IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 3716 of 2006 and M.P.No. 1 of 2006 The Managing Director, Metropolitan Transport Corporation, Pallavan House, Pallavan Salai, Chennai.2. ..Appellant/Respondent Vs. Sathiya @ Sathya Narayana ..Respondents/petitioner Appeal filed under Section 173 of M.V. Act against the award and decree dated 05.4.2006 made in MCOP No. 368 of 2005 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge - Fast Track Court No.IV) Poonamallee. For Appellant : Mr. M. Krishnamoorthy For Respondents : Mr.L. Robert Kennedy Ramesh JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 05.4.2006 made in MCOP No. 368 of 2005 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge - Fast Track Court No.IV) Poonamallee. 2. It is a case of injury. The accident in this case happened on 18.6.2005. The claimant Sathya @ Sathya Narayana was travelling in a lorry as a coolie. The said lorry was hit by the appellant transport corporation bus and in that accident, the claimant suffered grievous injuries to the head and other parts of the body. The injured claimant was 19 years old and he claimed a sum of Rs.2,03,000/- as compensation. 3. In support of the claim petition, the claimant was examined as P.W.1. Dr.Saichandran was examined as P.W.2. Documents Exs. A1 to A5 were marked. Ex.A1 is the xerox copy of the F.I.R. https://hcservices.ecourts.gov.in/hcservices/ Ex.A2 is the discharge summary. Exs.A3 and A4 are the medical bills. Ex.A5 is the disability certificate. On behalf of the appellant/ respondent before the Tribunal, conductor of the bus was examined as R.W.1. No document was filed 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 and the liability to compensate the claimant fixed on the appellant transport corporation is not seriously disputed in appeal and the same is confirmed. 5. As far as the quantum of compensation is concerned, the Tribunal taking note of the period of treatment as inpatient from 18.6.2005 and 26.6.2005 and the disability assessed at 30%, granted the following amount as compensation with interest at 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Disability at 30% Rs. 25,000/- 2 Pain and suffering Rs. 25,000/- 3 Medical expenses Rs. 15,000/- 4 Loss of income during tretment Rs. 10,000/- Total Rs. 75,000/- 6. Learned counsel for the appellant pleaded that the compensation granted for pain and suffering in the case of injury is on the higher side. 7. This Court is not inclined to interfere with the quantum of compensation for the following reasons. The injured claimant is 19 years and a coolie. The accident in this case happened in the year 2005. The claimant suffered injury to the head and other parts of the body and the disability is assessed at 30%. Though it is pleaded by the learned counsel for the appellant that the amount of Rs.25,000/- granted for pain and suffering is on the higher side, the fact that the Tribunal has not granted any compensation for extra nourishment, attender charges and transport expenses which is the relevant factor to be considered in this case, the claimant is entitled to suitable compensation on the above said heads. Excess amount if any, granted towards pain and suffering, that can be adjusted on the various heads for which no compensation has been granted by the Tribunal. Hence, the total compensation granted by the Tribunal does not require any modification or reduction as also the interest at 7.5% p.a. granted by the Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 8. Finding no merits, the civil miscellaneous appeal is dismissed. No costs. Consequently, M.P.No.1 of 2006 is also dismissed. 9. 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 entitled to withdraw the amount as per the order of the Tribunal. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1. The Motor Accident Claims Tribunal, (Additional District and Sessions Judge - Fast Track Court No.IV) Poonamallee. 2. The Record Keeper, V.R. Section, High Court, Madras. + 1 c.c. to Mr. V.K. Rajagopalan, Advocate. S.R.No.70766. + 1 c.c. to Mr. M. Krishnamoorthy, Advocate. S.R.No.70769. CMA No. 3716 of 2006 GV (CO) GSK 20.01.2009. https://hcservices.ecourts.gov.in/hcservices/