The Managing Director v. Muhammed Ali Sadhiq
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 07.04.2016
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.1587 of 2016 and M.P.No.2 of 2014 The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Kumbakonam Division-I) Ltd., Railway station new Road, Kumbakonam 612 001.
..Respondent/Appellant
Versus
Mohammed Ali Sadhiq ..Petitioner/Respondent Prayer: This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 07.12.2010, made in M.C.O.P.No.178 of 2007, on the file of the Motor Accidents Claims Tribunal, Additional Sub Judge, Myladuthurai.
For Appellant : Mr. D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been preferred against the Judgment and decree dated 07.12.2010, made in M.C.O.P.No.178 of 2007, on the file of the Motor Accidents Claims Tribunal, Additional Sub Judge, Myladuthurai.
2. The respondent has filed the claim application claiming compensation to the tune of Rs.15,00,000/- by stating that on 12.11.2006, at about 6.40hrs., when the claimant was standing in the bus stand to board a bus, at that time, the driver of the bus bearing registration No.TN-23-N-0963, came in a rash and negligent manner and dashed against him, due to which, the claimant sustained multiple injuries including fracture in the knee. The said claim was resisted by the appellant/Tamil Nadu State Transport Corporation. According to the claimant, he was working as money exchanger in Singapore and was earning Rs.30,000/- per month at the time of the accident. However, the Tribunal found that the accident has occurred due to the rash and negligent driving of the driver of the appellant Corporation and fastened the liability on the appellant.
3. Challenging the quantum of compensation awarded to the claimants, by the Motor Accidents Claims Tribunal, Additional Sub Judge, Myladuthurai, made in M.C.O.P.No.178 of 2007, dated 07.12.2010, Tamil Nadu State Transport Corporation has preferred this appeal.
4. While computing the compensation, the Tribunal after taking note of the injuries suffered and the evidence produced, fixed the disability at 34% and awarded compensation of Rs.68,000/- towards disability and has awarded a sum of Rs.2,08,350/- towards medical expenses and a sum of Rs.20,000/- was awarded towards pain and sufferings and for transport expenses a sum of Rs.5,000/- was awarded and for extra nourishment a sum of Rs.5,000/- was awarded and hence, a total sum of Rs.3,06,350/- with 7.5% interest was awarded. Aggrieved by which, the Transport Corporation is before this Court.
5. Mr.D.Venkatachalam, learned counsel appearing for the appellant submitted that though the claimant has produced Ex.P8, Medical Bills, for a sum of Rs.1,52,487/-, the Tribunal has erroneously awarded Rs.2,08,350/- towards medical expenses which, requires to be modified.
6. I have heard both sides and perused the materials available on record.
7. The factum and manner of the accident are not in dispute and the only point raised before this Court is the quantum of compensation awarded to the claimant. Though the learned counsel for the claimant submitted that the amount awarded towards medical expenses is excessive, it is pertinent to note that no amount has been granted towards attender charges and no amount has also been granted towards loss of earning capacity during the period of treatment.
8. Hence, I am of the view that for the multiple injuries including fracture sustained by the claimant, the amount awarded towards pain and suffering is very meager. The claimant was aged about 35 years at the time of accident and apparently the claimant would be suffering loss of earning capacity in future. The amount awarded towards extra nourishment is also very low which requires enhancement since the petitioner had taken treatment in another hospital also. In view of the same, this Court is of the view that the amount awarded towards Medical expenses can be adjusted under the heads loss of earning capacity and attender charges. Therefore, I find, that the compensation awarded by the Tribunal is just and reasonable and hence, the award passed by the Tribunal is hereby confirmed.
9. In the result, this Civil Miscellaneous Appeal is dismissed. However, the interest awarded by the Tribunal is hereby confirmed. The respondent/Transport Corporation is
directed to deposit the compensation if not already deposited with interest @ 7.5% per annum, from the date of petition till the date of deposit, within a period of eight (8) weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same along with interest. No Costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To, The Motor Accident Claims Tribunal, Additional Sub Judge, Myladuthurai.
pvs(co) krd 12/11 C.M.A.No.1587 of 2016