IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.3.2009 Coram THE HON'BLE MR. JUSTICE R.SUDHAKAR Civil Miscellaneous Appeal No.534 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division-II, Rangapuram, Vellore. ... Appellant/Respondent vs. M.Palani ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 21.7.2008 passed in M.C.O.P.No.260 of 2004 on the file of the Motor Accidents Claims Tribunal (Sub Court), Cheyyar. For Appellant : Mrs.B.Vijayalakshmi JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 21.7.2008 passed in M.C.O.P.No.260 of 2004 on the file of the Motor Accidents Claims Tribunal (Sub Court), Cheyyar. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 22.5.2004. The injured claimant M.Palani, aged 35 years, a mechanic, was travelling as a passenger in the bus belonging to the appellant transport corporation. Due to rash and negligent driving of the bus by its driver, the bus capsized. In that accident, the said Palani suffered injuries all over the body. He was treated at the Government Hospital, Vellore. He filed a claim for compensation in a sum of Rs.5,00,000/- for the injury suffered in the accident. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Shanmuga Sundaram, was examined as P.W.2. Exs.A-1 to A-6 were marked, the details of which are as follows:- Ex.A-1 is the copy of FIR, Ex.A-2 is the copy of accident register, Ex.A-3 is the X-Ray report, Ex.A-4 is the certificate for treatment given in the Vellore Government Hospital, Ex.A-5 is the disability certificate and Ex.A-6 is the X-Ray. On behalf of the appellant transport corporation, the respondent before the Tribunal, No oral or documentary evidence was let in. 4. The finding of negligence on the part of the driver of the appellant transport corporation bus, who is responsible for the accident and the injury and the liability fixed on the appellant transport corporation, is not seriously disputed by the counsel for the appellant in appeal and the same is confirmed. 5. As far as quantum of compensation is concerned, the Tribunal based on the oral and documentary evidence of the claimant and that of the doctor supported by medical records issued by the Vellore Government Hospitals in which, the claimant had taken treatment, the period of hospitalisation and the disability assessed at 30%, granted the following amount as compensation with interest at 7.5% per annum:- Sl.No. Head Amount granted by the Tribunal 1 Grievous injuries Rs.20,000/- 2 Disability assessed at 30% Rs.30,000/- 3 Pain and suffering Rs. 5,000/- 4 Transport expenses Rs. 2,000/- Total Rs.57,000/- 6. In appeal, the learned counsel for the appellant pleaded that the sum of Rs.20,000/- granted towards grievous injuries is not sustainable since sufficient amount has been granted towards 30% disability. Therefore, the quantum of compensation has to be reduced. https://hcservices.ecourts.gov.in/hcservices/ 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 22.5.2004. The injured claimant was 35 years old at the time of accident. He is a mechanic. (ii) From the records, it is clear that the injured claimant was treated at the Government Hospital, Vellore as inpatient. He suffered injuries to the right paw and the movement of the right leg is restricted. He feels difficulty in sitting in the floor. It is stated that because of the injury, the claimant is unable to do his mechanic work as before. No amount was granted towards loss of income during the period of treatment and convalescence. The compensation granted towards pain and suffering and transport expenses for the above stated injury and treatment are very meagre. No amount has been granted towards attender charges and nutritious food expenses. Hence, the sum of Rs.20,000/- granted towards grievous injury can be adjusted on the above heads. (iii) Considering all the above aspects, the total compensation granted in a sum of Rs.57,000/- is reasonable and 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 ts To 1. The Subordinate Judge, (The Motor Accidents Claims Tribunal), Cheyyar. 2. The Section Officer, V.R. Section, High Court, Madras. + 1 c.c. to Mrs. B. Vijayalakshmi, Advocate. S.R.No.7524. Judgment in C.M.A.No.534 of 2009 KA (CO) GSK 19.03.2009. https://hcservices.ecourts.gov.in/hcservices/