This appeal has been filed against the judgment and decree, dated 14.3.2006, made in M.C.O.P.No.94 of 2003, on the file of the Motor Accidents Claims Tribunal, Sub Court, Aruppukottai.
2. The grounds, based on which the judgment and decree of the Tribunal, dated 14.3.2006, has been challenged, are that the Tribunal had failed to note that the driver of the bus, which was involved in the accident that had occurred, on 3.2.2003, was driving the vehicle slowly and carefully and that there was no negligence on his part. The Tribunal had failed to note that the claimant had caused the accident due to his own negligence and that the driver of the bus was not responsible for the accident. Further, the Tribunal had erred in relying on the evidence of the claimant (P.W.1) in coming to its findings with regard to the aspect of negligence.
3. It has also been stated that the Tribunal had failed to note that the disability, if any, said to have been caused to the claimant due to the accident, had not really affected him, in any way. Further, the Tribunal had erred in awarding compensation, under the various heads, without any basis. The compensation awarded to the claimant is excessive in nature.
4. The main contention of the learned counsel appearing on behalf of the appellant Transport Corporation is that the Motor Accident Claims Tribunal, Aruppukottai, had awarded a total sum of Rs.99,000/-, as compensation for the injuries suffered by the claimant due to the accident that had occurred, on 3.2.2003. A sum of Rs.64,000/- had been awarded for the permanent disability caused to the claimant due to the said accident. Rs.5,000/- had been awarded for the pain and suffering and Rs.30,000/- for the loss of the earning capacity of the claimant. The learned counsel had submitted that the Tribunal ought not to have awarded the amount of Rs.30,000/- for the loss of the earning capacity of the claimant when a sum of Rs.64,000/- had already been awarded for the permanent disability said to have been suffered by the claimant.
5. The learned counsel had relied on the decision of this Court, reported in P.S.Devaraj Vs. Managing Director, Metropolitan Transport Corporation Limited (2008 (5) MLJ 189), in which the learned Single Judge, relying on the decision in Cholan Roadways Corporation Limited vs. Ahmed Thambi (2006 (4) MLJ 362), had held that the assessment of damages in personal injury cases raise great difficulties. The compensation has to be calculated having regard to the age of the claimant, the nature of injuries sustained by him and the nature of the treatment and the quantum of compensation awarded must be reasonable. When the compensation is awarded under the head `permanent disability', awarding of compensation for the loss of the claimant's earning power would not arise.
6. Based on the evidence available on record, the Tribunal had found that the claimant had suffered a fracture of the 5th metacarpal bone and that it could not be fixed properly and therefore, according to the medical report, the claimant had suffered a disability of 32%. Based on the said assessment a sum of Rs.64,000/- had been awarded to the claimant. However, a further sum of Rs.30,000/- has been awarded for the loss of the earning capacity of the claimant. In such circumstances, it is clear that the Tribunal had erred in awarding a sum of Rs.30,000/- for the loss of the earning capacity of the claimant, having already awarded a sum of Rs.64,000/- for the permanent disability incurred by the claimant, due to the accident said to have occurred, on 3.2.2003.
7. There is no appearance on behalf of the respondent.
8. In view of the submissions made by the learned counsel appearing on behalf of the appellant and on a perusal of the records available, this Court is of the considered view that the Motor Accidents Claims Tribunal, Sub Court, Aruppukottai, had erred in awarding the sum of Rs.30,000/- for the loss of the earning capacity of the claimant, having awarded an amount of Rs.64,000/-, as compensation to the claimant for the permanent disability incurred by him. Accordingly, the amount of Rs.99,000/- awarded as compensation to the claimant, by the Tribunal, is reduced to Rs.69,000/-, which the claimant is entitled to withdraw, along with the interest accrued thereon. The judgment and decree, dated 14.3.2006, made in M.C.O.P.No.94 of 2003, on the file of the Motor Accidents Claims Tribunal, Sub Court, Aruppukottai, is modified to the extent noted above. The Civil Miscellaneous Appeal is ordered accordingly. No costs. Consequently, M.P.No.1 of 2007 is closed.
csh To The Motor Accidents Claims Tribunal, Sub Court, Aruppukottai.