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2014 DIGILAW 2927 (MAD)

Parisha v. K. Prema

2014-08-27

R.KARUPPIAH

body2014
Judgment : 1. This Civil Miscellaneous Appeal is filed by the claimant against the order passed in M.C.O.P.No.303 of 2000, dated 25.10.2005, on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge), Fast Track Court No.III, Madurai and for enhancement of compensation. 2. For the sake of convenience, the claimant in the above said O.P is referred as appellant and the respondents in the above said O.P are referred as respondents hereafter. 3. The appellant filed a claim petition for compensation of Rs.1 lakh for the injuries sustained by the appellant in the motor accident occurred on o4.o4.99. 4. Briefly the case of the claimant/appellant is that on 4.4.99 at about 12.30 hours, when the claimant was travelled as a passenger in Tamil Nadu State Transport Corporation Town bus bearing Registration No. T.N 59-N-0170 and the above said bus was stopped at Chettiyarpatty Vilakku on Thumbaipatty-Melur College Road. At that time, the first respondent's lorry bearing Registration No. TN 02 B 9171 dashed against the bus due to rash and negligent driving of the driver of the lorry. In the above said accident, the appellant/claimant sustained grievous injuries and therefore claim compensation of Rs.1 lakh on various heads. 5. The first respondent, who is the owner of the vehicle remained exparte. Only the second respondent/Insurance Company filed a counter, in which, denied the manner of the accident as alleged in the claim petition. It is further stated that at the time of accident, the driver of the bus overtaking the lorry and dashed against the front portion of the lorry and therefore the accident was occurred only due to the rash and negligent driving of the bus driver. It is also stated that the owner of the bus is a necessary party and hence the claim petition is barred by non-jointer of necessary parties. Further it is stated that the compensation claimed by the claimant is excessive. 6. The tribunal after considering both sides oral and documentary evidence and finally held that the accident was occurred only due to the rash and negligent driving of the first respondent vehicle driver and as Insurance Company, the second respondent is liable to pay compensation. 7. With regard to the quantum of compensation, the tribunal has awarded a sum of Rs.10,000/- on various heads with interest at 9% per annum. 7. With regard to the quantum of compensation, the tribunal has awarded a sum of Rs.10,000/- on various heads with interest at 9% per annum. Aggrieved over the above said award passed by the Tribunal, the appellant/claimant has preferred this Civil Miscellaneous Appeal. 8. The learned counsel for the appellant/claimant mainly contended that the appellant has sustained grievous injuries and the doctor had assessed the disability at 18% and the trial Court after considering the nature of injuries and fixed the disability at 9%. Inspite of it, the tribunal has awarded only a sum of Rs.5000/- for permanent disability, which is very low. Therefore prayed for enhancement of compensation for disability. 9. The learned counsel for the second respondent also admitted the fact that the doctor had given certificate as if the claimant has sustained 18% disability, but the tribunal fixed the disability at 9%. Without any sufficient reasons, the tribunal has awarded a sum of Rs.5000/- alone for permanent disability which is very low as rightly pointed out by the learned counsel for the appellant. Therefore the above said amount is to be enhanced from Rs.5000/- to Rs.9000/-. The learned counsel for the appellant further submitted that the tribunal has failed to award any amount for extra nourishment. On a perusal of the records reveal that the petitioner was sustained injuries and admitted in hospital as inpatient for nine days and also taken treatment as outpatient. 10. Considering the above said facts, this Court is of the view that Rs.1000/- to be awarded for extra nourishment. For transportation, the tribunal has failed to award any amount. Therefore as claimed by the appellant Rs.500/- is awarded for transport expenses. The Tribunal has also awarded a sum of Rs.5000/- for pain and suffering and the said award is to be confirmed since it is reasonable. Hence the award passed by the tribunal is modified and refixed as follows : 1 for permanent disability Rs.9,000/- 2 for extra nourishment Rs.1,000/- 3 for transportation Rs. 500/- 4 for pain and suffering Rs.5,000/- Total Rs.15,500/- 11. In the result, the award passed by the Tribunal is modified and the award amount is enhanced from Rs.10,000/- to Rs.15,500/- with same interest and costs. The Civil Miscellaneous Appeal is ordered accordingly. No costs.