M. Gokulnath v. Managing Director Tamil Nadu State Transport Corporation Ltd.
2012-10-01
P.DEVADASS
body2012
DigiLaw.ai
Judgment :- 1. The appellant aggrieved by fastening contributory negligence on him and also awarding him less compensation had directed this appeal. 2. On 17.03.2004, on the 100 Feet Road, near Nesapakkam Junction there was an accident. In this accident, the bus of the State Transport Corporation is involved. In this, the appellant sustained multiple injuries. The Tribunal totally determined Rs.83,000/-and fastening 50% negligence on him, deducted 50% of the said amount, namely, Rs.41,500/- and thus awarded him the balance amount as compensation. 3. Learned counsel for the appellant contended that the evidence adduced on the claimant's side would clearly show that the bus driver was at fault. However, the Tribunal has wrongly fastened 50% negligence on the claimant. Though the claimant had suffered 55% disability, very less compensation has been awarded. 4. On the other hand, the learned counsel for the Transport Corporation contended that the accident had taken place in 2004. Evidence of P.W.1 would show that the appellant was also guilty of negligence, therefore, the Tribunal had correctly fastened 50% negligence on him. The learned counsel for the Transport Corporation also contended that what was granted to him by the Tribunal itself is on the higher side. 5. On 17.03.2004, at about 09.30 a.m., the road accident had taken place. The bus conductor had lodged the complaint. On the basis of it Ex.P.1-FIR has been registered. 6. Negligence is a reckless act by a person. It may be negligence proper, contributory negligence or composite negligence. Contributory negligence involves material contribution of an act by a person to the accident. 7. In this case, it is stated that the appellant/cyclist also contributed to the accident. It has been stated so in the FIR. The FIR contains allegations. Unless it is proved, it will remain only as allegations. In this case, the bus conductor had stated in the FIR that he heard loud noise and the appellant came driven his bicycle rashly and hit on the bus. 8. The claimant deposed as P.W.1. According to him, at the time of accident, he was riding his bicycle from South to North and at about that time, the Corporation bus came from Koyambedu bus stand and hit against the appellant. However, there was no evidence, either from the bus conductor or from a bus passenger or from a by-stander.
8. The claimant deposed as P.W.1. According to him, at the time of accident, he was riding his bicycle from South to North and at about that time, the Corporation bus came from Koyambedu bus stand and hit against the appellant. However, there was no evidence, either from the bus conductor or from a bus passenger or from a by-stander. There was no evidence on the side of the Transport Corporation to their version of manner of accident stated in the FIR. Thus, the bus driver is entirely responsible for the accident. Thus, the Tribunal is not right in fastening 50% of negligence on the part of the appellant. 9. Now, we will pass on to the quantum aspect. P.W.2-Doctor had determined the disability of P.W.1 (see Ex.P.12 disability certificate). It is seen that Ex.P.8 discharge summary also has been marked. P.W.1 has been hospitalized in Sri Devi Hospital, Koyambedu, for 13 days. The claimant had sustained multiple injuries. But, the Tribunal had awarded him only Rs.55,000/-. In the facts and circumstances, it appears to be a less compensation. Towards disability, totally we award him Rs.82,500/-. Towards pain and suffering only Rs.5,000/- has been awarded. It is raised to Rs.15,000/-. Towards transportation charges and nutritious expenses put together Rs.3,000/- has been awarded. Compensation for these items should be awarded separately. Towards nutritious food expenses, we award Rs.7,500/-. Towards transportation charges, we award Rs.5,000/-. Towards Attendant charges Rs.8,000/-is awarded. In other respects, we are not interfering with the award of the Tribunal. 10. In the result, the amount awarded by the Tribunal is modified. The appellant is awarded a total compensation of Rs.1,38,000/-with 9.5% interest p.a. from the date of filing the claim petition till deposit. Within 4 weeks from the date of receipt of a copy of this Judgment, the respondent shall deposit the entire compensation amount, less amount, if any, already deposited. On such deposit, the appellant is permitted to withdraw the amount, less amount, if any, already withdrawn. This Civil Miscellaneous Appeal is allowed to the extent indicated above. No costs.