in both appeals COMMON PRAYER:- Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicle Act 1988, to set aside the Judgment and Decree in M.C.O.P.Nos.1290 and 1291 of 2007 dated 25.09.2012 on the file of the Motor Accident Claims Tribunal/IVth Additional District Court, Madurai.
In an accident involving the appellant's bus that occurred on 20.11.2006, a passenger, by name Nimala Devi, suffered severe injuries. She filed M.C.O.P.No.1290 of 2007, dated 25.09.2012, on the file of the Motor Accident Claims Tribunal/IVth Additional District Court, Madurai.
2.During the pendency of the claim proceedings she passed away. This was in February 2011. Her legal representatives S.Karthikeyan and S.Vinoth Kumar came on record. The Tribunal, however awarded them compensation as if the appellant Transport Corporation will have to bear liability for her death. This is clearly incorrect.
3.The learned counsel for the appellant Corporation placed reliance of decision of this Court reported in 2000 (IV) CTC 528 (The Managing Director Vs S.Rajalakshmi and four others). That was also the case of an accident claiming compensation for personal injuries. The injured died after filling the claim petition. The legal representatives were brought on record before the Tribunal. Death of the claimant was not an account of accident.
4.This Court held that legal representatives of the claimants would be entitled to only compensation as regards actual expenses incurred by claimants for treatment.
5.I am of the view that whatever claim, which the injured would have had if she were alive, will have to be awarded as compensation and passed on to the claimants. I cannot agree with the contention of the learned counsel for the appellant that the legal representatives can claim only actual medical expenditure incurred in treating the injured. The injured was admitted by an in-patient for a period of 76 days. Therefore, the compensation payable to the claimants can be re worked as follows:-
Sl.No Heads Amount in Rupees
1. Medical Expenditure Rs.5,79,253/-
2. Pain and suffering Rs.1,00,000/-
3. Attender Charge and Extra nourishment Rs.1,00,000/-
Total= Rs.7,79,253/-
6.Therefore, the compensation awarded by the Tribunal is reduced from Rs.10,70,000/- to Rs.7,79,253/-. The order dated 25.09.2012 made in M.C.O.P.No.1290 of 2007, on the file of the Motor Accident Claims Tribunal/IVth Additional District Court, Madurai is accordingly modified.
7.The appellant/ Transport Corporation is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw the same as apportioned by the Tribunal, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
In C.M.A.(MD).No.765 of 2015 In the very same accident, a minor child aged about 17 years was also injured. The mother Nimala Devi filed M.C.O.P.No.1291 of 2007 claiming compensation. She passed away in 2011. Her sons came on record. The Tribunal awarded a sum of Rs.3,65,000/- as compensation.
2.This Court is of the view that the award amount cannot be said to be excessive. There is no merit in the appeal.
3.Therefore, the order dated 25.09.2012 made in M.C.O.P.No.1291 of 2007, on the file of the Motor Accident Claims Tribunal/IVth Additional District Court, Madurai is confirmed.
4.The appellant/ Transport Corporation is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw the same as apportioned by the Tribunal, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
5.In the result, these Civil Miscellaneous Appeals filed by the Transport Corporation in C.M.A(MD).No.764 of 2015 is partly allowed and C.M.A(MD).No.765 of 2015 is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The Motor Accident Claims Tribunal/ IVth Additional District Court, Madurai.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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