1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.10.2010 CORAM THE HONOURABLE MR. JUSTICE. P.P.S.JANARTHANA RAJA C.M.A.(MD)NO.136 OF 2006 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Theni. .. Appellant/Respondent Vs M.Manoharan .. Respondent/Claimant Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 22.12.2004 made in M.C.O.P.No.246 of 2001 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dindigul. For appellant : Mr.D.Sivaraman For respondent : Mr.K.Elangovan JUDGMENT This appeal is preferred by the appellant-Transport Corporation against the judgment and decree dated 22.12.2004 made in M.C.O.P.No.246 of 2001 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dindigul. 2. Background facts in a nutshell are as follows: The injured-Manoharan met with motor vehicle accident that took place on 04.06.1998 at about 3.30 p.m. The said injured was travelling in his TVS.50 in the Dindigul-Vatalakundu Main Road. At that time, a bus bearing Registration No.TN-57-N-0845, belonging to the appellant- Transport Corporation came in a rash and negligent manner and also at high speed and hit the TVS-50. Due to the same, the injured-claimant sustained grievous injuries all over the body. The injured-claimant claimed a sum of Rs.2,50,000/- as compensation. The appellant-Transport Corporation, resisted the claim. On pleadings, the Tribunal framed the following issues: "1.Whether the accident had occurred only due to the rash and negligent driving of the driver of the bus belonging to the appellant-Transport Corporation or the rider of the TVS-50? 2.Whether the appellant-Transport Corporation is liable to pay the compensation? 3.To what amount the claimant is entitled to?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the bus and awarded a compensation of Rs.1,25,050/- with interest at 9% per annum from the date of petition. The details of the compensation are as under:- https://hcservices.ecourts.gov.in/hcservices/ 2 Heads Amount Loss due to 40% disability Rs. 40,000/- Medical expenses Rs. 79,300/- Pain and suffering Rs. 5,000/- Loss of income Rs. 750/- ---------- Total... Rs. 1,25,050/- ---------- Aggrieved by that award, the appellant-Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the Appellant-Transport Corporation has questioned only the quantum of compensation awarded by the Tribunal and vehemently contended that the amount awarded by the Tribunal is excessive, exorbitant and also without any basis and justification. Therefore, the award passed by the Tribunal is not in accordance with law and hence the same has to be set aside. 4. Learned counsel appearing for the respondent-claimant submitted that the Tribunal has considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed. 5. Heard the counsel and perused the materials available on record. On the side of the respondent-claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P8 were marked. On the side of the appellant- Transport Corporation one Mathurakannan, the driver of the bus was examined as R.W.1 and no document was marked to substantiate their claim. P.W.1 is the claimant. P.W.2 is Dr.Ramamoorthy. Ex.P1 is the First Information Report. Ex.P2 is the Wound Certificate. Ex.P3 are the Medical Bills. Ex.P4 are the X-ray Films. Ex.P5 is the Certificate showing that the claimant is doing Vegetable Business. Ex.P6 is the Treatment Register of the claimant. Ex.P7 is the X-ray film. Ex.P8 is the Disability Certificate. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the bus. The finding of the Tribunal is based on valid materials and evidence and it is a question of fact. Hence the same is confirmed. 6. At the time of the accident, the claimant was aged about 36 years. He was a Vegetable Vendor at the time of the accident and earning a sum of Rs.4,000/- per month. P.W.1, the claimant in his evidence, has stated that the accident had occurred only due to the rash and negligent driving of the driver of the bus and the driver was also charge-sheeted by PattiVeeran Patti Police Station in Crime No.207 of 1998 under Sections 279, 337 and 338 I.P.C. Due to the accident, he sustained right thigh fracture and also other grievous injuries all over the body. PW.2, the doctor, examined the claimant and determined the disability at 40% and issued Ex.P8 Disability Certificate. In the evidence of the Doctor, it is stated that due to the fracture of right thigh, the claimant cannot to do his work as before. Exs.P4 and P7 are the X-ray films and Ex.P2 is the Wound Certificate. After considering the above oral and documentary https://hcservices.ecourts.gov.in/hcservices/ 3 evidence, the Tribunal has awarded a sum of Rs.40,000/- towards loss due to 40% disability. Normally, the Courts award a sum of Rs.1,000 /- to 2,000/- per percentage of disability. In the present case, the Tribunal has correctly awarded a sum of Rs.1,000/- per percentage of disability. The amount awarded towards this head is also very reasonable and hence the same is confirmed. The Tribunal has awarded a sum of Rs.79,300/- towards medical expenses. It is an actual expenditure. The amount awarded under this head is also very reasonable. Hence the same is confirmed. The Tribunal has awarded a sum of Rs.5,000/- towards pain and suffering and another Rs.750/- towards loss of income, which are very reasonable and hence the same are confirmed. The Tribunal has fixed the interest rate at 9% per annum. After taking into consideration of the date of accident, date of award and the prevailing rate of interest during that time, the interest fixed by the Tribunal at 9% p.a. from the date of petition is reasonable and hence the same is confirmed. It is also pertinent to note that the entire award amount has been deposited and the claimant has already withdrawn the entire award amount. The findings of the Tribunal are based on valid materials and evidence. I do not find any error or illegality in the order of the Tribunal warranting interference. It is a question of fact. It is not a perverse order. Learned counsel appearing for the appellant-Transport Corporation is also unable to give any material evidence or any compelling reason to take a contrary view of the Tribunal. Under the circumstances, the award passed by the Tribunal is in accordance with law and hence the same is confirmed. 7. In the result, the Civil Miscellaneous Appeal is dismissed. No costs. vsm Sd/- Assistant Registrar[P&A] /True copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dindigul. Copy to: The Section officer, VR.Section, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.Rajnish Pathiyil, Advocate SR.No.43508. C.M.A.(MD)NO.136 OF 2006 Dated:28.10.2010 3P/4C RPB 31.12.2010 https://hcservices.ecourts.gov.in/hcservices/