DIRECTOR OF SERICULTURE Vs. RAJA

JUDGEMENT

(1.) BOTH the Civil Miscellaneous Appeals have been preferred against the Common Judgment and Decree, dated 20.07.2006 made in M.C.O.P.Nos.224 of 2004 and 223 of 2004 respectively on the file of the Motor Accident Claims Tribunal / Additional District Court, Dharmapuri.

(2.) AS per the case of the respondents / claimants, on 27.06.2003, when the claimants were riding in the motor cycle, bearing Registration No.TS 23 N 3516 to Thalavaialli village from Ommalur on the Salem-Dharmapuri main road, a van bearing Registration No.TN 29 G 0164 belongs to the appellant was driven in a rash and negligent manner and caused the accident, due to which, the respondents herein sustained various bodily injuries and also permanent disability, due to the fracture sustained by them. The respondents / claimants in both the Civil Miscellaneous Appeal were admitted in the Government Hospital and then in a private hospital. In support of their contentions, the respondents 1 and 2 were examined as P.W.1 and P.W.2, apart from examining the doctors, who issued disability certificate, after examining the respondents / claimants as P.W.3 and P.W.4. In support of the contention of the respondents / claimants, Exs.A.1 to A.17 were marked. Ex.A.1 is the copy of the FIR registered by the police, after the motor accident. After the motor accident, Motor Vehicles Inspector inspected the vehicle and filed his report, Ex.A.3. The Driving License relating to P. Raja, respondent in C.M.A.No.2806 of 2007 has been marked as Ex.P.5. It is seen that the respondents / claimants have also produced copy of the wound certificates, documents relating to medical expenses and the treatment taken for the fracture sustained by them.

(3.) THE respondent / claimant in C.M.A.No.287 of 2007, Chinnapaiyan, aged about 27 years, on the date of accident was an agricultural worker, apart from doing milk vending business and was earning Rs.3,000/- per month. As per the finding of the Tribunal, due to the motor accident, the said respondent / claimant lost his teeth in his lower jaw, after the respondent / claimant had taken treatment in Government Hospital, Dharmapuri, subsequently was given treatment by the Doctors, P.W.3 and P.W.4. He filed M.C.O.P, seeking a total compensation of Rs.2,00,000/-. THE X-Ray taken to find out the fracture of the respondent / claimant was marked as Ex.P.14. He was admitted in the Venkateswara Hospital, Dharmapuri, as inpatient for two days, for which, Ex.P.7 has been produced. He spent Rs.8,854/- and got treatment on 29.07.2003 from one Dr. Senthilnathan and as per the Disability Certificate, Ex.P.13 issued by Dr. Thiruvengadam, who was examined as P.W.3, the respondent Chinnapaiyan sustained permanent disability at 35%. Considering the same, the Tribunal has awarded Rs.2,000/- towards transport charges, for Nutritious Food, Rs.3,000/-, towards medical expenses, Rs.8,855/-, for pain and suffering, Rs.20,000/-, for 35% permanent disability, Rs.35,000/- and for loss of happiness and amenities, Rs.20,000/- and thus totally a sum of Rs.88,855 has been awarded. In this case also, the Tribunal has awarded for pain and suffering, Rs.20,000/- and for loss of happiness and amenities, Rs.20,000/-. On both heads, the Tribunal cannot award compensation. Though the Tribunal has not awarded compensation in the appropriate heads, as per the Motor Vehicles Act, it is seen that the Tribunal has awarded only a just and reasonable compensation of Rs.88,855/- and therefore, the compensation awarded by the Tribunal cannot be construed as exorbitant or on the higher side.