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2020 DIGILAW 1650 (MAD)

Minor Aravindhan Rep. by his father and natural guardian M. Sivasubramanian residing at Thirumangalam, Perambalur District v. Manager, The Tamil Nadu Transport Corporation, Periamilagupparai, Trichy-1

2020-09-24

S.M.SUBRAMANIAM

body2020
JUDGMENT : (Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 30.01.2008 passed in M.C.O.P. No.258 of 2006 on the file of the learned Chief Judicial Magistrate, Chief Judicial Magistrate Court-cum-Motor Accidents Claims Tribunal, Perambalur.) 1. The judgment and decree dated 30.01.2008 passed in M.C.O.P. No.258 of 2006 by the learned Chief Judicial Magistrate, Chief Judicial Magistrate Court-cum-Motor Accidents Claims Tribunal, Perambalur, is under challenge in the present Civil Miscellaneous Appeal. 2. The claimant, who is the appellant herein, filed the present Civil Miscellaneous Appeal, seeking enhancement of compensation. 3. The accident occurred on 20.08.2005 at about 11.30 Hours at Thirumangalam New Colony, Perambalur 3 Road to Palakkarai Road. The Perambalur Police Station registered a case in Crime No.509 of 2005 under Sections 279 and 337 of IPC. 4. The appellant-claimant was a pedestrian and due to accident, he sustained multiple grievous injuries all over the body and had taken treatment initially at Government Hospital, Perambalur and thereafter, continued his treatment at ABC Hospital, Tiruchirappalli from 20.08.2005 to 06.10.2005. 5. The claim petition was filed by the appellant-claimant before the Tribunal. 6. The Tribunal adjudicated the issues with reference to the documents and evidences produced by the respective parties. 7. As far as the negligence aspect is concerned, the Tribunal based on the FIR and relying on the deposition of PW-1, arrived a conclusion that the driver of the respondent-Transport Corporation is responsible for the accident. The respondent-Transport Corporation had not produced any contra evidence to rebut the facts stated in the FIR as well as the evidence deposed before the Tribunal. Thus, the Tribunal arrived a conclusion that the driver of the respondent-Transport Corporation committed an act of negligence, resulted in an accident and the appellant-claimant sustained grievous injuries. 8. As far as the quantum of compensation is concerned, the learned counsel for the appellant-claimant mainly contended that partial permanent disability of 41% was assessed by the Doctor. However, the Tribunal has not granted adequate disability compensation. This apart, the appellant-claimant has submitted the medical bills for a sum of Rs.1,04,060/-. However, the Tribunal, without any valid reason, restricted the medical bills amount from Rs.1,04,060/- to Rs.75,000/-. This apart, only a sum of Rs.10,000/- was granted for pain and sufferings and the said amount also is to be enhanced. 9. This apart, the appellant-claimant has submitted the medical bills for a sum of Rs.1,04,060/-. However, the Tribunal, without any valid reason, restricted the medical bills amount from Rs.1,04,060/- to Rs.75,000/-. This apart, only a sum of Rs.10,000/- was granted for pain and sufferings and the said amount also is to be enhanced. 9. The learned counsel appearing on behalf of the respondent-Transport Corporation disputed the contentions of the learned counsel for the appellant-claimant by stating that the appellant-claimant had produced the xerox copies of the medical bills and therefore, the Tribunal is right in restricting the medical bills amount. It is further stated that the Tribunal has considered all the documents produced by the appellant-claimant and awarded a reasonable compensation. Therefore, the present Civil Miscellaneous Appeal is liable to be dismissed. 10. Considering the facts and circumstances, it is relevant to consider the findings of the Tribunal with reference to the medical bills submitted by the appellant-claimant in Ex.P-5. In this regard, the Tribunal made a finding that “TAMIL” 11. As far as the above finding is concerned, there is no proof to establish that the appellant-claimant has filed only the xerox copy of the medical bills or some original medical bills or some xerox copies of the medical bills. It is made clear by the Tribunal that Ex.P-5 document is original and one xerox copy, in addition to the original, had been filed by the appellant-claimant. Thus, the medical bills amount of Rs.1,04,060/- is admitted and further, the original medical bill establishes that the appellant-claimant incurred medical expenses of Rs.1,04,060/-. This being the factum, there is no reason to reduce the medical bills amount from Rs.1,04,060/- to Rs.75,000/-. This apart, a sum of Rs.1,000/- per percentage is awarded by the Tribunal for disability. The accident occurred in the year 2005 and during the relevant point of time, it would be appropriate to grant a sum of Rs.2,000/- per percentage. This apart, no attender charges as well as transport charges are granted along with the total compensation. Accordingly, the award amount of the Tribunal stands modified as detailed hereunder:- Medical Bills Rs.1,04,060/- For Disability (Rs.2,000/-x41) Rs.82,000/- For Pain and Sufferings Rs. 20,000/- For Attender Charges Rs. 10,000/- Transportation Charges Rs. 5,000/- Total Rs.2,21,060/- Thus, the appellant/claimant is entitled for a total compensation of Rs.2,21,060/- with accrued interest at the rate of 7.5% per annum. 12. Accordingly, the award amount of the Tribunal stands modified as detailed hereunder:- Medical Bills Rs.1,04,060/- For Disability (Rs.2,000/-x41) Rs.82,000/- For Pain and Sufferings Rs. 20,000/- For Attender Charges Rs. 10,000/- Transportation Charges Rs. 5,000/- Total Rs.2,21,060/- Thus, the appellant/claimant is entitled for a total compensation of Rs.2,21,060/- with accrued interest at the rate of 7.5% per annum. 12. The respondent/Transport Corporation is directed to deposit the entire award amount along with accrued interest, within a period of twelve weeks from the date of receipt of a copy of this judgment and on such deposit being made, the appellant/claimant is permitted to withdraw the same by filing an appropriate application before the Tribunal. The appellant/claimant is directed to pay the additional court fee, if any, for the enhanced compensation, within a period of two weeks from the date of receipt of a copy of this judgment and payments are to be made through RTGS. 13. Accordingly, the judgment and decree dated 30.01.2008 passed in M.C.O.P. No.258 of 2006 by the learned Chief Judicial Magistrate, Chief Judicial Magistrate Court-cum-Motor Accidents Claims Tribunal, Perambalur stands modified and consequently, CMA No.786 of 2019 is allowed in part. However, there shall be no order as to costs.