The determination of negligence, calculation of disability, and assessment of compensation under the Motor Vehicles Act, 1988.

JUDGMENT :

D. KRISHNAKUMAR, J.

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 27.03.2012, made in M.C.O.P. No. 255 of 2011, on the file of the Subordinate Judge, Cuddalore.

The matter is heard through “Video Conferencing.”

1. This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the judgment and decree dated 27.03.2012, made in M.C.O.P. No. 255 of 2011, on the file of the Subordinate Judge, Cuddalore

2. The appellant is the respondent in M.C.O.P. No. 255 of 2011, on the file of the Subordinate Judge, Cuddalore The respondent herein has filed the said claim petition, claiming a sum of Rs. 7,00,000/- as compensation for the injuries sustained by him in the road accident that took place on 04.01.2011.

3. Breif facts leading to the case is that on 04.01.2011 when the claimant was proceedings in his motor cycle bearing Reg. No. TN-31AX-7122 at about 7.30 AM near Western side of railway junction, Vridhachalam, the respondent corporation bus bearing Reg. No. TN-30N-0951 came from the opposite direction at a very high speed in a rash and negligent manner, without making horn, without following the traffic rules and regulations hit against the claimant’s motor cycle and caused the accident. The accident happened due to the negligence on the part of the driver of respondent’s vehicle. Due to the said accident, the claimant sustained grievous injuries and multiple fracture on his body. Hence, for the loss and injuries sustained by him due to the said accident, he claimed a sum of Rs. 7,00,000/- as compensation under various heads before the tribunal.

4. The appellant-Transport Corporation, filed counter statement before the tribunal and denied the mode of accident and negligence on the part of the driver of the Transport Corporation Bus. The claimant’s age, occupation, monthly income, nature of injuries and the treatment taken by the claimants were denied by the Transport Corporation. The amount of compensation claimed by the claimant was also denied as excessive and speculative.

5. Before the Tribunal, the respondent/claimant examined himself as PW-1 and the doctor was examined as PW-2 and marked documents ExP1 to P5. The appellant/Transport Corporation examined the driver of the bus as RW-1 and no documents were marked.

6. The Tribunal after considering the pleadings, oral and documentary evidence has concluded that the accident had occurred only due to the negligence on the part of the driver of the Transport Corporation bus bearing Reg. No. TN-30N-0951 and awarded compensation of Rs. 1,71,780/- under various heads together with interest at 7.5% per annum payable by the Transport Corporation.

7. Challenging the liability fastened on them by the award dated 27.03.2012, made in M.C.O.P. No. 255 of 2011, the appellant - Transport Corporation has come out with the present appeal.

8. The learned counsel for the appellant/Transport Corporation submitted that that the tribunal ought not to have considered the evidence of PW-1 who’s evidence not corroborated by another other independent witnesses. The learned counsel further submitted that the tribunal ought not to have held that mere registering FIR against the driver of the bus is enough for holding negligence on him. The Tribunal failed to consider the evidence of RW-1/driver of the bus, who deposed that the accident was occurred due to sudden turning of motor cyclist bearing Reg. No. 31-AX-7122 without observing the traffic rules.

9. The learned counsel for the appellant has further submitted that the percentage of permanent disability fixed by the tribunal at 11% is on the higher side. Likewise the notional income fixed by the tribunal at Rs. 4500/- per month and the compensation awarded under various head is also excessive and without any proof. Hence the award passed by the tribunal is liable to be set aside.

10. The arguments raised by the claimant/respondent herein before