IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.3.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.450 of 2009 and M.P.No.1 of 2009 ....... The Managing Director, Tamil Nadu State Transport Corporation, Division II, Kancheepuram. ... Appellant/Respondent vs. E. Palani ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 27.4.2007 passed in M.C.O.P.No.21 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tiruvallur. For appellant : Mr. V. Ramesh ----- JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 27.4.2007 passed in M.C.O.P.No.21 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tiruvallur. 2. It is a case of injury. The accident in this case happened on 3.9.2004. The injured claimant Palani, aged 39 years, Tailor by occupation, was riding a cycle on Tiruttani to Tiruvallur road when the appellant transport corporation bus coming on the same road hit the cyclist, as a result of which, he suffered grievous multiple injuries. He claimed a sum of Rs.1,00,000/- as compensation stating that his income was Rs.150/- per day. 3. In support of the claim, the injured claimant was https://hcservices.ecourts.gov.in/hcservices/ examined as P.W.1. Documents Exs.A1 to A4 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the copy of the Motor Vehicles Inspection Report. Ex.A3 is the medical leave certificate. Ex.A4 is the wound certificate. No oral and documentary evidence was let in on behalf of the appellant/ respondent before the Tribunal. 4. 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 is not disputed. As such, the same is confirmed. 5. The Tribunal in this case, based on the nature of the accident resulting in grievous injuries to the thigh and hip region which would affect his earning capacity as a tailor and also taking into consideration the loss of income during the period treatment, the pain and suffering undergone and the expenses incurred for extra nourishment, transport expenses and attender charges, granted a sum of Rs.35,000/- with interest at the rate of 9% p.a. as against the claim of Rs.1,00,000/-. 6. In appeal, the quantum of compensation is challenged on the ground that it is excessive and the same has to be reduced. 7. The nature of the accident and the injuries, period of hospitalisation, occupation of the injured claimant, the difficulty that will arise due to the injuries caused to the self-employed tailor, and also considering the pain and suffering undergone , the expenses incurred for extra nourishment, transport expenses and attender charges, the Tribunal, granted a sum of Rs.35,000/- as one component. There is no one head that can be denied as in applicable. If adequate sum is granted on each head, the total is just and reasonable. 8. While considering all these aspects as stated above, this Court is unable to find any good reason to reduce the quantum of compensation any further. The interest granted at 9% p.a. is justified since the accident happened in the year 2005 and the award was passed in the year 2007 and the quantum is marginally less. 9. Finding no merits, the civil miscellaneous appeal is dismissed at the admission stage. No costs. Consequently, M.P.No. 1 of 2009 is also dismissed. https://hcservices.ecourts.gov.in/hcservices/ Learned counsel for the appellant seeks eight weeks time to deposit the balance award amount and the same is allowed. On such deposit, the claimant is permitted to withdraw the amount as per the order of the Tribunal. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To The Motor Accidents Claims Tribunal, (Sub Court), Tiruvallur. +1cc to Mr.V.Ramesh, Advocate Sr 7395 PA(CO) km/16.3. CMA No. 450 of 2009 https://hcservices.ecourts.gov.in/hcservices/