Tamil Nadu State ExpressTransport Corporation Ltd. v. Chandrasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:21.11.2008C O R A MTHE HONOURABLE Mr. JUSTICE R.SUDHAKARC.M.A.No.191 of 2008andM.P.No.1 of 2008 The Managing Director, Tamil Nadu State ExpressTransport Corporation Ltd.,Chennai. ... Appellant/RespondentVsChandrasekaran. ... Respondent/ClaimantCivil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated27.4.2005 passed in M.C.O.P.No.63 of 2004 on the file of the MotorAccidents Claims Tribunal (District Court), Perambalur. For Appellant :Mr.M.KrishnamoorthyFor Respondent :Mr.S.Kamadevan J U D G M E N T This appeal is filed by the Tamil Nadu State Express TransportCorporation challenging the award dated 27.4.2005 passed inM.C.O.P.No.63 of 2004 on the file of the Motor Accidents ClaimsTribunal (District Court), Perambalur.

The finding of negligence on the part of the driver of the appellant transport corporation bus, who caused the accident and the liability of the appellant transport corporation to compensate the claimant is not disputed by the counsel for the appellant and the same is confirmed.

The only contention raised by the learned counsel for the appellant is on the quantum of compensation.

It is a case of injury. The brief facts of this case are as follows:- The accident in this case happened on 25.6.2003. Theinjured claimant Chandrasekaran, aged 38 years, a Chemistry Teacher, https://hcservices.ecourts.gov.in/hcservices/ was travelling as a pillion rider in a motorcycle. The bus belonging to the appellant transport corporation collided with the motorcycle. In that accident, he suffered grievous injuries to the left hand and to other parts of the body. He was treated at K.M.C. Hospital, Tennur, Tiruchirappalli. Due to the accident, the injured claimant lost four fingers on the left hand and fracture of the thumb, besides, other injuries. He claimed compensation in a sum of R.5lakhs stating that he was earning a sum of Rs.10,000/- per month at the time of accident.

In support of the claim, the injured claimant was examined as P.W.1. Doctor Saravanan was examined as P.W.2. Documents Exs.A-1 to A-8 were marked in support of his claim, the details of which are as follows:-Ex.A-1 is the FIR,Exs.A-2 to A-4 are the discharge summaries, Ex.A-5 is the photo, Ex.A-6 is the salary certificate, Ex.A-7 series are the medical bills, Ex.A-8 is the X-Ray andEx.A-9 is the disability certificate. The driver of the appellant transport corporation was examined asR.W.1. No document was filed on behalf of the appellant transportCorporation, the respondent before the Tribunal.

As far as the compensation is concerned the Tribunal dealt with the issue in paragraph 6 of the award in answer to point No.2.From the discussions found in the order of the Tribunal, it is stated that the injured claimant was treated at K.M.C. Hospital at Tennur, Tiruchirappalli for three months as inpatient. The claimant stated that 7 surgical procedures were done and skin was removed from the thigh and the back for grafting of the skin. The injured claimant was further treated at Stanley Hospital, Chennai for 40days as inpatient. Four fingers were amputated and therefore, the left hand palm is totally immobile and not usable. Since the left hand palm was crushed, the whole left hand is disfigured. Thedoctor P.W.2 assessed the disability at 51% under Ex.A-9.

Considering the age, occupation, income of the injured and the disability assessed at 51% and further considering the period of hospitalisation, the Tribunal granted the following amounts as compensation with interest at 9%:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No.HeadAmount granted by the Tribunal1Disability assessed at 51%Rs. 51,000/-2Medical expenses as per Ex.A-7 medicalbillsRs.1,49,139/-3Pain and sufferingRs. 30,000/-4Loss of four fingersRs. 40,000/-5Transport expensesRs. 30,000/-6Medical expensesRs. 30,000/-TotalRs.3,30,139/- 8. The learned counsel for the appellant pleaded that the sum of Rs.51,000/- granted for the disability assessed at 51%, the sum of Rs.1,49,139/- granted as per medical bills and the sum ofRs.30,000/- granted for pain and suffering are not disputed. Thedispute is regarding the sum of R.40,000/- granted for loss of four fingers and the sum of Rs.30,000/- for transport expenses. He also pleaded for reduction in the interest from 9% to 7.5%.

Counsel for the claimant on the other hand stated that the injured claimant has lost four fingers due to serious crush injuries. The injured claimant underwent a long period of treatment both at Tiruchirappalli and at Chennai, which is almost 130 days. The compensation is, therefore, justified as no amount has been granted for extra nourishment, attender charges and for loss of amenities. He pleaded that if the Court is interfering with the quantum of compensation, it may be suitably adjusted and granted on all the heads under which compensation is payable.

In this case, having granted compensation towards medical bills as per Ex.A-7, the Tribunal without any discussion or reason has granted a further sum of Rs.30,000/- on the head medical expenses, this needs to be clarified as some amount will be expended for physiotherapy and post medical treatment. The amount ofRs.40,000/- granted for loss of four fingers has not been properly explained. The injured claimant, however, is entitled to compensation on the ground of loss of amenities as four fingers have been amputated. Towards transport expenses a sum of Rs.30,000/- was granted, but the details of expenses have not been given by the claimant or explained by the Tribunal. Therefore, the said sum needs to be suitably adjusted and granted. The injured claimant, however, will be entitled to compensation for extra nourishment consequent to the injuries and amputation as he was undergoing treatment for over four months and attender charges. The treatmentis at two places, viz., Trichy and Chennai and the stay in one stretch at a time, hence, the claimant will be entitled to a lesser https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.15,000/- as against Rs.30,000/- granted by the Tribunal. Considering all these aspects the award of the Tribunal is modified as follows:-Sl.No.HeadsAmount granted by the TribunalAmount granted by this Court1Disability assessed at 51%Rs. 51,000/-Rs. 60,000/-2Medical expenses as perEx.A-7 medical billsRs.1,49,139/-Rs.1,49,139/-3Pain and sufferingRs. 30,000/-Rs. 30,000/-4Loss of four fingersRs. 40,000/----4(a)Loss of amenities---Rs. 25,000/-5Transport expensesRs. 30,000/-Rs. 15,000/-6Medical expensesRs. 30,000/- ---6(a)Medical expenses including physiotherapy and post medical treatment ---Rs. 15,000/-7Extra nourishment---Rs. 10,000/-8Attender charges at two places, Trichy and Chennai---Rs. 10,000/-TotalRs.3,30,139/-Rs.3,14,139/-rounded toRs.3,14,200/-11. Further, in view of the decision of the Apex Courtreported in 2005 (3) C.T.C. 373 (Tamil Nadu State TransportCorporation vs. S.Rajapriya), the interest granted by the Tribunalstands modified from 9% to 7.5% as the accident in this case happened in the year 2003 and the award is of the year 2005.

It is stated by the learned counsel for the appellant that pursuant to the interim order dated 25.1.2008 entire award amount has been deposited.

In the result, the Civil Miscellaneous Appeal is allowed in part as follows:-(i) The award of the Tribunal is reduced to Rs.3,14,200/- fromRs.3,30,139/-. (ii) The interest granted by the Tribunal at 9% stands reduced to 7.5%. (iii) The claimant is entitled to withdraw the award amount asper order of this Court. https://hcservices.ecourts.gov.in/hcservices/ (iv) The appellant is entitled to withdraw the balance amountin deposit with interest after settling the claimant. (v) There shall be no order as to costs. (vi) Consequently, connected miscellaneous petition is closed.sd/-Asst. Registrar/true copy/Sub Asst. RegistrartsTo The District Court, (Motor Accidents Claims Tribunal) Perambalur. + 1 c.c. to Mr. M. Krishnamoorthy, Advocate. S.R.No.65207.+ 1 c.c. to Mr. S. Kamadevan, Advocate. S.R.No.65151. Judgment in C.M.A.No.191 of 2008 VSV (CO)GSK 12.02.2009.