IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.12.2008 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.4054 of 2008 and M.P.No.1 of 2008 The Tamilnadu State Transport Corporation (Villupuram Division-III) Limited, represented by its Managing Director, Kancheepuram. ... Appellant/Respondent vs. V.Ravikumar. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 16.11.2005 passed in M.C.O.P.No.317 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.V), Tiruvallur. For appellant : Mr.V.Ramesh ----- JUDGMENT
The Tamilnadu State Transport Corporation is on appeal challenging the award dated 16.11.2005 passed in M.C.O.P.No.317 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.V), Tiruvallur.
2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 5.12.2002. The injured claimant V.Ravikumar, a Grade-I police constable, aged 40 years old, was travelling as a passenger in the appellant transport corporation bus. Due to rash and negligent driving, the said bus met with an accident. In that accident, he suffered fracture of the right humerus, abrasion over the right shoulder and on the right side chest wall. He also suffered injuries to the face and loss of four teeth. He was treated at Sree Ramachandra Medical College Hospital, Porur from 6.12.2002 to 11.12.2002 as inpatient and thereafter as outpatient. He claimed a sum of Rs.2 lakhs for the injury suffered stating that he was earning Rs.6,178/- per month at the time of accident.
3. In support of the claim, the injured claimant was examined as P.W.1. Dr.J.R.R.Thyagarajan, was examined as P.W.2. Exs.P-1 to P-6 were marked, the details of which are as follows:-
Ex.P-1 is the photocopy of FIR, dated 6.12.2002,
Ex.P-2 is the discharge summary dated 11.12.2002,
Ex.P-3 is the report of Dental Treatment Department given by
Sree Ramachandra Medical College Hospital, dated 20.12.2002,
Ex.P-4 series are the medical bills,
Ex.P-5 is the charge-sheet dated 13.7.2003 and
Ex.P-6 is the disability certificate dated 25.9.2005
No oral or documentary evidence was let on behalf of the appellant transport corporation, the respondent before the Tribunal.
4. The finding of negligence on the part of the driver of the appellant transport corporation bus, who is held responsible for the accident and the injury caused to the claimant, and the liability fixed on the appellant transport corporation to compensate the injured claimant is not seriously disputed by the appellant’s counsel and the same is confirmed.
5. As far as quantum of compensation is concerned, for the injuries suffered in the accident, based on the discharge summary, the treatment given at Sree Ramachandra Medical College Hospital, Porur, and the disability assessed as 47% under Ex.P-6, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:-
Sl.No.
Head
Amount granted by the Tribunal
1
Towards injuries
Rs.30,000/-
2
Towards treatment and other expenses
Rs.10,000/-
3
Towards pain and suffering
Rs.35,000/-
Total
Rs.75,000/-
6. In appeal, the only point urged by the counsel for the appellant is on the quantum of compensation.
7. On going through the award of the Tribunal, this Court is not inclined to interfere with the quantum of compensation for the following reasons:-
(i) In the accident which happened on 5.12.2002, a 40 years old police constable suffered grievous injuries, like fracture of the right humerus, abrasion over right shoulder and on the right side chest wall and injuries all over the body. He was treated at Sree Ramachandra Medical College Hospital, Porur from 6.12.2002 to 11.12.2002 as inpatient and thereafter as outpatient. The income of the injured claimant is Rs.6,178/- per month.
(ii) No amount has been granted for the disability assessed at 47%. Even if the amount granted under the head “injuries” is adjusted towards disability, still there is shortfall. No amount has been granted for loss of income during the period of treatment, attender charges, extra nourishment and disfigurement of the face.
(iii) Considering all these aspects, the total compensation granted at Rs.75,000/- does not require further reduction as also interest at 7.5% as the accident in this case happened in the year 2002 and the award was passed in the year 2005.
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 and on such deposit, the claimant is entitled to withdraw the same. Consequently, connected miscellaneous petition is closed.
ts
To
The Additional District Judge,
Fast Track Court No.V,
(The Motor Accidents Claims Tribunal)
Tiruvallur