Managing Director Tamil Nadu State Transport Corporation Ltd. v. D. Sukumar
2011-01-12
C.S.KARNAN
body2011
DigiLaw.ai
JUDGMENT :- 1. The above appeal has been filed by the appellant / State Transport Corporation Limited, against the award and decree made in M.C.O.P.No.757 of 1999, dated 04.02.2005, on the file of Motor Accidents Claims Tribunal, VI Judge, Small Causes Court, Chennai. 2. The brief facts of the case are as follows:- On 29.10.1998, at around 11.15 hours, the petitioner was travelling in the respondent's bus bearing Registration No.TN23-0975 from Chennai to Vellore, at that time, the driver of the bus had driven the vehicle in a rash and negligent manner at high speed and dashed against ongoing lorry, as a result, he had sustained grievous injuries including bone fractures. Hence, petitioner has filed the claim petition for compensation a sum of Rs.6,00,000/- with interest. 3. The Insurance Company had filed a counter statement and resisted the claim petition. Actually, on 29.10.1998, the driver of the bus had driven the vehicle from Chennai to Vellore, when the bus was nearing Sriperumpudur EB Office, when a lorry coming in the opposite direction at high speed, so the driver of the bus turned the vehicle on the left side as a result, the bus hit against the lorry. The accident had happened due to the negligence of the ongoing lorry. The age, income and occupation of the claimant are denied, besides, the claim amount is excessive. 4. On the averments of both parties, the Tribunal had framed four issues for consideration, namely; “(i) Who was responsible for the said accident? (ii) Whether the respondent is liable to pay compensation? (iii) Whether the claimant is entitled to get the compensation. If so, what is the quantum of the compensation?” (iv) To what other relief?” 5. On the side of the claimant, two witnesses had been examined and Exs.P1 to 12 were marked. On the side of the respondent, one witness was examined and no document was marked. 6. PW1 had adduced evidence stating that on 29.10.1998 at around 11.50 a.m., he had travelled in the respondent bus from Chennai to Vellore and when the bus was nearing Sriperumpudhur and at that time, the lorry was coming from the opposite direction and the bus dashed against the lorry, as a result, the claimant and others had sustained injuries and the bus also got damaged.
PW1 further adduced evidence that he sustained multiple bone fractures on his right hand, joint, consequently, the fractured bone was removed and skin grafting was performed. Immediately, after the accident he had undergone treatment in the Government Hospital, Sriperumpudhur as first aid, thereafter, he had undergone treatment at the Government Stanley Hospital as an inpatient from 29.10.1998 to 26.12.1998. Thereafter, he underwent treatment at K.V.T.Healty Care Hospital as an inpatient for a period of one week. Again he underwent treatment for a period of six weeks at Rainy Hospital, Royapuram. Thereafter, he underwent treatment at the Balaji Hospital, Guindy for a period of 20 days as inpatient. During the medical treatment period, surgical operation and skin grafting was conducted, the medical expenses incurred around Rs.1,00,000/-. 7. PW2 doctor had examined the claimant and assessed the disability as 60%. The claimant's right hand joint was removed as such the hand lost its dexterity and he assessed the disability as 60%. 8. On considering the evidence of the witnesses, the Tribunal had awarded a sum of Rs.2,64,500/- with interest at the rate of 9% per annum as compensation. 9. Aggrieved by the said award, the appellant has filed the above appeal. 10. The learned counsel for the appellant argued that no eyewitness or investigatory evidence was examined. The Tribunal had awarded Rs.36,000/- Rs.5,000/-, Rs.5,000, Rs.500/- Rs.18,000/- Rs.25,000/- Rs.1,00,000/- and Rs.75,000/- granted towards loss of income, for transport charges, against nutrition, damage to clothes towards medical expenses, pain and suffering, permanent disability and loss of earning power respectively are on the higher side. 11. Learned counsel for the claimant argued that the claimant's age was 23 years and he was working in the Catering Section at Air India Airport, Meenambakkam and was earning a sum of Rs.3,000/- per month. As per the medical record, he had undergone treatment for more than five months as inpatient besides he also underwent treatment as an outpatient for a lengthy period and he had sustained grievous injuries and his right hand joint was removed, through treatment as an outpatient. 12.
As per the medical record, he had undergone treatment for more than five months as inpatient besides he also underwent treatment as an outpatient for a lengthy period and he had sustained grievous injuries and his right hand joint was removed, through treatment as an outpatient. 12. On considering the facts and circumstances of the case and arguments advanced by the learned counsels and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that the claimant had undergone surgical operation on his right hand and skin grafting was conducted on his right thigh, while the right hand joint bone was removed, he had undergone treatment for approximately four months as an inpatient in various hospitals, his age was 23 years, hence the doctor fixed the disability as 60%. Considering the above mentioned aspects, the compensation amount i.e., a sum of Rs.2,64,500/- is reasonable for the heads mentioned below:- Loss of income during medical treatment and recuperative period, attender charges, pain and suffering, transport, nutrition, medical bills, loss of future earning power, permanent disability, loss of amenities and discomfort respectively. Therefore, this Court confirms the award which is fair and justifiable. 13. On 28.07.2005, this Court imposed a condition on the appellant / Insurance Company to deposit 50% of the award amount with interest and costs to the credit of M.C.O.P.No.757 of 1999, on the file of Motor Accidents Claims Tribunal, Small Causes Court No.VI, Chennai. Therefore, this Court directs the appellant/ Insurance Company to deposit the balance compensation amount to the credit of M.C.O.P.No.757 of 1999, on the file of Motor Accidents Claims Tribunal, Small Causes Court No.VI, Chennai within a period of six weeks from the date of receipt of this order. After such a deposit being made, it is open to the claimant to withdraw the entire compensation amount with accrued interest thereon lying in the credit of M.C.O.P.No.757 of 1999, on the file of Motor Accidents Claims Tribunal, Small Causes Court No.VI, Chennai, after filing memo along with this order. 14. Resultantly, the above Civil Miscellaneous Appeal is dismissed. Consequently, the Award and Decree, passed by the Motor Accidents Claims Tribunal on the file of Additional District Court, Small Causes Court No.VI, Chennai, made in M.C.O.P.No.757 of 1999, dated 04.02.2005 is confirmed. There is no order as to costs. Consequently, connected miscellaneous petition is closed.