Managing Director, Tamil Nadu State Transport Corporation Ltd, Division v. Thangaraj
2012-03-26
ARUNA JAGADEESAN
body2012
DigiLaw.ai
Judgment :- 1. This appeal has been filed by the Tamil Nadu State Transport Corporation Limited, Erode, aggrieved against the award passed in M.C.O.P.No.913 of 2007, by the learned Additional District Judge, (Motor Accidents Claims Tribunal), Fast Track Court No.V, Coimbatore at Tiruppur, dated 22.04.2009. 2. The Tribunal has awarded a sum of Rs.3,86,180/-as compensation to the injured/claimant, who sustained injuries in the accident that occurred on 19.07.2007, in Kuppandampalayam Road. On the said date i.e., on 19.07.2007 at about 11.15 hours, while the claimant was ridding his two wheeler in Kuppandampalayam Road, the appellant-Transport Corporation bus, which came in the opposite direction dashed against the two wheeler, as a result of which, he sustained multiple grievous injuries. 3. The Tribunal, after analysing the evidence, held that the entire negligence was on the part of the bus driver of the appellant-Transport Corporation and awarded a total sum of Rs.3,86,180/- together with interest at 7.5% per annum from the date of petition till the date of realisation. As against which, the present appeal has been filed by the appellant-Transport Corporation. 4. Mrs. B. Vijayalakshmi, learned counsel appearing for the appellant contended that the award passed by the Tribunal is on the higher side. It is further submitted that the Tribunal has erroneously applied 17 multiplier by fixing the functional disability as 50%. 5. On the other hand, Mr.Ma.P.Thangavel, learned counsel appearing for the respondent/claimant supported the award in all respects. 6. The respondent/claimant has sustained the following injuries:- "1. Transverse laceration of 5 cm x 2 cm in upper third anterior aspect of right leg with bony deformity. 2. Laceration 2 cm x 1 cm in anteromedial aspect of middle 1/3 right leg. 3. Laceration 3 cm x 1.5 cm over mid dorsum of right foot. 4. Laceration 2 cm x 1 cm right eyebrow. X-Ray revealed Grade III B open fracture at proximal right tibia." 7. During the period of treatment, the claimant has undergone surgeries and extended fixation on the fracture site. P.W.3-Dr.Senthilkumar, an Ortho Surgeon working in CMC Hospital, Coimbatore, has examined the respondent/claimant, assessed his disability as partial and permanent and issued Disability Certificate-Ex.A.5.
X-Ray revealed Grade III B open fracture at proximal right tibia." 7. During the period of treatment, the claimant has undergone surgeries and extended fixation on the fracture site. P.W.3-Dr.Senthilkumar, an Ortho Surgeon working in CMC Hospital, Coimbatore, has examined the respondent/claimant, assessed his disability as partial and permanent and issued Disability Certificate-Ex.A.5. The Doctor has given reason for such assessment stating that due to restricted movements of right knee joint and right foot, there was total absence of movement in right ankle joint, reduced touch sensation and vibration sensation at right ankle and also reduced muscle power and muscle wasting at right leg by 2 cm. He also found mal-union of tibia and loss of stability at the right foot. Therefore, the Doctor has assessed the disability as permanent and partial to an extent of 65.5%. According to the respondent/claimant, he was earning a sum of Rs.5,000/- per month by working as a Patlock Tailor in Cotton Plus Company at Tiruppur and to substantiate the same, P.W.2, co-worker was examined. 8. The Tribunal, after taking note of the injuries suffered by the claimant and also taking into consideration the evidence of the Doctor, an Ortho Surgeon who assessed the disability of the injured/claimant, has fixed the functional disability at 50%. The said assessment made by the Tribunal does not suffer from any infirmity or illegality and the same is in consonance with the evidence placed on record. The claimant was aged 24 years at the time of accident and the same is proved by Ex.A.4-Driving licence of the claimant. 9. Considering the nature of disability suffered by the claimant, which is permeant and partial, the Tribunal has applied the multiplier method in assessing the loss of income and loss of earning capacity which is just and reasonable. Considering the age of the claimant, who was 24 years old at the time of accident, 17 has been applied as the appropriate multiplier and by applying multiplier 17 at 50% functional disability, the Tribunal has awarded a sum of Rs.3,06,000/-, which is liable to be confirmed and accordingly, it is confirmed. The claimant has produced the bills for incurring total expenses of Rs.64,901/- for purchase of medicines and travel expenses which is supported by Ex.A.3-Medical Bills. There is an excess claim of Rs.2,720/- in respect of bill dated 19.07.2007.
The claimant has produced the bills for incurring total expenses of Rs.64,901/- for purchase of medicines and travel expenses which is supported by Ex.A.3-Medical Bills. There is an excess claim of Rs.2,720/- in respect of bill dated 19.07.2007. Therefore, the Tribunal has awarded a sum of Rs.62,181/-rounded to Rs.62,180/- towards medical expenses and the same is liable to be confirmed and accordingly, it is confirmed. The Tribunal has also granted a sum of Rs.15,000/- towards pain and sufferings and Rs.3,000/-towards extra nourishment, which are also liable to be confirmed and accordingly, they are confirmed. In all, the Tribunal has awarded a total compensation of Rs.3,86,180/-which does not call for any interference and therefore, the appeal is liable to be dismissed. 10. In the result, the Civil Miscellaneous Appeal is dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 11. It is brought to the notice of this Court that the appellant-Transport Corporation has deposited the entire award amount with interest at 7.5% per annum from the date of petition till the date of realisation. The respondent/claimant is permitted to withdraw the entire award amount with interest at 7.5% p.a.