The court upheld the principle of rash and negligent driving under the Motor Vehicles Act and considered prevailing rates for modifying the compensation and interest.

1. The appeal is preferred by the Transport Corporation-appellant against award dated 08.07.2004 made in MCOP No.919 of 2001 by the Motor Accident Claims Tribunal (Principal Sub Judge), Salem.

2. Background facts in a nutshell are as follows: On 26.06.2001 at about 5.30 p.m., while the respondent/claimant, who was a B.Com student of A.V.S. Science College, Salem along with his friends Mohan, Karthikeyan and Shan Nihar was standing at Salem to Attur Main Road, Ramalingapuram Bus Stop, a bus bearing registration No.TN-45-N-1317 belonging to the appellant-Transport Corporation driven by its driver in a rash and negligent manner dashed against the claimant, due to which, the claimant had sustained grievous injuries. The claimant was immediately admitted in Sri Palaniyandi Mudaliar Memorial Hospital, Salem, as inpatient. He claimed a sum of Rs.4,00,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

"1.Whether the accident had occurred due to the rash and negligent driving of the bus driver or not?

2. What is the compensation the claimant is entitled to? If so, what is the amount and from whom?"

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 appellant-Transport Corporation and awarded a compensation of Rs.3,06,343/-with interest at 9% per annum from the date of petition and the details of the same are as under:-

Loss of earning capacity Rs. 1,44,000/-

Medical expenses Rs. 1,49,543/-

Pain and suffering and mental agony Rs. 6,000/-

Extra nourishment ` Rs. 6,000/-

Damage to the cloths Rs. 200/-

Transport charges Rs. 600/-Total... Rs. 3,06,343/-

Aggrieved by that award, the Transport Corporation has filed the present appeal.

3. The learned counsel appearing for the appellant/Transport Corporation questioned only quantum of compensation awarded by the Tribunal and contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.

4. Learned counsel appearing for the respondent/claimant submitted that the Tribunal had 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. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P13 were marked. On the side of the appellant-Transport Corporation RW1 was examined and no document was marked in support of their claim. P.W.1 is the claimant. PW2 is Doctor Pugazhenthi. PW3 is Doctor Nedunthuraikko. Ex.P1 is the certified copy of the First Information Report. Ex.P2 is the certified copy of the wound certificate. Ex.P3 is the certified copy of the Motor Vehicles Inspector Report. Ex.P4 is the original discharge summary. Ex.P5 is the original scan report. Ex.P6 is the certified copy of the charge sheet. Ex.P7 series are the original medical receipts. Ex.P8 is the original receipt issued by the hospital. Ex.P9 series are the original medical bills and doctors recommendation receipts. Ex.P10 is the original scan film. Ex.P11 is the x-ray. Ex.P12 is the disability certifiate. Ex.P13 is the x-ray. RW1 one P.Selvaraj is the driver of the bus. After considering the 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 and the finding is based on valid materials and evidence.

6. At the time of accident, the claimant was aged about 20 years. He was a III year B.Com student of A.V.S. Science College, Salem. He deposed that while the claimant and his friends Mohan, Karthikeyan and Shan Nihar were sta