C.M.A(MD)No.448 of 2008 has been filed by the appellant-Insurance Company against the award of Rs.3,64,405/- (Rupees Three Lakhs Sixty Four Thousand Four Hundred and Five only) for the injuries sustained by the first respondent/claimant, namely, Nagarajan, aged 46 years, working as Senior Checking Inspector, C.C.D., Tamil Nadu State Transport Corporation, Kumbakonam Division - IV, Pudukkottai, allegedly earning a sum of Rs.8,400/- (Rupees Eight Thousand and Four Hundred only) per month, in the accident occurred on 24.04.2002, when he was travelling in the bus bearing Registration No.TN-67-0158 belonging to the fourth respondent-Transport Corporation, a lorry bearing Registration No.TAN-4599 belonging to the second respondent and insured with the third respondent was driven in a rash and negligent manner and dashed against the bus in which the first respondent/claimant, viz., Nagarajan was travelling and caused the accident. Therefore, the claim petition in M.C.O.P.No.3125 of 2002 was filed.
2. C.M.A(MD)No.28 of 2017 has been filed by the appellant-Insurance Company against the award of Rs.1,77,970/- (Rupees One Lakh Seventy Seven Thousand Nine Hundred and Seventy only) for the injuries sustained by the first respondent/claimant, namely, Babu, aged 25 years, working as Interior Decorator, allegedly earning a sum of Rs.5,000/- (Rupees Five Thousand only) per month, in the accident occurred on 24.04.2002, when he was travelling in the bus bearing Registration No.TN-67-0158 belonging to the fourth respondent-Transport Corporation, a lorry bearing Registration No.TAN-4599 belonging to the second respondent and insured with the third respondent was driven in a rash and negligent manner and dashed against the bus in which the first respondent/claimant, viz., Babu was travelling and caused the accident. Therefore, the claim petition in M.C.O.P.No.3126 of 2002 was filed.
3. On contest, the Tribunal, based on the evidence of P.W.1 and P.W.2 and filing of Ex.P.1 - F.I.R against the driver of the offending vehicle, found that the accident occurred only due to the rash and negligent driving of the driver of the second respondent herein and awarded the compensation of Rs.3,64,405/- (Rupees Three Lakhs Sixty Four Thousand Four Hundred and Five only) and Rs.1,77,970/- (Rupees One Lakh Seventy Seven Thousand Nine Hundred and Seventy only) respectively, to both the claimants. Aggrieved over the same, the present Civil Miscellaneous Appeals have been filed.
4. Heard Mr.N.Murugesan, learned Counsel for the appellant-Insurance Company and Mr.M.Kasiviswanathan, learned Counsel appearing on behalf of Mr.S.C.Herold Singh, learned Counsel for the fourth respondent. There is no representation for the first respondent.
5. The second respondent/owner of the offending vehicle and the third respondent/previous owner of the offending vehicle remained exparte before the Tribunal and hence, notice to them is dispensed with, in view of the Full Bench judgment of Madhya Pradesh High Court in Mrs.Jamunabai v. Chhote Singh reported in I (2004) ACC 190 (FB).
6. The Tribunal, based on the evidence of P.W.1 and P.W.2 and filing of Ex.P.1 - F.I.R against the driver of the offending vehicle and in the absence of any contra evidence to disprove the claim of the claimants, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the offending vehicle and therefore, fastened the liability on the appellant-Insurance Company. Hence, the said finding based on evidence cannot be interfered with.
C.M.A(MD)No.448 of 2008:
7. With regard to the compensation, the Tribunal, based on Exs.P.4 - Medical Bills; P.2 - Wound Certificate; P.12 - Disability Certificate, found that the first respondent/claimant, viz., Nagarajan, sustained 79% permanent disability and arrived at the loss of earning capacity at 100% and took a sum of Rs.2,000/- (Rupees Two Thousand only) towards 1% disability and awarded a sum of Rs.2,00,000/- (Rupees Two Lakhs only) towards partial and permanent disability and the same is confirmed.
8. The Tribunal also considered the loss of occupation of the claimant and rightly awarded a sum of Rs.1,00,000/- (Rupees One Lakh only) towards loss of income and this Court confirms the same.
9. A sum of Rs.20,000/- (Rupees Twenty Thousand only) was awarded towards pain and sufferings and mental agony, which in the opinion of this Court, is reasonable and accordingly, the same is confirmed.
10. The Tribunal awarded a sum of Rs.41,403/- (Rupees Forty One Thousand Four Hundred and Three only) towards medical expenses based on Ex.P.4 and the same is also confirmed.
11. A sum of Rs.3,000/- (Rupees Three Thousand only) awarded by the Tribunal towards extra nourishment is also confirmed.
12. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
13. Accordingly, the first respondent/claimant, viz., Nagarajan, is entitled to a sum of Rs.3,64,405/- (Rupees Three Lakhs Sixty Four Thousand Four Hundred and Five only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
C.M.A(MD)No.28 of 2017:
14. With regard to the compensation, the Tribunal, based on Exs.P.14 - Disability Certificate and P.15 - X-ray and the evidence of P.W.3 - Doctor, found that the first respondent/claimant, viz., Babu, sustained 49% permanent disability and took a sum of Rs.1,500/- (Rupees One Thousand and Five Hundred only) towards 1% disability and awarded a sum of Rs.73,500/- (Rupees Seventy Three Thousand and Five Hundred only) towards partial and permanent disability and the same is confirmed.
15. A sum of Rs.15,000/- (Rupees Fifteen Thousand only) was rightly awarded by the Tribunal towards pain and sufferings and mental agony and accordingly, the same is confirmed.
16. The Tribunal awarded a sum of Rs.86,470/- (Rupees Eighty Six Thousand Four Hundred and Seventy only) towards medical expenses based on Exs.P.9 to P.14 and this Court confirms the same.
17. A sum of Rs.3,000/- (Rupees Three Thousand only) awarded by the Tribunal towards extra nourishment stands confirmed.
18. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
19. Accordingly, the first respondent/claimant, viz., Babu, is entitled to a sum of Rs.1,77,970/- (Rupees One Lakh Seventy Seven Thousand Nine Hundred and Seventy only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
20. In the result,
(i) C.M.A(MD)No.448 of 2008 is dismissed, confirming the award dated 09.09.2005 passed in M.C.O.P.No.3125 of 2002 by the Motor Accident Claims Tribunal - cum ? III Additional Subordinate Judge, Tiruchirappalli and the first respondent/claimant, viz., Nagarajan, is entitled to a sum of Rs.3,64,405/- (Rupees Three Lakhs Sixty Four Thousand Four Hundred and Five only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs. No costs. Consequently, the connected miscellaneous petition is also dismissed;
(ii) C.M.A(MD)No.28 of 2017 is dismissed, confirming the award dated 09.09.2005 passed in M.C.O.P.No.3126 of 2002 by the Motor Accident Claims Tribunal - cum ? III Additional Subordinate Judge, Tiruchirappalli and the first respondent/claimant, viz., Babu, is entitled to a sum of Rs.1,77,970/- (Rupees One Lakh Seventy Seven Thousand Nine Hundred and Seventy only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs. No costs. Consequently, the connected civil miscellaneous petition is also dismissed;
(iii) The respective first respondent(s)/claimant(s) in both the claim petitions are directed to submit their Savings Bank Account Details along with the copies of their passbooks to the Tribunal forthwith;
(iv) The appellant-Insurance Company is directed to deposit the respective entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.Nos.3125 and 3126 of 2002 respectively, on the file of the Motor Accident Claims Tribunal - cum - III Additional Subordinate Judge, Tiruchirappalli, within a period of six weeks from the date of receipt of a copy of this judgment; and
(v) On such deposit, the Tribunal is directed to transfer the respective share amounts of the respective first respondent(s)/ claimant(s) directly to their Personal Savings Bank Account Numbers, through RTGS/NEFT system, after getting their Account Details, within a period of two weeks thereafter.
To
1.The Motor Accident Claims Tribunal - cum ?
III Additional Subordinate Court, Tiruchirappalli.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..