MANAGING DIRECTOR Vs. MURUGAN

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed by the Transport Corporation against the Judgment and Award dated 02.11.1999 made in MCOP Nos.17 of 1999 and 87 of 1998 on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Tiruvannamalai.

(2.) THE background facts in a nutshell are as follows:- On 02.12.1996 at about 5.30 a.m., an auto-rickshaw vehicle bearing Registration No.TN-04-A-0716 belonging to one Krishnamoorthy was proceeding from east to west. THE auto-rickshaw was driven by one Murugan. In that auto, one Thandapani was the passenger. THE said auto-rickshaw was also insured with the Insurance Company. THE driver of the auto-rickshaw while proceeding from east to west, a bus bearing Registration No.TN-32-0557 belonging to the appellant Transport Corporation, driven by its driver in a rash and negligent manner, dashed against the said auto-rickshaw. Due to the accident, both the passenger Thandapani as well as the auto-driver Murugan have sustained injuries all over the body. THEy have also sustained fractures. Immediately they were rushed to the Tiruvannamalai Government Hospital. Both of them have taken treatment in the hospital. THEy claimed a compensation of Rs.1,00,000/- each before the Tribunal. On the side of the claimants, P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P10 were marked. On the side of the Transport Corporation, R.W.1 was examined and no documents were marked. After considering the oral and documentary evidence, the Tribunal awarded a compensation of Rs.52,100/- for the auto-driver Murugan, the first respondent in CMA No.708 of 2000 and Rs.40,200/- for the passenger Thandapani, the first respondent in CMA No.709 of 2000. Aggrieved by the awards, the Transport Corporation has filed the present appeals.

(3.) HEARD the counsel. On the side of the claimants, P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P10 were marked. On the side of the Transport Corporation, R.W.1 was examined and no documents were marked. P.W.1 is the passenger of the auto-rickshaw. P.W.2 is the driver of the auto-rickshaw. P.W.3 is the Doctor Tmt.Ravindran. Ex.P1 is the certified copy of F.I.R. Ex.P2 is the certified copy of wound certificate. Ex.P3 is the certified copy of Motor Vehicle Inspector's Report. Ex.P4 is the certified copy of the charge sheet. Ex.P5 is the Driving Licence. Ex.P6 is the certified copy of wound certificate. Ex.P7 and Ex.P9 are the permanent disability certificates. Ex.P8 and Ex.P10 are the X-rays. After considering the materials and evidence on record, the Tribunal awarded a compensation of Rs.52,100/- for the auto-driver Murugan, the first respondent in CMA No.708 of 2000 and Rs.40,200/- for the passenger Thandapani, the first respondent in CMA No.709 of 2000, with 12% interest p.a. from the date of petition. The details of the compensation are as under:- CMA No.708 of 2000 (MCOP No.17 of 1999): Rupees Pain and suffering 5,000/- Permanent disability 15,000/- Loss of earning power 30,600/- Medical expenses 1,500/- -------------- 52,100/- ============== CMA No.709 of 2000 (MCOP No.87 of 1998): Rupees Pain and suffering 5,000/- Permanent disability 15,000/- Loss of earning power 19,200/- Medical expenses 1,000/- -------------- 40,200/- ==============