The Managing Director, Tamil Nadu State Transport Corporation is the appellant. The 2nd respondent is the driver of the offending bus. The appellant is the owner the offending bus. The 1st respondent is the claimant and he has filed the above petition claiming total compensation of Rs.5,60,000/- for the injuries sustained by him in an accident involving the said bus.
2. After considering the materials, the Tribunal has come to the conclusion that the accident occurred only due to the rash and negligent driving of the 2nd respondent. The accident occurred on 10.05.2002. The claimant sustained the following injuries:-
a. A cut injury over the back of the head.
b. A cut injury over the left eye brow.
c. A cut injury over the left cheek d. A lacerated injury at the left leg knee joint For the injuries he had suffered, the claimant approached the Tribunal seeking compensation of Rs.5,60,000/-. The Tribunal has awarded a total compensation of Rs.1,42,000/-. The Transport Corporation filed this appeal, challenging the quantum fixed by the Tribunal. They have also claimed that the driver of the bus has not responsible for the amount.
3. The learned counsel for the appellant submitted that no independent witness has been examined to prove the negligence on the part of the driver of the appellant Corporation. The driver/1st respondent before the Tribunal was examined as RW-1. He would stated that the claimant suddenly crossed the road and that there was no negligence on his part. However, he has not examined any other person to corroborate his evidence. He has admitted that a criminal case has been registered against him in connection with this accident and after completion of the investigation, a charge sheet has been laid against him. Having regard to the fact that the police investigated the case and laid a charge sheet against the driver of the appellant Corporation and taking into account the evidence adduced by petitioner, this Court has no hesitation in coming to the conclusion that the accident has occurred only due to the rash and negligent act of the 1st respondent/driver.
3. Coming to the question of quantum fixed by the Tribunal under various heads, admittedly the claimant was stated to be daily wage earner and aged about 45 years at the time of accident. The Tribunal fixed his monthly income as Rs.3,000/- per month. The disability was assessed at 35% [left leg] + 15% [for left shoulder]. Admittedly, the petitioner took treatment at Government hospital, Gobichettipalayam and Erode for the shoulder fracture and two simple injuries. For the two simple injuries the Tribunal awarded a sum of Rs.10,000/-. For the two fracture the Tribunal awarded a meager sum of Rs.85,000/-. Towards extra nourishment, it has awarded a sum of Rs.500/- and for transportation it has awarded a sum of Rs.500/-.
N.AUTHINATHAN, J., kmi
4. Having regard to the period of hospitalization and the nature of injuries, I hold that the Tribunal awarded only a reasonable compensation and it does not require any modification.
5. I do not find any error in the order of the Tribunal. Accordingly, this appeal is dismissed. The appellant corporation is directed to deposit the amount within six weeks from the date of receipt of a copy of this order, whereupon the claimants would be entitled to withdraw the same forthwith. No costs.
14.02.2017 kmi To:
1. The Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court No.II, Gobichettipalayam)
2. The Section Officer, V.R.Section, High Court, Madras.
C.M.A.No.266 of 2005 http://www.judis.nic.in