This Civil Miscellaneous Appeal has been filed by the appellant- claimant against the award of Rs.3,99,000/- (Rupees Three Lakhs and Ninety Nine Thousand only) for the injuries sustained by the appellant-claimant, aged 22 years, working as Mason, allegedly earning a sum of Rs.9,000/- (Rupees Nine Thousand only) per month, in the accident occurred on 14.03.2012, when he was standing on the mud portion of Tirunelveli - Tiruchendur Main Road along with his motorcycle bearing Registration No.TN- 72-AJ-0061, the bus bearing Registration No.TN-58-N-0956 belonging to the respondent was driven by its driver in a rash and negligent manner and dashed against the appellant-claimant and caused the accident. Therefore, the claim petition is filed.
2. On contest, the Tribunal, based on the evidence of P.W.1 and R.W.1 and filing of Ex.P.1 - F.I.R against the driver of the respondent-Transport Corporation bus and Exs.P.2 to P.4 - Observation Mahazar, Rough Sketch and Final Report filed in the criminal case, respectively, found that the accident occurred only due to the rash and negligent driving of the driver of the respondent-Transport Corporation and awarded the compensation of Rs.3,99,000/- (Rupees Three Lakhs and Ninety Nine Thousand only) to the appellant-claimant. Aggrieved over the quantum of compensation, the appellant-claimant filed the present appeal.
3. Heard Mr.T.Selvakumaran, learned Counsel for the appellant-claimant and Mr.P.Prabhakaran, learned Counsel for the respondent-Transport Corporation and perused the materials available on record.
4. The Tribunal, based on the evidence of P.W.1 and R.W.1, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the respondent-Transport Corporation and therefore, fastened the liability on the respondent-Transport Corporation to pay the compensation to the appellant-claimant. Hence, the said finding based on evidence cannot be interfered with.
5. With regard to the compensation, the Tribunal, in the absence of any material to prove the income of the appellant-claimant, rightly determined the monthly income of the deceased at Rs.3,000/- (Rupees Three Thousand only).
6. It is seen that in the accident, the appellant-claimant sustained permanent disability at 55% as per Exs.P.23 and P.24 - Disability Certificate and X-ray respectively and the Tribunal, taking into consideration the fact that the appellant-claimant recovered from the injuries, determined the disability at 50% and the same cannot be found fault with. However, the Tribunal took only a sum of Rs.2,000/- (Rupees Two Thousand only) for 1% permanent disability and this Court is of the view that a sum of Rs.3,000/- (Rupees Three Thousand only) should be taken for 1% permanent disability as per the judgments of the Honourable Supreme Court and this Court. Accordingly, the appellant-claimant is entitled to a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) [Rs.3,000/- X 50%] towards permanent disability.
7. The Tribunal took a sum of Rs.3,000/- (Rupees Three Thousand only) as monthly income of the appellant-claimant and awarded a sum of Rs.9,000/- (Rupees Nine Thousand only) towards loss of income for the period, during which, the appellant-claimant took treatment as inpatient in the hospital and the same is confirmed.
8. A sum of Rs.1,000/- (Rupees One Thousand only) was awarded by the Tribunal towards transportation charges, which is on the lower side and therefore, this Court enhances the same to a sum of Rs.10,000/- (Rupees Ten Thousand only).
9. Similarly, a sum of Rs.2,000/- (Rupees Two Thousand only) was awarded towards extra nourishment and the same is very meagre and therefore, a sum of Rs.15,000/- (Rupees Fifteen Thousand only) is awarded by this Court.
10. Further, the Tribunal awarded only a sum of Rs.10,000/- (Rupees Ten Thousand only) towards pain and sufferings and hence, a sum of Rs.50,000/- (Rupees Fifty Thousand only) is awarded by this Court under the said head.
11. The Tribunal rightly awarded a sum of Rs.2,75,000/- (Rupees Two Lakhs and Seventy Five Thousand only) towards medical bills based on Exs.P.8, P.10, P.11, P.14, P.16 and P.19 and therefore, the same is confirmed.
12. A sum of Rs.2,000/- (Rupees Two Thousand only) was awarded by the Tribunal towards shock and mental agony and the same is confirmed.
13. The rate of interest awarded by the Tribunal at 9% per annum is reduced to 7.5% per annum.
14. Accordingly, the appellant-claimant is entitled to a sum of Rs.5,11,000/- (Rupees Five Lakhs and Eleven Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
15. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, enhancing the award of the Tribunal from Rs.3,99,000/- (Rupees Three Lakhs and Ninety Nine Thousand only) to a sum of Rs.5,11,000/- (Rupees Five Lakhs and Eleven Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(ii) The appellant-claimant is directed to submit his Savings Bank Account Detail along with the copy of his passbook to the Tribunal forthwith;
(iii) The respondent-Transport Corporation is directed to deposit the entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.No.67 of 2012 on the file of the Motor Accident Claims Tribunal - cum - Principal Sub Court, Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this judgment;
(iv) On such deposit, the Tribunal is directed to transfer the entire award amount along with accrued interest and costs directly to the Personal Savings Bank Account Number of the appellant-claimant, through RTGS/NEFT system, after getting his Account Details, within a period of two weeks thereafter;
(v) The appellant-claimant is directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy of this judgment; and
(vi) In the facts and circumstances of the case, there shall be no order as to costs.
To
1.The Motor Accident Claims Tribunal - cum ?
Principal Sub Court, Tirunelveli.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..