1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.653 of 2011 and M.P.(MD)No.2 of 2011 The Managing Director, Tamil Nadu State Transport Corporation Limited, Virudhunagar(Madurai Division), by its Branch Manager, Virudhunagar. ...Appellant/Respondent Vs. Kandasamy ...Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 11.11.2009 made in M.A.C.O.P.No.1802 of 2008, on the file of the Motor Accidents Claims Tribunal(Principal District Court), Tiruchirappalli. For Appellants : M/s.M.Prakash For Respondent : M/s.N.Sudagar Nagaraj JUDGMENT The respondent/transport corporation is the appellant herein. The appeal is filed against the award of compensation of Rs.35,500/- with interest at 7.5% p.a. made in favour of the claimant for the injury sustained and to the damages caused to the vehicle in the accident occurred on 14.03.2008 at 9.40 p.m. on Tiruchy-Madurai Main Road, due to rash and negligent driving of the transport corporation bus. The date, time, place and manner of the accident and involvement of the two wheeler belonging to the claimant and transport corporation bus in the accident and the nature and extent of injuries sustained by the claimant and the fact that his vehicle sustained some damages are not so seriously denied. The tribunal has on the basis of the available evidence awarded compensation as follows: 1. medical and other expenses - Rs.13,500/- 2. pain and suffering - Rs. 7,000/- 3. damages to two wheeler - Rs.15,000/- -------------- - Rs.35,500/- -------------- 2. The learned counsel for the appellant in this appeal has seriously questioned the quantum of compensation awarded for the damages caused to the two wheeler. It is contended by the learned counsel for the appellant that in the absence of any evidence to prove Ex.A10-bills for Rs.18,929/- representing the repairing charges to the damages caused to the two-wheeler, the https://hcservices.ecourts.gov.in/hcservices/ 2 award of compensation of Rs.15,000/- awarded by the tribunal is without any basis and the same is excessive and exorbitant. 3. Per contra, the learned counsel for the respondent would try to defend the award under challenge mainly by relying upon Ex.A10 which is purported to be spare parts purchase bills and repairing charges. 4. Heard the submissions made on both sides. 5. This Court finds much force in the argument advanced on the side of the appellant/transport corporation. The claimant ought to have in support of Ex.A10-bill, adduced oral evidence to prove the nature and extent of damages caused t the vehicle and the nature of repairs done and actual amount incurred for such repairing. In the absence of one such evidence, the tribunal has committed an error in awarding Rs.15,000/- as repairing charges. In my considered view, the same can be reduced to Rs.7500/- with which is to be added Rs.7,000/- for pain and suffering suffered by the claimant on account of the injuries sustained by him in the accident and Rs.13,500/-for medical and other expenses and the total compensation is thus arrived at Rs.28,000/- payable with interest at 7.5% from the date of claim petition till the date of payment. 6. In the result, the award dated 11.11.2009 made in M.A.C.O.P.No.1802 of 2008, on the file of the Motor Accidents Claims Tribunal(Principal District Court), Tiruchirappalli is modified by directing compensation of Rs.28,000/- with interest at 7.5% p.a. from the date of petition till the date of payment. The appellant transport corporation, if not till date deposited, is directed to deposit the award amount within one month from the date of receipt of the copy of the order. On such deposit of the amount into court, the claimant is permitted to withdraw the entire award amount with interest and costs. The excess amount, if any, shall be refunded to the appellant/transport corporation. The excess court fee, if any, shall be refunded to the claimant. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Motor Accidents Claims Tribunal, (Principal District Judge), Tiruchirappalli +One CC to Mr.M.Prakash, Advocate, SR.No.18651 +One CC to Mr.N.Sudhagar Nagaraj, Advocate, SR.No.19025 vsn rl/4c – 14.7.2011 C.M.A(MD)NO.653 of 2011 16.06.2011 https://hcservices.ecourts.gov.in/hcservices/