IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3459 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram. ... Appellant/Respondent vs. Poongavanam. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 22.1.2008 passed in M.C.O.P.No.238 of 2007 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.1), Tindivanam. For appellant : Mrs.B.Vijayalakshmi JUDGMENT The Tamil Nadu Transport Corporation is on appeal challenging the award dated 22.1.2008 passed in M.C.O.P.No.238 of 2007 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.1), Tindivanam. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 25.2.2004. The injured claimant Poongavanam, aged 56 years, a milk vendor by profession, was waiting for the town bus. She was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident, the claimant suffered fracture on the head and hip region. She was treated at Tindivanam Government Hospital, and thereafter at Pondicherry Government Hospital. She claimed compensation in a sum of Rs.2 lakhs stating that she was earning a sum of Rs.2,000/- per month at the time of accident. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Doctor Sekar was examined as P.W.2. Exs.A-1 to A-5 were filed, the details of which are as follows:- Ex.A-1 is the copy of FIR, dated 25.2.2004, Ex.A-2 is the wound certificate, dated 25.2.2004 Ex.A-3 is the discharge summary, Ex.A-4 is the disability certificate dated 24.12.2007 and Ex.A-5 is the X-Ray. The driver of the appellant transport corporation bus was examined as R.W.1. No document was marked on behalf of 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 caused the accident and the liability of the appellant transport corporation to compensate the claimant is not disputed by the counsel for the appellant and the same is confirmed. 5. The Tribunal decided the issue relating to compensation in paragraph 11 of the award in answer to point No.2. According to the findings of the Tribunal, the evidence of the claimant, P.W.1 and the doctor P.W.2, the injured claimant suffered injuries on the head, leg and also fracture on the hip region. She was treated in two hospitals and there is a difficulty in the movement of the hip. According to the doctor the injured claimant suffered disability at 16% as per Ex.A-4 and that is based on medical record Ex.A-5. The Tribunal, however, reduced the disability to 10% stating that the disability will reduce in future. Considering all the aspects, the Tribunal came to the conclusion that the income of the injured will be Rs.2,000/- per month. Based on the nature of injury, age, occupation, disability assessed, the Tribunal granted the following amounts as compensation with interest at 9%:- Sl. No. Head Amount granted by the Tribunal 1 Disability assessed at 16% but reduced by the Tribunal to 10% Rs.10,000/- 2 Loss of income for two months Rs. 4,000/- 3 Transport expenses Rs. 2,000/- 4 Extra nourishment Rs. 2,000/- 5 Pain and suffering Rs.25,000/- Total Rs.43,000/- https://hcservices.ecourts.gov.in/hcservices/ 6. The only contention raised by the appellant's counsel in this appeal is that the quantum of compensation is on the higher side and the interest granted by the Tribunal at 9% is also higher. It should be reduced. 7. This court is not inclined to interfere with the award of the Tribunal by way of reduction for the following reasons:- (i) The accident in this case happened on 25.2.2004. The injured claimant in this case at the time of accident is a 56 years old lady, a milk vendor. She suffered fracture on her hip, head and other injuries all over the body. She was treated in two hospitals. The doctor has stated that there is a difficulty in the movement of the hip and that has been recorded by the Tribunal in detail. The injured claimant is entitled to higher compensation for disability assessed at 16%. (ii) Further, for loss of income, a sum of Rs.4,000/- alone was granted for two months, whereas due to the nature of injury, the claimant would have taken two months rest for recovery. (iii) No amount has been granted for attender charges. The injured claimant has taken treatment in two hospitals, one at Tindivanam and another at Pondicherry and meagre sum of Rs.2,000/- alone was granted for transport expenses. Even for extra nourishment, a sum of Rs.2,000/- alone was granted which is also very meagre. (iv) Considering all these facts, the interest granted at 9% can be justified. (v) The quantum of compensation awarded by the Tribunal, therefore, does not warrant any further reduction as also the interest at 9%. 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is entitled to withdraw the same. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts https://hcservices.ecourts.gov.in/hcservices/ To 1.Additional District and Sessions Judge, Fast Track Court No.1, (The Motor Accidents Claims Tribunal), Tindivanam. 1 cc to Mrs. B. Vijayalakshmi, SR. 63193 C.M.A.No.3459 of 2008 KJI (CO) kk 2/12 https://hcservices.ecourts.gov.in/hcservices/