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2009 Supreme(Mad) 3874
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE C.S. KARNAN
Senthil Kumar
Versus
The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam
C.M.A.(NPD)No.901 of 2005
Decided On : 30-09-2009
For the Appellant:M. Thamizhavel, Advocate. For the Respondent:
The main legal point established in the judgment is the determination of appropriate compensation for grievous injuries and disabilities sustained in a road accident, based on the evidence presented.
Headnote:
Motor Accidents - Compensation - Sections 279, 337 and 338 of IPC - [279, 337, 338] - The court awarded compensation to the claimant based on the evidence of grievous injuries and disability certificates, modifying the original tribunal's decision and granting a total compensation of Rs.1,25,500/- with interest at the rate of 9% per annum.
Fact of the Case:
The claimant sustained grievous injuries in a road accident involving a state-owned bus, leading to a claim for compensation. The Motor Accidents Claims Tribunal initially awarded a total compensation of Rs.40,000/- with interest at the rate of 9% per annum.
Finding of the Court:
The court found that the original tribunal's award was low and proceeded to grant a total compensation of Rs.1,25,500/- with interest at the rate of 9% per annum, considering various specific heads such as transport to the hospital, extra nourishment, damages to clothes and articles, medical expenses, pain and suffering, and continuing permanent disability.
Issues: The main issue was the determination of the appropriate compensation for the claimant's injuries and disabilities resulting from the road accident.
Ratio Decidendi: The court's decision was influenced by the evidence of grievous injuries, disability certificates, and the specific heads for which the claimant sought compensation, leading to the modification of the original tribunal's award.
Final Decision: The civil miscellaneous appeal was allowed, and the award passed by the Motor Accidents Claims Tribunal was modified, directing the parties to bear their own costs in the appeal.
The above civil miscellaneous appeal has been filed by the appellant/petitioner against the decree and judgment passed by the Motor Accidents Claims Tribunal, Principal Sub Court, Nagapattinam, awarding a total compensation of Rs.40,000/- together with interest at the rate of 9% per annum from the date of filing of petition till the date of payment of compensation.
2. The appellant/claimant, aggrieved by the order passed by the Motor Accidents Claims Tribunal, has preferred this appeal for enhancement of compensation;
3. The facts of the case are as follows;-
On 13.02.2001, at about 03.00 p.m. When the petitioner was riding his TVS 50 Motor cycle, bearing registration No. PY-02-A-1649, on the extreme left side of the Road, near Pasana Pirivu Vaikkal, Mannargudi to Thiruthurapoondi, Main Road, the respondent/Tamil Nadu State Transport Corporation bus bearing registration No.TN-49-N-0025, which was coming from east direction driven with rash and negligent manner, hit against the petitioner. Due to this accident, the petitioner sustained grievous injuries in his head, fracture in frontal bone and multiple injury in his body. Immediately, the petitioner was admitted in the Government Hospital, Mannargudi and he was referred to Thanjavur Medical College Hospital. He took treatment at Government Hospital, Thanjavur for more than a month as inpatient. After discharge from the hospital, he took treatment with a private doctor. In connection with this accident, the Mannargudi Police has registered a case against the bus driver in Cr.No.112/2001 on an alleged offence under Sections 279, 337 and 338 of IPC. Due to the said accident, the petitioner often gets giddiness, headaches and gets into a State of unconsciousness. He is not able to do day to day work normally.
4. The said bus involved in the accident in a State owned corporation bus. Hence, the respondent is liable to pay compensation to the petitioner. Further, the petitioner has claimed compensation under the below mentioned heads;
TABLE
Altogether the petitioner has claimed Rs.2,78,000/-, but the petitioner has restricted his claim to Rs.2,00,000/-.
5. The respondent/transport corporation has filed a counter statement and resisted the claim stating that on 13.02.2001, the respondent bus bearing registration No.TN-49-N-0025, passenger bus, was taken by its driver at 02.05 p.m. From Tiruthuraipoondi towards Mannargudi. When the bus was on the way to Mannargudi and when it was nearing Rettaipuli, the claimants vehicle TVS 50 bearing registration No.PY02A 1649, driven by its rider with high speed and on a rash and negligent manner and in a drunken condition was coming opposite the bus. On seeing this, the driver of the Bus stopped the bus. The petitioner himself had fallen on the road and sustained injuries. Immediately the people nearby that area assembled on the spot and they had given a complaint to the police, with malafide intentions to claim compensation from the respondent.
6. The allegation of the respondent in his counter statement is that the bus driver is at fault is untrue. Further, the respondent has alleged that the petitioner has sustained only simple injuries. The income and age of the petitioner is also incorrect and as such the petitioner is not entitled to get any compensation.
7. On the side of the appellant/claimant, three witnesses were examined as PW1 to PW3. PW1 is the claimant, PW2 is one Dr. Balachandran and PW3 is one Dr. Sundar. On the side of the claimant, seven documents were marked as Ex.P1 to Ex.P7, namely 1) First Information Report, 2) Wound certificate, 3) Motor Vehicle Inspectors report, 4) Claimants Medical treatment particulars, 5) disability certificate, 6) Photo with negative and 7) another disability certificate.
8. PW1, in his evidence has stated that on 13.02.2001 at 3.00 p.m., while he was travelling in his Two wheeler Motor cycle on the left side of the road, at a slow speed, from Mannargudi to Thiruthuraipoondi, the State ow
