IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3326 of 2008 and M.P.No.1 of 2008 Tamilnadu State Transport Corporation Ltd., Coimbatore Division-I, represented by its Managing Director, 37, Mettupalayam Road, Coimbatore. ... Appellant/2nd Respondent vs. 1.K.P.Mohan, 2.N.Chinnasamy. ... Respondents/Petitioner and 1st respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 29.12.2005 passed in M.C.O.P.No.60 of 2004 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Coimbatore. For appellant : Mr.V.Ramesh ----- JUDGMENT The Tamil Nadu Transport Corporation is on appeal challenging the award dated 29.12.2005 passed in M.C.O.P.No.60 of 2004 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Coimbatore. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 5.8.2003. The injured claimant K.P.Mohan, aged 42 years, a vegetable vendor by business, was travelling on a two wheeler. The two wheeler was hit by the appellant transport corporation bus. As a result of which, the claimant was thrown out of the vehicle. The front https://hcservices.ecourts.gov.in/hcservices/ wheel of the bus ran over the right leg. In that accident he sustained fracture in the right leg and other injuries all over the body. He was admitted in Government Medical College Hospital, Coimbatore and given first aid i.e., on 5.8.2003. Thereafter, he was shifted to Sri Ramakrishna Hospital, Coimbatore on 6.8.2003. He was treated for fracture of right leg tibia and other injuries all over body. He claimed a sum of Rs.4 lakhs as compensation. 3. In support of the claim, the injured claimant was examined as P.W.1. One Krishnan was examined as P.W.2. One Rajendran was examined as P.W.3. Doctor Senthilkumar was examined as P.W.4. Exs.A-1 to A-16 were filed, the details of which are as follows:- Ex.A-1 is the copy of FIR dated 6.8.2003, Ex.A-2 is the charge-sheet dated 24.9.2003, Ex.A-3 is the Motor Vehicle Inspector's Inspection Report dated 6.8.2003, Ex.A-4 is the copy of rough sketch, Ex.A-5 is the wound certificate dated 15.9.2003, Ex.A-6 is the discharge summary, Ex.A-7 is the accident register extract dated 6.8.2003, Ex.A-8 is the medical bills, Ex.A-9 is the copy of driving licence, Ex.A-10 is the copy of Registration Certificate, Ex.A-11 is the copy of Route Permit, Ex.A-12 is the visiting card, Ex.A-13 is the identity card, Ex.A-14 is the membership certificate, Ex.A-15 is the X-Ray and Ex.A-16 is the disability certificate dated 16.11.2005. The driver of the appellant transport corporation bus was examined as R.W.1. Ex.R-1 copy of criminal court judgment dated 8.4.2004 was marked on behalf of appellant transport corporation. 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 in dispute in this appeal and the same is confirmed. 5. The only contention raised by the appellant's counsel in this appeal is on the quantum of compensation. 6. The Tribunal decided the issue relating to compensation from paragraph 8 onwards in answer to point No.2. The doctor, who was examined as P.W.4 stated that there was fracture of the right leg tibia and other injuries all over the https://hcservices.ecourts.gov.in/hcservices/ body. The disability was assessed at 10% as per document Ex.A-16. The nature of treatment undergone by the injured claimant was supported by Exs.A-5 to A-8. Taking into consideration the statement of the doctor that the fracture has healed, the Tribunal came to the conclusion that 10% disability cannot be taken into consideration for the purpose of compensation. However, considering the nature of injury suffered, period of treatment taken, the age, occupation, etc., the Tribunal awarded the following amounts as compensation with interest at 7.5%:- Sl. No. Head Amount granted by the Tribunal 1 Pain and suffering Rs. 40,000/- 2 Mental agony Rs. 5,000/- 3 Loss of income for 25 days (Rs.150/- x 25 = Rs.3,750/-) Rs. 3,750/- 4 Transport to hospital expenses Rs. 500/- 5 Extra nourishment Rs. 500/- 6 Medical expenses *Rs.29,190/- Total *Rs.78,940/-) * 7. Learned counsel for the appellant pleaded that since the disability is not accepted by the Tribunal, the sum of Rs.40,000/- granted for pain and suffering is excess and has to be reduced. 8. This court is not inclined to interfere with the award of the Tribunal by way of reduction for the following reasons:- (i) The accident was happened on 5.8.2003. The injured claimant in this case is 42 years old vegetable vendor at the time of accident. He suffered fracture of the right leg tibia and was treated in two hospitals as inpatient for nearly 25 days. He would need some more time to recover fully before pursuing his occupation as vegetable vendor. (ii) Considering the nature of medical procedure done as stated by the doctor and the period of hospitalization, the sum of Rs.40,000/- granted for pain and suffering can be justified. (iii) Further, meagre amount has been granted for loss of income during the period of treatment and convalescence. A paltry sum has been granted for transport and extra nourishment. No amount has been granted for attender charges. https://hcservices.ecourts.gov.in/hcservices/ (iv) Considering all these aspects, this Court is unable to find any good reason to reduce the quantum of compensation as also the interest granted at 7.5% as the accident in this case happened in the year 2003 and the award was passed in the year 2005. 9. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks six weeks' time to deposit the award amount and is granted and on such deposit, the claimant is entitled to withdraw the same. * No costs. Consequently, connected miscellaneous petition is closed. *Deleted as per order of this Court dated 17.12.2008 and made herein. Sd/ Asst.Registrar 2.2.2009 /true copy/ Sub Asst.Registrar To The Motor Accidents Claims Tribunal (Principal Subordinate Judge), Coimbatore. + 1 cc to Mr. V. Ramesh, Advocate SR No.61171 VM(CO) SR/3.2.2009 Judgment in C.M.A.No.3326 of 2008 https://hcservices.ecourts.gov.in/hcservices/