This Criminal Miscellaneous Appeal has been filed by the appellant to enhance the award, passed in M.C.O.P.No.66 of 2001, on the file of the Motor Accident Claim Tribunal cum Sub Court, Padmanabhapuram, Kanyakumari District, dated 03.01.2005.
2.The case of the claimant is that the boy was aged about 11 years and he was studying fifth standard at the time of accident and with his father, he along with his brother went to his uncle's house by Auto-rickshaw bearing registration No.TN74-D-3895 on 01.07.2000 at 2.30 p.m., when, they were travelling, the State Transport Corporation Bus, bearing registration No.TN74-N-0370, which was driven by the first respondent in rash and negligent manner and had dashed against the Auto-rickshaw, due to which, the Auto-rickshaw was damaged and both the children were sustained injuries and one Marton Betser had fracture in his right hand and had injuries over the face and another one Martin Beston had injuries in the left leg, thigh, lips and all over the body. They were admitted in Vempanur, James hospital, and they were taking treatment there from 01.07.2000 to 07.07.2000 as in- patient, and then they were referred to Dr.Vesten Artho, as out patient to Joyal James Artho hospital and taken treatment from 08.07.2000 to 15.08.2000. Then, the Police had registered the First Information Report and Criminal Case had been filed against the first respondent and the appellant / claimant has claimed a sum of Rs.50,000/- (Rupees Fifty Thousand) as compensation for the injuries sustained.
3.Before the Tribunal, on the side of the petitioner, one witness viz., P.W.1 was examined and ten documents viz., Ex.P.1-First Information Report, Exs.P.2 and P3-certified copies of the Motor Vehicle Inspector, Ex.P.4-certified copy of observation mahazar, Ex.P.5-certified copy of rough sketch, Ex.P.6-certified copy of medical report, Exs.P.7 and P10-medical bills and Exs.P.8 and P.9-certified copies of the medical report were marked and on the side of the respondent, one witness viz., R.W.1 was examined and no document was marked.
4.The Tribunal, after hearing the arguments of the learned counsel for the petitioners and respondents and also taking into consideration of Ex.P.8 is the certified copy of the Medical Report of Dr.Joesph Sen and Ex.P.9 is the certified copy of the Medical Report of Dr.Joel James, which proved the fracture in the left hand of the claimant, therefore, the Tribunal had awarded a sum of Rs.5,000/- (Five Thousand Rupees) for injuries and Exs.P.7 and P.10 are the medical bills, wherein the claimant has spent a sum of Rs.12,361/- (Twelve Thousand Three Hundred and Sixty One Rupees) for medical expenses. Based on this, the Tribunal had awarded a sum of Rs.12,361/- (Twelve Thousand Three Hundred and Sixty One Rupees) for medical expenses. Finally, the Tribunal had awarded a sum of Rs.17,361/- (Seventeen Thousand Three Hundred and Sixty One Rupees) as compensation. Against, which the present Civil Miscellaneous Appeal has been preferred.
5.The learned counsel appearing for the second respondent / the State Corporation Ltd., filed a counter affidavit and stating that the injuries sustained by the appellant / claimant were simple one and that they need not undergo any treatment and there was no permanent disability to the appellant / claimant due to the said accident and the claim was without any basis and no such accident took place as sated by the appellant / claimant and it was only the Auto-rickshaw, which was negligent and no liability to be fixed on State Transport Corporation.
6.The learned counsel for the fourth respondent filed a counter affidavit stating that the Auto-rickshaw belongs to one Suresh. On 10.02.1999 itself, a sale agreement was effected for a sum of Rs.58,500/- (Fifty Eight Thousand and Five Hundred Rupees) for the Auto-rickshaw, so the claimants have to claim the compensation only from the other respondents and not from him.
7.The learned counsel appearing for the fifth respondent / the Oriental Insurance Company Ltd., submitted that the Auto-rickshaw insurance certificate and permit were not filed in this case and the negligence is fixed only on the part of the first respondent / driver of the State Transport Corporation Bus, and only due to his act, this accident had occurred and they also questioned the cause as well as the disability claimed by the appellant / claimant.
8.The learned counsel appearing for the appellant/ claimant would submit that the award amount is Rs.17,361/- (Seventeen Thousand Three Hundred and Sixty One Rupees) is very meagre for paining and disability sustained by the boys, who is 11 years old, so they sought for further enhancement.
9.It is seen from the materials available on record that the accident has taken place as stated by the appellant / claimant and the negligence has been fixed on the side of the State Transport Corporation and the respondents 3 to 5 were exonerated by the Tribunal. Exs.P.8 and 9 are doctor's certificate regarding wound and Ex.P10 is the medical certificate, which shows that no other injuries were sustained by the claimant.
10.Heard the learned counsel appearing for the appellant / claimant and the learned counsel appearing for the respondents 1 to 3 and 5.
11.This Court finds that the award passed by the Tribunal is very meagre and it is reasonable to enhance the same. Rs.5,000/- (Five Thousand Rupees) is awarded by the Tribunal for injuries, where the boy had fracture in his right hand and he was taking treatment for 2 to 3 months, hence this Court enhance the amount to Rs.10,000/- (Ten Thousand Rupees). The boy is 11 years old, who would have beared the pain with emotional condition, hence it is proper to award the amount of Rs.10,000/- (Ten Thousand Rupees) for pain and suffering. The Tribunal has awarded Rs.12,361/- (Twelve Thousand Three Hundred and Sixty One Rupees) for medical bill, which is confirmed by this Court, and for transport from house to hospital was not awarded by the Tribunal and the same is taken by this Court and Rs.10,000/- (Thousand Thousand Rupees) is awarded for the transport.
12.In view of the above, this Court modifies the award of the Tribunal by enhancing the compensation as under:
S.
No Description Amount awarded by the Tribunal Rs.
Amount awarded by this Court Rs.
Award confirmed or enhanced or granted 1 For injuries 5,000 10,000 enhanced 2 Pain and Sufferings
---
10,000 Awarded 3 For Medical Bills 12,361 12,361 confirmed 4 For Transportation
--
10,000 Awarded Total Rs.17,361 Rs.42,361 Enhanced by Rs.42,361/-
13.In the result, the Civil Miscellaneous Appeal is partly allowed by enhancing the award amount from Rs.17,361/- to 42,361/-, which is rounded up by Rs.42,300/- (Forty Two Thousand and Three Hundred Rupees) and the rate of interest is modified from 9% to 7.5%, made in M.C.O.P.No.66 of 2001 on the file of the Motor Accident Claim Tribunal cum Sub Court, Padmanabhapuram, Kanyakumari District. The Transport Corporation is directed to deposit the award amount with accrued interests and costs, within a period of twelve weeks from the date of receipt of a copy of this order, failing which the interest amount will be taken as 9%. No Costs.
To
1.The Motor Accident Claim Tribunal cum Sub Judge, Padmanabhapuram, Kanyakumari District
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. .