This Civil Miscellaneous Appeal has been filed by the Appellant/claimant against the Judgment and decree made in M.C.O.P.No.66 of 2001, dated 17.06.2005 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Additional District Judge, Pudukkottai.
2.On 03.11.1999, the claimant was travelling as a passenger in third respondent's Auto, which was driven by the third respondent's brother. The accident had took place in Alangudi to Pudukkotitai Main Road near Jeyaraman Rice Mill at about 8.30 a.m. A passenger bus bearing Registration No.T.N.57 A 7279 came from opposite direction and dashed against the said Auto. Due to the accident, the auto driver died and the claimant sustained severe injuries. Immediately, the injured was taken to the Government Hospital at Pudukottai. After giving first aid, the injured was shifted to the Tanjore Medical College Hospital where he was admitted as inpatient and taken intensive care treatment for more than one month and he undergone three surgeries and plastic surgery was also done. Hence, the claimant filed a claim petition in M.A.C.O.P.No.66 of 2001 before the Motor Accidents claims Tribunal/ Fast Track Court, Additional District Judge, Pudukkotai, claiming compensation of Rs.15,00,000/- for the injuries sustained by him in the above said accident.
3.The second respondent has filed their counter-affidavit before the Tribunal stating that the petition averments are false, at the time of accident, the first respondent had not possessed a valid and effective driving license and he has no valid permit; the Auto driver is also responsible for the said accident; therefore, all the respondents are liable to pay compensation and the compensation claimed by the claimant is very high; the claim petition is liable to be dismissed.
4.The third and fourth respondents have also filed their separate counter affidavits stating that the first respondent's driver drove his vehicle in a rash and negligent manner and caused the accident; in order to avoid the technical problems, the third and fourth respondents are impleaded in this case; therefore, R1 and R2 alone are liable to pay compensation. The claimant's age, business, monthly income, disability, medical expenses and treatment period mentioned in the claim petition are denied and they prayed for dismissal of the claim petition.
5.Before the Tribunal, on the side of the claimant five witnesses viz., P.W.1 to P.W.5 were examined and thirteen documents viz., Ex.P.1 to Ex.P.13 were marked. Ex.P.1 is the F.I.R. copy, Ex.P.2 is the wound certificate, Ex.P.3 is the discharge summary, Ex.P.4 to Ex.P.9 are inpatient sheet, Ex.P.10 is patient record. Ex.P.11 is patient sheet, Ex.P12 is wound certificate and Ex.P.13 is X-Ray. On the side of the respondents, neither any witness was examined and nor any document was marked.
6.Considering the facts and circumstances of the case and also on perusing the records, the Tribunal has awarded a sum of Rs.50,000/- towards 50% permanent disability, Rs.10,000/- towards pain and sufferings, Rs.5,000/- towards transportation and other expenses, Rs.5,000/- towards loss of income during the treatment period and Rs.50,000/- towards loss of future income. The Tribunal awarded a total compensation of Rs.1,20,000/- to the claimant.
7. Challenging the same, the appellant has filed this appeal seeking enhancement of compensation, stating that the compensation awarded is inadequate.
8.Heard the learned counsel appearing for the appellant and the learned counsel for the respondents 2 & 4. There is no representation on behalf of the first and third respondents in these appeal proceedings.
9.The learned counsel appearing for the appellant stated that the claimant has suffered multiple grievous injuries and suffered 50% permanent disability and that he could not able to do his regular work, but the Tribunal has awarded a mere compensation of Rs.1,20,000/- , therefore, he wants enhancement of compensation.
10.The learned counsel appearing for the respondents 2 & 4 stated the award of the Tribunal requires no modification.
11.Considering the above facts and circumstances and also on perusal of records, this Court seen that on 03.11.1999 at about 08.30 a.m., the claimant was travelling as a passenger in third respondent's Auto, which was driven by the third respondent's brother. The accident had taken place at Alangudi to Pudukkotitai Main Road, near Jeyaraman Rice Mill at about 8.30 a.m. At that time, a passenger bus bearing Registration No.T.N.57 A 7279, came from opposite direction and dashed against the Auto. Due to the accident the auto driver died and the claimant sustained multiple grievous injuries.
12.From the perusal of the entire materials on record, it is seen that the claimant had sustained grievous injuries all over the body and he has suffered 50% disability as per PW.1 and 2. The Tribunal awarded a sum of Rs.1000/- for each percentage of disability. The disability compensation awarded by the Tribunal is reasonable. This Court is of the view, the Tribunal has rightly awarded a sum of Rs.50,000/- towards disability compensation.
13.The claimant has suffered 50% permanent disability. So, he did not able to pursue his regular avocation and his job as earlier. So, he lost his income. But, he had not produced any relevant document as income proof. Therefore, the Tribunal has awarded a sum of Rs.50,000/- for loss of future income. The Tribunal also awarded a sum of Rs.5,000/- for loss of income during the treatment period. This Court is of the view that the Tribunal has rightly came to the above conclusion and the compensation awarded by the Tribunal towards loss of income is also reasonable.
14.The claimant has sustained multiple grievous injuries all over the body. He was an inpatient for about two months. He has, certainly, suffered some pain. Therefore, the Tribunal rightly awarded a sum of Rs.10,000/- towards pain and sufferings. The amount awarded by the Tribunal towards pain and sufferings is confirmed. Further, the Tribunal has awarded a sum of Rs.5,000/- towards transportation and other expenses which was incurred by the claimant during the relevant period. This Court is not inclined to interfere with the award passed by the Tribunal. The compensation awarded to the claimant/appellant by the Tribunal is adequate.
15. In the result, Civil Miscellaneous Appeal is dismissed. The award dated 17.06.2005 made in M.C.O.P.No.66 of 2001 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Additional District Judge, Pudukkottai is confirmed. The first and second respondents are directed to deposit the entire compensation with accrued interest from the date of petition till date of realization and costs, as awarded by the Tribunal, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited. On such deposit being made, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, after filing proper application before the Tribunal. No costs.
To
1.Additional District Judge, The Motor Accident Claims Tribunal, Fast Track Court, Pudukkottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Ma.dras High Court, Madurai.
.