1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.(MD)No.1144 of 2010 and M.P.(MD)NOs.1 to 4 of 2010 The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division -3, Ranithottam, Nagercoil Village, Nagercoil-629 001. Kanyakumari District. ... Appellant/ 1st Respondent vs. 1. Minor Arockia Reshone ...1st Respondent/Petitioner represented by his Mother Mary Suma 2. Sellam ... 2nd Respondent/ 2nd Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 27.04.2006 made in M.C.O.P.No.146 of 2001, on the file of the Principal Motor Accidents Claims Tribunal, Nagercoil. For appellant : Mr.R.Janakiramulu JUDGMENT Miscellaneous Petition No.1 of 2010, for condoning the delay of 1166 days in representing the appeal in C.M.A.(MD) SR.No.15158 of 2007 is listed today before this Court. This petitioner/appellant has also filed the following applications. (i) M.P.(MD)No.2 of 2010 for condoning the delay of 1169 days in paying the deficit Court fee. (ii) M.P.(MD)No.3 of 2010 for condoning the delay of 236 days in filing the appeal. 2. Appellant Counsel has furnished a typed set of papers containing the award and decree dated 27.04.2006 made in M.C.O.P.No.146 of 2001, on the file of the Principal Motor Accidents Claims Tribunal, Nagercoil. https://hcservices.ecourts.gov.in/hcservices/ 2 3. On going through the award, this Court is not inclined to entertain the appeal on merits. However, for the purpose of numbering and disposal of the appeal and in view of the order that is to be passed in the appeal, notice to respondent to condone the delay in filing the appeal is dispensed with. 4. The Registry is directed to number the appeal and other connected petitions. By consent of the learned Counsel for the appellant, the appeal is taken up for disposal on merits. 5. The Tamil Nadu Transport Corporation is on appeal challenging the award dated 27.04.2006 made in M.C.O.P.No.146 of 2001, on the file of the Principal Motor Accidents Claims Tribunal, Nagercoil. 6. It is a case of injury. The accident in this case happened on 16.08.1999 at 5.00p.m. Master Arokia Reshore, 5 years old school going child suffered the following injuries in the accident: (i) multiple fracture below right knee (ii)fracture of the right leg (iii)fracture of the foot, crush injury. He was treated at Sushrusha Hospital, Nagercoil from 16.08.1999 to 09.11.1999. A sum of Rs.4,50,000/- was claimed as compensation by the claimant. 7. In support of the claim, the mother was examined as P.W.1 and the doctor as P.W.2 and Ex.A.1 to A.12 were marked as follows: Ex.A.1 - First Information Report Ex.A.2 - M.V.I.Report Ex.A.3 - Copy of rough sketch Ex.A.4 - Copy of observation mahazar Ex.A.5 - Copy of accident register Ex.A.6 - Treatment certificate Ex.A.7 - Disability certificate Ex.A.8 - Baptism certificate Ex.A.9 - Certificate given to the claimant by the school Ex.A.10 - Medical bills Ex.A.11 - Medical bills given in hospital Ex.A.12 - Medical bills No oral or documentary evidence was let in by the appellant before the Tribunal. 8. The finding of the negligence on the part of the driver of the appellant Transport Corporation bus bearing Registration No.TN-74-N-0494 who caused the accident and the injury and consequential liability fixed on the appellant Transport Corporation to compensate the claimant is not disputed by the learned Counsel for the appellant at the time of hearing. 9. The disability has been assessed at 35% by Ex.A.7 and the Tribunal granted the following amount as compensation with 12% interest. https://hcservices.ecourts.gov.in/hcservices/ 3 Sl. No. Head Amount granted by the Tribunal 1 for transport expenses Rs. 2,000/- 2 for extra nourishment Rs. 3,000/- 3 for damages to clothes Rs. 100/- 4 for medical bills Rs. 82,000/- 5 for pain and sufferings Rs. 5,000/- 6 for permanent disability at 35% Rs. 35,000/- Total Rs.1,27,100/- 10. The plea advanced by the learned Counsel for the appellant is that the quantum of compensation is excessive. 11. On going through the quantum of compensation, this Court finds that no excess amount has been awarded by the Tribunal on one or other head. Prima facie there appears to no good reason for filing the appeal. Hence, the appeal deserves to be dismissed. 12. The inordinate delay on the part of the appellant does not deserve to be condoned. The delay has caused great hardship and prejudice to the claimant. Therefore, this Court is not inclined to interfere with the award which would cause further prejudice and hardship to the claimant who had the benefit of the award as early as on April 2006. No other point was argued. 13. Finding no merits, this Civil Miscellaneous Appeal is dismissed. Consequently, the connected Miscellaneous Petition Nos.2 and 3 are closed. The Petition M.P.NO.1 filed for condoning the delay in representing the appeal and 4 of 2010 filed for stay are dismissed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To The Principal Motor Accidents Claims Tribunal, Nagercoil. ssl rl/2c- 28.10.2010 Judgment in C.M.A.(MD)No.1144 of 2010 and M.P.(MD)NOs.1 to 4 of 2010 18.08.2010 https://hcservices.ecourts.gov.in/hcservices/