The court upheld the validity of the Tribunal's findings and confirmed the awarded compensation, emphasizing the importance of valid evidence in determining liability and quantum of compensation in motor accident cases.

The Civil Miscellaneous Appeal is filed by the Transport Corporation against the award and decreetal order passed by the Motor Accidents Claims Tribunal (I Additional Subordinate Judge, Villupuram) and made in MACT.OP No.415 of 2003 dated 25.09.2006.

2. Background facts in a nutshell are as follows:-

The claimant was injured in a motor accident on 111. 2002 at about 7.30 p.m. The claimant was travelling as a passenger with his wife in the Sri Krishna Transport Bus bearing Registration No.PY-01-T-0405 from Villupuram to Pondicherry belonging to the second respondent. At that time, a bus bearing Registration No. TN-32-N-1566, belonging to the appellant / Transport Corporation, driven by its driver in a rash and negligent manner, came from the opposite side and hit on the front side of the said Sri Krishna Transport bus. Due to the accident, the claimants right leg was crushed and also sustained multiple injuries all over the body. The claimant claimed a sum of Rs.5,00,000/- as compensation before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the following issues were framed by the Tribunal:-

a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant / Transport Corporation or not?

b) Whether the claimant is entitled for any compensation? 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 bus belonging to the appellant / Transport Corporation and awarded a compensation of Rs.91,970/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:-

Rupees

Disability 45,000/-

Pain and suffering 25,000/-

Loss of income during the treatment period 6,970/-

Medical expenses 10,000/-

Nourishment 5,000/-

Total... 91,970/-

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

3. Learned counsel appearing for the Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.

4. Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P20 were marked. On the side of the Transport Corporation, no witnesses were examined and no documents were marked. P.W.1 is the claimant. P.W.3 is the Doctor. Ex.P1 is the copy of First Information Report. Ex.P2 is the copy of Motor Vehicle Inspectors Report. Ex.P3 is the Accident Register. Ex.P4 is the Out-patient slip. Ex.P5 is the patients Registration Card of Pondicherry Institute of Medical Sciences. Ex.P6 is the PIMs Hospital Discharge Summary. Ex.P7 is the Wound Certificate. Ex.P8 is the Ortho Doctors Certificate. Ex.P9 is the Plastic Surgeons Certificate. Ex.P10 is the Anglo French Textiles Workers Identity Card. Ex.P11 is the Salary Slip. Ex.P12 are the details of medical expenses and pharmacy bills. Ex.P19 is the Permanent Disability Certificate. Ex.P20 is the x-ray. 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 bus belonging to the appellant / Transport Corporation. The finding of the Tribunal is based on valid materials and evidence.

5. The claimant was 59 years old at the time of accident. He is working as Jobber at the Weaving B Unit of Anglo French Textiles at Pondicherry. The claimant claimed that he is earning more than Rs.10,000/-per month. Due to the accident, the claimants right leg was crushed and also he sustained multiple injuries all over the body. Immediately after the accident, he was taken to the Government Hospital, Villupuram fo