IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.12.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No. 3806 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd, Kumbakonam. ... Appellant vs. Veerappan ... Respondent . . . Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 27.04.2007 passed in M.C.O.P.No.160 of 2006 on the file of Motor Accident Claims Tribunal, ( Subordinate Court), Chidambaram. . . . For appellant : Mr.N.Anand For respondent : --- . . . JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 27.04.2007 passed in M.C.O.P.No.160 of 2006 on the file of Motor Accident Claims Tribunal, ( Subordinate Court), Chidambaram. 2. It is a case of injury. On 26.10.2005 the injured Claimant, Veerppan 45 years old, an agriculturist was travelling in the bus of the appellant Transport Corporation. While driving, the driver of the bus, in order to avoid a collision with an on https://hcservices.ecourts.gov.in/hcservices/ coming vehicle, turned and hit a Tamarind tree. In that accident, the said Veerappan suffered fracture of skull and he was taken to Raja Muthiah Medical College Hospital at Chidambaram and treated there for some time. The nature of injuries sustained by the claimant is as follows: "1. Multiple fracture over the frontal bone. 2. Haemorrhage in the frontal area. 3. Injury on the head. 4. Contusion and laceration on the nose. 5. Abrasion and contusion on left eye b row. 6. Injuries over both lips. 7. Loss of teeth and fracture of 5teeth with mobility. 8. Injury on right leg. 9. Heavy injury on chest 10. Movements of mouth restricted. 11. injury over both eyes." The claimant claimed a sum of Rs.5,00,000/- as compensation. 3. In support of the claim, the injured claimant was examined as P.W.1 and Dr.Balamurugavel was examined as P.W.2. Documents were marked as Exs.P.1 to P.18 were marked. Ex.A.4 is the Wound Certificate. Ex.P.5 is the discharge summary. Ex.P.6 is the sonogram report.Ex.P.7 is the Scan report. Ex.P.8 is the Electro cardiogram report. Ex.P.9 is the Medial prescriptions. Ex.P.10 is the medical bills.Ex.P.11 is the X-ray. Ex.P.12 is the disability Certificate.Ex.P.13 is the X-Ray. No oral or documentary evidence was let in on the side of the appellant/first respondent before the Tribunal. 4. The Disability in this case has been assessed at 20% under Ex.P.12. Based on the medical records and the discharge summary and the evidence of the doctor, the Tribunal granted the following amounts as compensation with interest at 9% per annum. Sl.No. Head Amount granted by the Tribunal 1 Loss of income during treatment for four months Rs. 10,000/- 2 Pain and Suffering Rs. 15,000/- 3 Medical expenses Rs. 15,000/- 4 Extra Nourishment & Transport expenses Rs. 7,500/- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 5 Loss of amenities Rs. 20,000/- Total Rs. 67,500/- 5. The finding of negligence on the part of the driver and the liability fixed on the appellant to compensate the claimant is not disputed by the appellant and the same is confirmed. 6. Learned counsel for the appellant pleaded that a sum of Rs.20,000/- awarded by the Tribunal towards loss of amenities is not justified. 7. This Court is not inclined to interfere with the quantum of compensation for the reason that for the disability assessed at 20% no amount has been granted by the Tribunal. A sum of Rs.20,000/- awarded for loss of amenities, which is in dispute, may be granted under the head of disability. Therefore, the quantum of compensation does not require further reduction. However, in this case no amount has been granted for attendant charges and meagre amount has been granted for pain and suffering to the 45 year old agriculturist, who suffered serious injuries. Therefore, interest granted at 9% is confirmed as the marginally higher interest will compensate for any short fall in the quantum of compensation. 8. Finding no merits, this C ivil miscellaneous petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. Learned counsel for the appellant seeks eight weeks' time to deposit the entire amount and is granted. On such deposit, the claimant is entitled to withdraw the same as per the order of the Tribunal. Pal Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To The Motor Accident Claims Tribunal, Subordinate Court, Chidambaram. + 1 cc to Mr. N. Anand, Advocate SR No. 68490 CMA No. 3806 of 2008 KLT(CO) SR/31.12.2008 https://hcservices.ecourts.gov.in/hcservices/