Tamil Nadu

North Chennai

CC/71/2016

P.Sankar Narayanan - Complainant(s)

Versus

Tippu Sultan Travels - Opp.Party(s)

P.Nethaji

27 Feb 2017

ORDER

 

 

                                                                  Complaint presented on:  02.05.2016

                                                                      Order pronounced on: 27.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 27^th DAY OF FEBRUARY 2017

 

C.C.NO.71/2016

 

 

 

P.Sankar Narayanan,

S/o. Ponnusamy,

Having Office at

M/s. Chennai Electrical Engineering Works,

Plot No.3, Muthu Estate, Ellammanpet,

(Near Womens Sidco Industrial Estate, Kattur),

Avadi – Redhills Road,

Chennai – 600 052.

 

 

                                                                                ..... Complainant

 

..Vs..

	M/s. Tippu Sultan Travels, Rep.by its Manager, No.19, Omni Bus Terminus, Koyambedu, Chennai – 600 092.
	.....Opposite Party

Date of complaint                                  : 18.05.2016

Counsel for Complainant                      : M/s. P.Nethaji, V.T.Srinivasan

Counsel for opposite party                       : Ex - parte

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This Complaint is filed to direct the Opposite Party to pay a sum of Rs.1,80,000/- towards medical expenses and also compensation for injury and mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased a ticket through Seat Seller.com to travel from Chennai to Nagarcoil on 28.06.2014 through the Opposite Party bus and seat No.U5  was allotted to him confirming his seat. The Complainant travelled on that day night and while the Opposite Party bus reached near Nanguneri, Tirunelveli District on 29.06.2014, the driver drove the vehicle in a negligent manner, the bus quaked in speed breaker and the Complainant got injured internally and he was not able to tolerate the pain and sudden shock. However the Complainant continued his travel to Nagarcoil with pain and the co-passengers and the driver of the Opposite Party left the Complainant in a Sabari Bone and Joint Hospital and he was admitted as an inpatient and discharged on 01.07.2014 at the request of the Complainant.

          2. Then the Complainant returned through a train due to severe pain to Chennai and admitted at Miot Hospital on 02.07.2014. He undergone a surgery on 04.07.2014 for the D12 Osteoporotic Compression Fracture and he was inpatient for 6 days and discharged on 08.07.2014. The Complainant incurred a medical and hospital expenses for a sum of Rs.1,80,000/- . The Opposite Party driver   negligently drove the bus and caused injury to the Complainant and failed to take care of the Complainant suffered with mental agony. The Complainant issued legal notice dated 19.08.2014. There has no reply from the Opposite Party and hence he has filed this Complaint to pay the cost of the medical expenses and also compensation for injury, mental agony and with cost of the Complaint.  

          3. Though the Opposite Party received notice he did not appear on 21.07.2016 and hence the Opposite Party was called absent and set Ex-parte.

          4. The Complainant had come with his proof affidavit and documents Ex.A1 to Ex.A7 were marked on the side of the Complainant.

          5. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

6. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

7. POINT NO :1

          The Complainant purchased a ticket through Seat Seller.com to travel from Chennai to Nagarcoil on 28.06.2014 through the Opposite Party bus and seat No.U5 was allotted to him confirming his seat.

8. The Complainant  travelled on that night through Ex.A1 ticket  and while the Opposite Party bus approaching near Nanguneri, Tirunelveli District on 29.06.2014, the driver of the bus drove the bus negligently and the bus got quaked in a speed breaker and thereby the Complainant sustained injury and he was unable to tolerate the pain and after reaching  Nagarcoil, the co-passengers and driver left him in the  Sabari Bone and Joint Hospital and he was admitted as inpatient  and at his request he was discharged on 01.07.2014 . Ex.A2 scan report issued at the above said hospital Ex.A7 is the certificate issued by the Sabari Hospital that the Complainant took treatment in their hospital and discharged on 01.07.2014.

9. After arriving Chennai, the Complainant on 02.07.2014, he was admitted himself at Miot Hospital for further treatment. The doctors at Miot Hospital said that he was suffering from D12 Osteoporotic Compression Fracture and hence  he undergone a Ballon Kyphoplasty D12 surgery on 04.07.2014 and he was discharged on 08.07.2014. Ex.A3 discharge summary dated 08.07.2014 proves that the Complainant underwent treatment at the Miot Hospital. 

10. The Complainant sustained injury during travel in the Opposite Party bus while the driver of the bus negligently drove the vehicle. Even though, the driver of the Opposite Party left the Complainant in a hospital, he did not take any care     or arranged anything on behalf of the Opposite Party, even though the Complainant injured due to the negligent driving of the Opposite Party. There is no contra evidence on behalf of the Opposite Party for the case of the Complainant and hence the Complainant proved that due to negligent act of the Opposite Party he sustained injury and hence the Opposite Party committed deficiency in service.

11. POINT NO:2

          The Complainant claimed a sum of Rs.1,80,000/- towards incurring medical expenses. Ex.A4 is the proof issued by the Miot Hospital for incurring Medical Expenses of Rs.1,80,304/-. Therefore, as claimed by the Complainant, he is entitled for a sum of Rs.1,80,000/- from the Opposite Party towards medical expenses incurred by him. The Complainant claimed compensation for physical injury and financial loss and also for mental agony. There is no evidence that the Complainant suffered with financial loss and in that respect he is not  entitled for any compensation.  The Complainant sustained injury and due to that injury suffered with mental agony is accepted and for the same it would be appropriate to order a sum of Rs.10,000/- towards compensation and also to pay a sum of Rs.5,000/- towards litigation expenses by the Opposite Party to the Complainant.   

          In the result the Complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.1,80,000 /- (Rupees one lakh and eighty thousand   only) towards the medical expenses to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees ten  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.06.2014                   Bus ticket

Ex.A2 dated NIL                     Details of treatment taken in Sabari Bone and Joint

                                                    Hospital

 

Ex.A3 dated 08.07.2014                   Discharge Summary of Miot Hospital

Ex.A4 dated 08.07.2014                   Medical Bills

Ex.A5 dated 19.08.2014                   Legal Notice

Ex.A6 dated 21.08.2014                   Acknowledgement card

Ex.A7 dated 24.04.2016                   Treatment Certificate issued by Sabari Bone Joint

                                                   Hospital  

 

 

MEMBER – II                                                               PRESIDENT