
only a sum of Rs.1,000/- (Rupees One Thousand only) could be awarded. The
Tribunal also awarded a sum of Rs.1,000/- towards attendants charges. Even
P.W.1 did not say that he had incurred expenses towards attendants charges.
Hence, the compensation awarded towards attendants charges is also deleted. So,
the compensation fixed by the Tribunal is reassessed as under:
(i) For Grievous Injury - Rs. 15,000.00 (ii) For Extra nourishment - Rs. 1,000.00 (iii)For Loss of Earnings - Rs. 3,000.00 ---------------- Total - Rs. 19,000.00 ---------------- Accordingly, this point is decided.
10. In the result, the Civil Miscellaneous Appeal is partly allowed and
the total compensation awarded by the Tribunal is reduced from Rs.50,000/-
(Rupees Fifty Thousand only) to Rs.19,000/- (Rupees Nineteen Thousand only). In
other respects, the award of the Tribunal is sustained. No costs.
Consequently, connected M.P.(MD) No.2 of 2008 is closed.
sj
To:
The Motor Accident Claims Tribunal,
(The Chief Judicial Magistrate),
Thoothukudi.