IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:11.11.2008 CORAM: THE HON'BLE MR.JUSTICE R.SUDHAKAR CMA.NOS.1375 AND 1376 OF 2007 and M.P.NOS.2 AND 2 OF 2007 Tamil Nadu State Transport Corporation Salem Division-2, At Bharathipuram, Dharmarapuri Town rep. by its Managing Director ...Appellant in both CMAs. Vs. 1.Amaravathi ..Respondent in CMA.No.1375/2007 1.Minor Chandrasekar (Minor rep. by his next friend and father Krishnappa) ..Respondent in CMA.No.1376/2007 Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act against the award and decree passed on 26.10.2005 in MCOP.NO.33 AND 35 OF 2002 on the file of the Motor Accidents Claims Tribunal(Sub Court) Hosur. For Appellant : Mr.Jagadeeswaran For Respondent in CMA.No.1375/2007 : Mr.P.Mani For Respondent in CMA.No.1376/2007 : Not ready J U D G M E N T CMA.No.1375 of 2007 has been filed by the Transport Corporation challenging the award dated 26.10.2005 in MCOP.NOs.33 of 2002 on the file of the Motor Accidents Claims Tribunal(Sub Court) Hosur. 2. CMA.No.1376 of 2007 has been filed by the Transport Corporation challenging the award dated 26.10.2005 in MCOP.NOs.35 of 2002 on the file of the Motor Accidents Claims Tribunal(Sub Court) Hosur. https://hcservices.ecourts.gov.in/hcservices/ 3. The accident in both the cases happened on 20.10.2001. Since both the cases arise under the one and the same accident, both the cases were tried and disposed of by the Tribunal together. Hence, both the appeals are taken up together for disposal. 4. The facts in both the case is that the deceased Sasikumar, aged 10 years and other persons. viz., Easwaran and Maramma were grazing cattle on the western side of the road connecting Denknikotta and Kelamanglam near Bidhireddi junction road. At that time one Chandrasekar was coming in his cycle from Kowthalam and proceeding to Denkanaikotta-Kelamangalam Highway Road. The bus belonging to the appellant transport Corporation driven by its driver in a rash and negligent manner hit the cyclist Chandrasekar and also knocked down Sasikumar, Easwaran and Maramma. The said Sasikumar was run over by the bus and he was crushed to death on the spot. Others sustained injuries. 5. The mother of deceased Sasi kumar filed a claim in MCOP.No.33 of 2002 subject matter of CMA.NO.1375 of 2007 claiming compensation in a sum of Rs.2,42,000/-. The injured claimant Minor Chandrasekar filed a claim in MCOP.NO.35 of 2002 subject matter of C.M.A.NO.35 of 2002 claiming compensation in a sum of Rs.5,00,000/-. 6. The mother of the deceased was examined as P.W.1. The injured claimant Chandrasekar and his father were examined as P.W.2 and P.W.3 respectively. Exs.A-1 to A-3 were marked, the details of which are as follows:- Ex.A-1-is the Post-mortem certificate of the deceased Sasikumar dated 27.10.2001. Ex.A2-is the coy of FIR dated 20.10.2002 and Ex.A-3 is the wound certificate issued to Chandrasekar dated 7.11.01 The driver of appellant transport corporation bus was examined as R.W.1. No document was marked on behalf of the appellant, respondent before the Tribunal. 7. The finding of negligence on the part of the driver of the appellant transport corporation bus who is responsible for the accident, death and injury and the liability fixed on the appellant transport corporation to compensate the claimants is not disputed by the counsel for the appellant in both the appeals and the same is confirmed. The only contention raised by the counsel for the appellant in both the appeals is on the quantum of compensation. 8. Insofar as the fatal accident is concerned, subject matter of C.M.A.NO.1375 of 2007, considering the oral and documentary evidence and also relying upon the decision dated 5.4.2004 passed in W.P.NO.334 of 1999 rendered by the Gwalior Bench of Madhya Pradesh https://hcservices.ecourts.gov.in/hcservices/ High Court reported in 2005 ACJ 894, the Tribunal granted a sum of Rs.2,00,000/- as lumpsum compensation to the mother of the deceased with interest at 9%. 9. In so far as CMA.No.1376 of 2007 is concerned, the injured claimant Chandrasekar aged about 16 years suffered fracture of Collar bone and hip. For the said injury, he was treated at Government Hospital, Thenkanikottai. For pain and suffering, loss of earning power, transport expenses and Nourishment, the Tribunal awarded the following amount as compensation with 9%. Sl. No. Heads Amount granted by the Tribunal 1 Pain and suffering Rs. 46,000/- 2 Loss of earning power Rs. 10,000/- 3 Transport and Nourishment Rs. 4,000/- Total Rs. 60,000/- 10. As far as the fatal accident is concerned which is subject matter of CMA.No.1375 of 2007, in view of Apex Court decision in MANJU DEVI AND ANOTHER VS. MUSAFIR PASWAN AND ANOTHER reported in 2005 ACJ 99 = 2005(1)TAC 609(SC) the sum of Rs.2 lakhs granted as compensation by the Tribunal in this case does not require any reduction and the same is confirmed. 11. In CMA.No.1376 of 2007, the injuries sustained as stated above is serious in nature. Though certain amounts were granted on the heads for pain and suffering, loss of earning power, transport and Nourishment, no amount has been granted for attender charges. Considering the young age of the boy, no amount has been granted for future treatment. Therefore,the compensation granted by the Tribunal is just and reasonable and does not require further reduction. No other point was urged on behalf of the appellant. 12. In the result, both the appeals are dismissed. It is stated that as per the order of this Court dated 26.6.2007, 50% of the award amount has been deposited in both the cases. Counsel for the appellant seeks for six weeks' time to deposit the balance award amount and is granted. The claimant in C.M.A.No.1375 of 2007 is permitted to withdraw the entire award amount with interest. The claimant in C.M.A.NO.1376 of 2007 was a minor 16 years old at the time of accident in the year 2001 and would have become major. On attaining majority he is permitted to withdraw the award mount. Till such time, the award amount shall be invested in a nationalised bank proximate to the place of the residence of the claimant. There will be no order as to costs in both the appeals. Consequently, connected https://hcservices.ecourts.gov.in/hcservices/ miscellaneous petitions are closed in both the appeals. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. VJY To Motor Accidents Claims Tribunal(Sub Court) Hosur. + 2 CC to Mr.P.Jagadeeswaran, Advocate SR.NO.62844,62842 + 2 CC to Mr.P.Mani, Advocate SR.NO.62666,62667 CMA.NOS.1375 AND 1376 OF 2007 AND M.P.NOS.2 AND 2 OF 2007 MBS(CO) EM/18.2 https://hcservices.ecourts.gov.in/hcservices/