MINOR SIVA REP BY HIS FATHER ETHIRAJ AS NEXT FRIEND AND NATURAL GUARDIAN v. MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION
2018-09-18
S.RAMATHILAGAM
body2018
DigiLaw.ai
JUDGMENT S. Ramathilagam, J. This Civil Miscellaneous Appeal is directed against the Judgment and Decree dated 14.09.2004 made in M.A.C.T.No.609 of 1999 on the file of the Motor Accident Claims Tribunal, (Additional District Judge, Fast Tack Court-II), Kancheepuram. 2. The facts of the case are as follows :- On 19.07.1999 at about 4.15 p.m., the claimant was walking on the extreme left side of the GWT Road from west to east direction. At that time, a Government Bus bearing registration No.TN 29 N 0966, came from the west to east direction in a rash and negligent manner and hit against the claimant/appellant and caused grievous injuries. Due to the accident, the claimant/appellant had sustained severe injuries and treated as inpatient for more than two months in the hospital. A Criminal case was also registered against the driver of the said bus. 3. Considering the evidence and documents related to the occurrence, age of the claimant, period of treatment and disability suffered, the claimant has claimed a sum of Rs. 3,00,000/- as compensation and the Tribunal has awarded a sum of Rs. 83,000/- and the breakup details are as under : Heads Award passed by the Tribunal (Rs.) For Transport expenses 3,000.00 For extra nourishment and medical expenses 10,000.00 For Pain and suffering 10,000.00 For disability 35,000.00 For future loss of earning power 25,000.00 Total 83,000.00 Aggrieved against the said award passed by the Tribunal, the present appeal is preferred by the claimant. 4. The learned counsel for the appellant has argued that the Tribunal has not considered the age of the appellant, the nature of injuries sustained by him and the period of treatment as inpatient. Regarding other aspects viz., disability, the expenses incurred by the claimant for transportation, pain and suffering underwent by the claimant were also not properly considered. The learned counsel for the appellant has argued that the Tribunal has not passed the award granting a reasonable amount as claimed by the claimant. 5. It is seen that injured person is 17 years old boy and because of the injuries sustained due to the accident, he was treated as inpatient for two months in the hospital.
The learned counsel for the appellant has argued that the Tribunal has not passed the award granting a reasonable amount as claimed by the claimant. 5. It is seen that injured person is 17 years old boy and because of the injuries sustained due to the accident, he was treated as inpatient for two months in the hospital. On perusal of Ex.P3-case sheet issued by the Government Hospital and also a perusal of the wound certificate, reveals the fact that the claimant sustained injuries over his head, near eye, leg and even after the treatment he sustained disability which was very much spoken to by P.W.2. But P.W.2 Doctor issued the disability certificate as 35%. The wound certificate reveals the fact that the injured person also sustained fracture injuries and grafting was done and thereafter he was also treated by a private Doctor. It is an argument advanced by the appellant that because of the injuries, the claimant finds it very difficult to lift any heavy goods and his movements in the fingers are also very much affected. It is vehemently argued by the appellant that the claimant underwent treatment for nearly two months and he being a young boy of 17 years, suffered severe pain which was not considered and the sum awarded under the head pain and suffering and for nourishment has to be properly enhanced. 6. On the side of the respondent, it is argued that the injured being a boy, he cannot have any loss of income, whereas the Tribunal has awarded a sum of Rs. 25,000/- which is not just and proper. 7. I have heard the arguments advanced by both the counsel and the materials available on records. On perusal of the documents, it is observed that the appellant/claimant has sustained grievous injuries, fracture and underwent surgery and also considering the period of treatment and disability sustained by him, the sum awarded by the Tribunal has to be properly modified as follows : Heads Amount awarded by the tribunal (Rs.) Amount modified by this Court (Rs.) Transport to hospital 3,000 5,000 Extra Nourishment 10,000 20,000 Pain and suffering 10,000 35,000 Disability 35,000 70,000 Loss of future earning capacity 25,000 - Total 83,000 1,30,000 8. With the above enhancement, this Civil Miscellaneous Appeal is allowed. No cost. 9.
With the above enhancement, this Civil Miscellaneous Appeal is allowed. No cost. 9. Accordingly, the second respondent/Tamil Nadu State Transport Corporation, Dharmapuri Division is directed to deposit the entire award amount, inrespect of above Appeal as per the modified award passed by this Court, with interest and costs, before the Tribunal, after adjusting the amount, if any, already deposited, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal is directed to transfer the same to the claimant's bank account thro' RTGS within a period of one week thereon. The enhanced amount shall carry the same rate of interest as awareded by the tribunal.