IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 6.1.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.4209 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamilnadu State Transport Corporation Limited, Division-I, Ramakrishna Road,Salem-7. ... Appellant/Respondent vs. Baskaran ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 30.4.2007 passed in M.C.O.P.No.459 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Dharmapuri. For appellant : Mr.V.Ramesh JUDGMENT The Tamilnadu State Transport Corporation is on appeal challenging the award dated 30.4.2007 passed in M.C.O.P.No.459 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Dharmapuri. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 6.3.2005. The injured claimant Baskaran, aged 30 years, an E.B. Contract Labourer and also running a Chicken Centre Stall in Mettur, was travelling as a passenger in the appellant transport corporation bus along with family members. Due to rash and negligent driving, by the driver of the bus, the said bus hit a road side rock. In that accident many of the passengers suffered injuries. The claimant in the present case suffered injuries on the face, right knee and other injuries all over the body. He was treated at Government Head Quarters Hospital, Mettur. Thereafter, he was referred to Salem Government Hospital and was treated as inpatient. Thereafter, he was treated in a private Dental Hospital at Mettur. He filed a claim for compensation in a sum of Rs.2,00,000/- for the injury suffered in the accident stating that he was earning a sum of Rs.5,000/- per month in the above business. https://hcservices.ecourts.gov.in/hcservices/ 3. The Tribunal tried this case along with M.C.O.P.No.1 of 2006 filed by the co-passenger. In support of the claim, the injured claimant was examined as P.W.1. Dr.Gobi, was examined as P.W.3. Exs.A-1 to A-11 were marked. The relevant documents related to this case are as follows:- Ex.A-1 is the copy of FIR, dated 7.3.2005, Ex.A-2 is the translated copy of FIR dated 7.3.2005, Ex.A-3 is the wound certificate of the claimant, Ex.A-4 is the copy of order in M.C.O.P.No.335 of 2005, Ex.A-5 is the bus ticket, Ex.A-8 is the disability certificate and Ex.A-9 is the X-Ray No oral or documentary evidence was let on behalf of the appellant transport corporation, the respondent before the Tribunal. 4. The finding of negligence on the part of the driver of the appellant transport corporation bus, who is held responsible for the accident and the injury caused to the claimant, and the liability fixed on the appellant transport corporation to compensate the injured claimant is not seriously disputed by the appellant's counsel and the same is confirmed. The only contention raised by the learned counsel for the appellant is on the quantum of compensation. 5. The doctor assessed the disability at 25% under Ex.A-8. The Tribunal considering the age, occupation, nature of injury, period of treatment and the disability assessed, granted the following amounts as compensation with interest at 7.5% per annum:- Sl.No. Head Amount granted by the Tribunal 1 Transport expenses Rs. 1,000/- 2 Extra nourishment Rs. 2,000/- 3 Loss of amenities Rs.20,000/- 4 Pain and sufferings Rs.15,000/- 5 Disability assessed at 25% Rs.25,000/- Total Rs.63,000/- 6. In appeal, the only plea urged by the learned counsel for the appellant is that the amount granted towards loss of amenities is not https://hcservices.ecourts.gov.in/hcservices/ justified and therefore, the quantum of of compensation has to be reduced. 7. On going through the award of the Tribunal, this Court is not inclined to interfere with the quantum of compensation on the above said contention for the following reasons:- (i) In the accident which happened on 6.3.2005, in which the 30 years old E.B. Contract labourer-cum-Chicken Centre Stall owner at Mettur suffered grievous injuries on the face, right knee and other injuries all over the body. He was treated in more than two hospitals consequent to the injury suffered. (ii) No amount was granted for loss of income during the period of treatment and towards attender charges. Meagre amount was granted for transport and extra nourishment expenses. (iii) Considering all these aspects, the sum of Rs.20,000/- granted under the head loss of amenities can be adjusted towards loss of income during the period of treatment, attender charges and also to compensate for lesser amount granted towards extra nourishment. Hence, the total compensation does not require any further reduction as also the interest granted at 7.5% as the accident in this case happened in the year 2005 and the award was passed in the year 2007. 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is permitted to withdraw the same. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To The Additional District Judge, (The Motor Accidents Claims Tribunal) Dharmapuri. + 1 CC to Mr.V.Ramesh,Advocate,SR.NO.861 C.M.A.No.4209 of 2008 MRD(CO) EM/4.2.09 https://hcservices.ecourts.gov.in/hcservices/