IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.3.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.709 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram. ... Appellant/Respondent vs. Chinnakulanthai. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 3.7.2008 passed in M.C.O.P.No.49 of 2005 on the file of the Motor Accidents Claims Tribunal, Cheyyar. For appellant : Mrs.B.Vijayalakshmi ----- JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 3.7.2008 passed in M.C.O.P.No.49 of 2005 on the file of the Motor Accidents Claims Tribunal, Cheyyar. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 31.7.2004 at 9.30 a.m. The injured claimant Chinnakulanthai, a teacher, aged 39 years was travelling in the appellant transport corporation bus, which capsized into a lake. In that accident, the said Chinnakulanthai suffered grievous injuries to his head, fracture of left wrist and injuries to the other parts of the body. He was treated at Ramachandra Hospital from 31.7.2004 to 2.8.2004. He filed a claim for compensation in a sum of Rs.4,00,000/- for the injury suffered in the accident. 3. In support of the claim, the injured claimant was examined as P.W.1 and Dr.Kannan Issac as P.W.2. Exs.A-1 to A-11 were marked, the details of which are as follows:- https://hcservices.ecourts.gov.in/hcservices/ Ex.A-1 is the photocopy of FIR, Ex.A-2 is the certified copy of Motor Vehicle Inspector's Inspection Report, Ex.A-3 is the accident registrar extract, Ex.A-4 is the copy of charge sheet, Ex.A-5 is the discharge summary given in Ramachandra Hospital Ex.A-6 series are two receipts for taking treatment in Nagari Puthur Ex.A-7 series are eleven medical receipts, Ex.A-8 series are three medical bills for Rs.6,734/-, Ex.A-9 series are seven taxi receipts for Rs.7,900/-, Ex.A-10 is the disability certificate and Ex.A-11 is the X-Ray. Mr.Elavarasan, the driver of the appellant transport corporation was examined as R.W.1. No document was marked on behalf of the appellant transport corporation, the respondent before the Tribunal. 4. As far as the finding of negligence is concerned, it is fairly stated by the learned counsel for the appellant that the bus capsized into the lake. According to the Tribunal, it was due to rash and negligent driving by the driver of the appellant transport corporation bus. Therefore, the finding of negligence on the part of the driver of the appellant transport corporation bus and the liability fixed on the appellant transport corporation to compensate the claimant stands confirmed. 5. As far as the compensation is concerned, considering the age, occupation, injury, period of hospitalization and percentage of disability, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.N o. Heads Amount granted by the Tribunal 1 Head injury Rs.20,000/- 2 Hand injury Rs.10,000/- 3 Pain and suffering Rs. 5,000/- 4 Transport expenses Rs. 3,000/- https://hcservices.ecourts.gov.in/hcservices/ Sl.N o. Heads Amount granted by the Tribunal 5 Medical expenses Rs. 6,734/- 6 Disability assessed at 46% Rs.46,000/- Total Rs.90,734/- 6. In appeal, learned counsel for the appellant contended that having granted a sum of Rs.46,000/- for 46% disability, the Tribunal is not justified in granting compensation for head injury and hand injury separately. Therefore, the 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) The accident in this case happened on 31.7.2004. The injured claimant is a teacher. (ii) The injured claimant was in hospital for some period of time and he suffered head injury and hand injury, which are serious in nature. (iii) No amount was granted towards attender charges and extra nourishment expenses. Further, meagre amount of Rs.5,000/- was granted for pain and suffering. Hence the amounts granted for head injury and hand injury can be adjusted on various heads as stated above. (iv) Considering all the above aspects and also the nature of grievous injuries suffered and the period of hospitalization, the total compensation in a sum of Rs.90,734/- does not require any further reduction as also the interest granted at 7.5% as the accident in this case happened in the year 2004 and the award is of the year 2008. 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. https://hcservices.ecourts.gov.in/hcservices/ ts To The Motor Accidents Claims Tribunal, Cheyyar. + 1 CC To Mrs.B.Vijayalakshmi, Advocate SR NO.10583 Judgment in C.M.A.No.709 of 2009 KA {CO} TP/20.4.2009. https://hcservices.ecourts.gov.in/hcservices/