The Managing Director, Tamil Nadu State Transport Corporation Ltd. v. G. Annammal
2009-10-12
P.P.S.JANARTHANA RAJA
body2009
DigiLaw.ai
Judgment :- The appeal is preferred by the Transport Corporation-appellant against Judgment and Decree in M.A.C.T.O.P.No.228 of 2005 dated 20.07.2007 passed by the Motor Accidents Claims Tribunal (Subordinate Court), Vellore. 2. Background facts in a nutshell are as follows: On 20.03.2005 at about 8.00 p.m., the claimant was travelling as a passenger along with her relatives in a bus bearing Registration No.TN-23-N-1339 belonging to the appellant/Transport Corporation on MC Road. The said bus was driven by its driver in a rash and negligent manner and also the lorry came from the opposite direction and both vehicles brushed their side. Due to the same, the claimant right hand was crushed, who was sitting near to the window and the same was amputated. The claimant claimed a sum of Rs.5,00,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:- "1. Whether the accident had occurred due to the rash and negligent driving of the bus driver or not? 2. What is the compensation the claimant is entitled to? 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 appellant-Transport Corporation and awarded a compensation of Rs.1,30,000/-with interest at 6% per annum from the date of petition and the details of the same are as under:- Loss of income due to disability and injuries Rs.1,00,000/- Pain and suffering Rs. 10,000/- Transport and nourishment Rs. 10,000/- Medical expenses Rs. 10,000/- Total... Rs.1,30,000/- Aggrieved by that award, the Transport Corporation has filed the present appeal. 3. The learned counsel appearing for the appellant/Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and therefore, the award 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, P.Ws.1 and 2 were examined and documents Exs.P1 to P6 were marked. P.W.1 is the claimant. P.W.2 is one Dr.Sanmugasundaram. Ex.P.1 is the First Information Report dated 21.03.2005. Ex.P.2 is the accident register dated 20.03.2005. Ex.P.3 is the discharge summary dated 22.03.2005. Ex.P.4 is the medical bill. Ex.P.5 is the disability certificate dated 31.05.2005.
On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P6 were marked. P.W.1 is the claimant. P.W.2 is one Dr.Sanmugasundaram. Ex.P.1 is the First Information Report dated 21.03.2005. Ex.P.2 is the accident register dated 20.03.2005. Ex.P.3 is the discharge summary dated 22.03.2005. Ex.P.4 is the medical bill. Ex.P.5 is the disability certificate dated 31.05.2005. Ex.P.6 is the disability certificate dated 19.01.2007. On the side of the appellant-Transport Corporation one Mr.K. Ashok kumar, driver of the bus was examined as R.W.1 and no document was marked to support their claim. After considering the 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 driver of the bus and the finding is based on valid materials and evidence. 5. At the time of accident, the claimant was aged about 50 years. She is a teacher in Othiyathoor Panchayat Union Middle School, Othiyathoor and earning a sum of Rs.12,000/- per month. She is PW1 and in her evidence, she stated that the accident had occurred only due to the rash and negligent driving of the driver of the appellant/Transport Corporation. Due to the same, right hand was amputated and also sustained injuries in the shoulder and all over the body. Due to the same, she is unable to do any work as before. The driver of the bus charge sheeted for offences under Sections 279, 338 of IPC in Cr. No.202/2005. Ex.P.1 is the First Information Report. Ex.P2 is the accident register issued by the Meenakshi Medical College & Research Institute, Enathur, Kancheepura, in which, it is stated about the nature of injury. Ex.P.3 is the discharge summary. Ex.P.4 is the medical bill. P.W.2 is one Dr.Shanmugasundharam and in his evidence, it is stated that the right hand was crushed and amputated. Ex.P.5 & Ex.P.6 are the disability certificate. The claimant is a teacher and it certainly affects her profession. Hence, after taking into consideration of the above oral and documentary evidence, the Tribunal has awarded a sum of Rs.1,00,000/- towards loss of income due to disability and injuries. After considering the above all facts and circumstances of the case, the Tribunal has correctly awarded a sum of Rs.1,00,000/-towards loss of income due to disability and injuries and therefore, the same is hereby confirmed.
After considering the above all facts and circumstances of the case, the Tribunal has correctly awarded a sum of Rs.1,00,000/-towards loss of income due to disability and injuries and therefore, the same is hereby confirmed. The Tribunal also awarded a sum of Rs.10,000/-towards pain and suffering. After taking consideration of the nature of the injury, it is just, fair and reasonable award amount and therefore, the same is hereby confirmed. The Tribunal also awarded a sum of Rs.10,000/-towards transport and nourishment. The claimant has taken treatment in Meenakshi Medical College and Research Institute, Enathur, Kancheepuram. Therefore, it is just, fair and reasonable award amount and the same is hereby confirmed. The Tribunal also awarded a sum of Rs.10,000/- towards medical expenses. Ex.P. 4 is the medical bill. It is an actual expenditure. Also, she has taken treatment in various hospitals. Therefore, it is just, fair and reasonable award amount and the same is hereby confirmed. The Tribunal also awarded the interest rate at 6%, which is also very reasonable and the same is hereby confirmed. The learned counsel appearing for the appellant/Transport Corporation is unable to point out any error or illegality with the award passed by the Tribunal. Under these circumstances, I do not find any illegality or infirmity and warranting interference with the award passed by the Tribunal and the finding rendered by the Tribunal is based on the oral and documentary evidence. It is a question fact. It is not a perverse order and the same is in accordance with law. Therefore, the same are hereby confirmed. 6. The learned counsel appearing for the appellant-Transport Corporation is directed to deposit the entire compensation of Rs.1,30,000/-with interest 6% p.a. within six weeks from the date of receipt of a copy of this order. On deposit of such amount, the claimant is permitted to withdraw the same on making proper application. 7. In the result, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected M.P.No.1 of 2009 is dismissed.