MINOR M. BALAJI Vs. S. VENKATACHALAM

JUDGEMENT

(1.) These three appeals have been filed by the appellants/claimants, being the members of the same family, namely, husband, wife and minor son, challenging the common award passed in M.C.O.P.Nos.207, 209 & 206 of 2008 respectively dated 27.12.2010 by the Motor Accidents Claims Tribunal (Additional District Judge), Fast Track Court No.1, Erode restricting the compensation payable to them at 50% on the ground of contributory negligence.

(2.) Mr.N.Manokaran, learned counsel for the appellants, assailing the impugned common award, pointed out the following infirmities committed by the Tribunal:-

(3.) Explaining further, the learned counsel submitted that on 7.10.2007 at about 9.00 P.M., when the appellants and another family member were travelling in the motor-cycle bearing Registration No.TN-29-Z-3550 driven by P.W.1- M.Murugesan from Komarapalayam to Pallipalayam, when they came nearer to Vijai Deepas Spinning Mills opposite road, one Maruti Zen car bearing Registration No.TN-38-D-0090 came from the opposite direction in a rash and negligent manner with high speed and hit against the motor-cycle, as a result all of them fell down and sustained injuries. The accident occurred only due to the rash and negligent driving of the first respondent, because of which P.W.1- M.Murugesan sustained bone fractures on the right shoulder, right caricable, ribs fracture on right side, backside of head, left hand, right leg and forehead; P.W.2- M.Devi sustained communicated fractures involving acetupulas and both calums of acetabulan in left side, multiple fractures at pubic, rami & pubic bone on right side, fracture at L5 vertebra and dislocation of femoral bone head on left side and the minor son-Balaji also sustained bone fracture on the right shoulder. Immediately first-aid treatment was given to them at Komarapalayam Government Hospital and they were shifted to Government Hospital, Erode and admitted as in-patients. In fact, P.W.1-M.Murugesan was taking treatment in the hospital from 7.10.2007 to 29.10.2007; P.W.2-M.Devi was taking treatment from 7.10.2007 to 8.11.2007 and the minor son was taking treatment from 7.10.2007 to 15.10.2007 respectively. It was also contended that due to the fracture, the minor son was not able to lift the weight and move his hand, as the right shoulder movement was restricted and was not able to write and continue his studies apart from mental shock and agony. Likewise, P.W.1-M.Murugesan, aged about 42 years, being the breadwinner, was neither able to walk, stand, squat, ride vehicle and do any physical work nor lift any weight. Besides his shoulder movement and chest movement got restricted. In addition thereto, due to the ribs fracture, he was not able to breathe properly. Prior to the accident, he was working as a Carpenter and getting Rs.10,000/- per month. However, after the accident, on account of the shoulder and ribs fracture, he was not able to perform his job and his earning capacity was also miserably affected. On account of the accident the entire family is facing financial difficulties. He further contended that P.W.2-M.Devi, aged about 32 years, was a tailor and was earning Rs.7,000/- per month. However, after the accident, she was not able to stand, sit, squat, walk and do any physical work, as he left hip was replaced and plate and screws were introduced. In fact, two operations were performed on her at the Government Hospital, Erode. Thereafter, she was also shifted to K.M.C.Hospital, Coimbatore and admitted as in-patient from 11.11.2007 to 28.11.2007 and five operations were performed there apart from skin grafting and bone grafting. Due to the operations, her hip movements, leg movements got restricted and her left leg got shortened. Besides, she could not fulfill the conjugal obligations and more than Rs.1,50,000/- was spent towards the medical expenses of P.W.2-M.Devi. In fact the appellants are finding it very difficult to maintain the family including the parents.