STATE EXPRESS TRANSPORT CORPORATION Vs. BASKAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant against the Judgment and Decree dated 18.10.2001, made in M.A.C.T.O.P.No.318 of 1999, on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge), Kumbakonam.

(2.) The appellant is the Transport Corporation. On 23.09.1998, the first respondent travelled in a bus bearing Registration No. TN 01 N 6079 owned by the appellant Corporation from Kumbakonam to Chennai. When the bus was nearing Vilangambody village in the National Highways at about 4.00 a.m., it dashed against a lorry bearing Registration No. TN 09 L 4735. THE bus also dashed against another Government Transport vehicle bearing Registration No. TN 01 N 6486. Due to the accident, the first respondent sustained multiple fracture and grievous injuries. THE first respondent was aged about 38 years at the time of accident. THE first respondent was a Bore-well Contractor. According to him, he was earning about Rs.15,000/- per month and he was treated as inpatient in the Government hospital, Dindivanam, for 3 " months i.e., 24.09.1998 to 07.01.1999. Due to the accident, his left leg up to knee was amputated and there was dislocation in the Hip Joint and that restricted his movement. THEre was also fracture in the right leg thigh and left jaw. He also lost two teeth. THE Dentist gave a certificate that he suffered 100% disability for loss of teeth and the fracture in the left jaw. THE Dentist opined that the first respondent could not fully open his mouth and there would be a difficulty in speaking due to the fracture in left jaw and he could not also take non-vegetarian food and he could easily take only liquid diet. He estimated the future medical expenses at Rs.25,000/-. THE Orthopaedic Surgeon gave a certificate that the first respondent suffered 96% disability due to amputation in the left leg up to knee and dislocation in Hip Joint and also fracture in the right leg thigh. According to the Orthopaedic Surgeon, the first respondent could not squat on the floor and he could have difficulties in passing motion and he would requires the assistance of other persons for day-to-day work. According to him, the first respondent would have to spend Rs.50,000/- towards future medical expenses. In these circumstances, the respondent has filed M.C.O.P.No.318 of 1999, claiming Rs.15,00,000/- towards compensation before the Motor Accident Claims Tribunal (Principal Subordinate Judge), Kumbakonam.

(3.) The learned Counsel for the appellant submits that the Tribunal committed an error in fixing a sum of Rs.8,000/- as monthly wages of the first respondent. He has seriously objected for applying 17 as multiplier, but he did not dispute that the first respondent was a Bore-well Contractor. It is submitted that there is no categorical evidence to establish that the first respondent earned a sum of Rs.8,000/- per month.