IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3624 of 2008 and M.P.NO.1 of 2008 M/s Oriental Insurance Co.Ltd., Kancheepuram ... Appellant(2nd Respondent) vs. 1. P.Ravishankar 2. Subramanian ... Respondent(Petitioner and 1st Respondent) Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment made in MCOP.No.244 of 2005 dated 06.08.2007 on the file of the Motor Accident Claims Tribunal- (Subordinate Judge),Madurantakam at Chengleput District. For appellant : Mrs.Shivasankari for Mr.J.Chandran For respondent No.1 : Mr.Rajeswaran for Mr.K.Govi Ganesan ----- JUDGMENT The Oriental Insurance Company is on appeal challenging the award in MCOP.No.244 of 2005 dated 06.08.2007 on the file of the Motor Accident Claims Tribunal-(Subordinate Judge),Madurantakam at Chengleput District. 2. It is a case of injury. The accident in this case happened on 20.07.2005 at about 18.15 hours. The injured claimant Ravishankar aged about 19 years was traveling as pillion rider in a motor cycle from Kayapakkam to Acharapakkam. A pedestrian crossed the road suddenly and the driver of the motor cycle could not control the vehicle. Due to the rash and negligent driving, the injured claimant in this case was thrown out of the vehicle. He suffered grievous injuries. The injured claimant suffered the following injures viz., fracture of the right leg both bone, lacerated injury on the right hand, left hand and injuries to all over body. He was treated at a Private hospital at Maduranthakam and thereafter at M.R.Hospital, Chennai. He was treated as inpatient for 10 days. https://hcservices.ecourts.gov.in/hcservices/ 3. The injured claimant stated that he underwent a course in polytechnic for some time and stopped the same and started working in Adi Parasakthi Engineering Works and he was earning a sum of Rs.2,500/- per month. Due to the accident,he suffered great pain, loss of income, disability and medical expenses. He claimed a sum of Rs.4,21,500/- as compensation. 4. In support of the claim, the claimant was examined as PW1 and the doctor was examined as PW2 and Exs.A1 to A17 were marked. Ex.A1 is the copy of First Information Report, Ex.A2 is the Wound certificate, Ex.A3 is the Report of the Motor Vehicles Inspector Ex.A4 is the copy of the Judgment of the Judicial Magistrate imposing fine on the driver of the vehicle, Ex.A5 is the recommendation of private doctor, Ex.A6 is the discharge summary, EX.A7 is the Discharge summary given by M.R.Hospital, EX.A8 is the recommendation given by M.R.Hospital, EX.A9 are the series of medical bills, EX.A10 is the document showing that the injured claimant was working as part time worker in the Melmaruvathur Engineering Works, EX.A11 is the certificate showing that the injured claimant studied in S.R.Polytechnic, Ex.A12 is the Identity Card of Adi Parasakthi Polytechnic College, Ex.A13 is the driving licence, Ex.A14 is the copy of Insurance Policy, Ex.A15 is the X Ray, Ex.A16 is the disability certificate and Ex.A17 is the X ray .No oral evidence was let in and no documents were marked on behalf of the appellant/respondent before the Tribunal. 5. The Tribunal, based on the disability assessed at 40% under Ex.A16 and also taking into consideration the medical records filed in the form of discharge summary in Exs.A.6,7 and 8 and the medical bills under Ex.A9 granted the following amount as compensation. Sl. No. Head Amount granted by the Tribunal 1 Permanent disability (40%)Injury Rs. 40,000/- 2 Medical bills and loss of income Rs. 65,000/- 3 Pain and suffering Rs. 40,000- Total Rs. 1,45,000/- The Tribunal granted compensation at Rs.1,45,000/- with 7.5% interest. 6.The finding of negligence on the part of the driver of the two wheeler who caused the accident, the liability fixed on the appellant Insurance company to compensate the claimant is not disputed by the appellant and the same is confirmed. https://hcservices.ecourts.gov.in/hcservices/ 7.The only contention raised is on the quantum of compensation. 8.According to the learned counsel for the appellant, a sum of Rs.40,000/- granted for pain and suffering is on the higher side and that has to be reduced. 9. Learned counsel for the claimant stated that no amount has been granted for extra nourishment, transport and loss of income during the period of treatment, attender charges etc. Therefore, even if a sum of Rs.40,000/- granted for pain and suffering is marginally high, the same can be adjusted on the other heads and therefore the quantum of compensation need not be reduced. 10.This Court accepts the contention of the learned counsel for the claimant/respondent. The Tribunal in this case did not granted any amount for extra nourishment, transport expenses, loss of income during the period of treatment, attender charges which are normally granted in the case of injury. The sum of Rs.40,000/- granted towards pain and suffering, though found to be marginally higher, can be reduced to Rs.20,000/- and the balance amount can be adjusted on the other heads as stated above. Therefore, the compensation granted by the Tribunal in a sum of Rs.1,45,000/- does not require any further reduction, as also the interest at 7.5%, as the accident in this case happened in the year 2005 and the award passed in 2007. 11. In the result, the Civil Miscellaneous Appeal is dismissed. There will be no order as to cost. The counsel for the appellant seeks for eight weeks time to deposit the award amount as per the order of the Tribunal and the same is allowed and on such deposit, the claimant will be entitled to withdraw the amount. Connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To Motor Accident Claims Tribunal-(Subordinate Judge) Madurantakam at Chengleput District. 1 cc To Mr.J.Chandran, Advocate, SR.65469 C.M.A.No.3624 of 2008 KM(CO) SRA(05/02/2009) https://hcservices.ecourts.gov.in/hcservices/