1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.462 of 2011 and M.P(MD)No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Ltd., Madurai. ... Appellant/Respondent Vs. Minor S.Mahadevan, S/o M.Sekar, (Minor is rep. by his father and next friend) ... Respondent/Claimant PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 03.12.2003 made in M.C.O.P.No.741 of 1999 on the file of the Motor Accident Claims Tribunal, IV Additional Sub-Court, Madurai. For Appellant : Mr.M/s.Rajnish Pathiyil For Respondent : Mr.K.Mahendran J U D G M E N T Heard both sides. 2. This Civil Miscellaneous Appeal is filed by the State Transport Corporation against the award of compensation of Rs.1,45,000/- with interest at 9% per annum from the date of claim petition passed in favour of the minor claimant represented by his guardian who was injured in the accident occurred at 9.30 a.m., on 19.08.1998 near Munakovil bus stop on Madurai to Melur main road due to rash and negligent driving of the bus belonging to the State Transport Corporation. 3. The date, time, place and manner of the accident and the nature of the injuries sustained by the claimant resulting in permanent disability in spite of treatment and hospitalisation incurring heavy medical expenses, are not denied. 4. The State Transport Corporation has in this appeal not denied the liability to pay compensation to the injured. What is denied herein is the quantum of compensation of Rs.1,45,000/- as on higher side. 5. The perusal of the records reveals that the Tribunal has awarded compensation of Rs.1,45,000/- under the following heads: Pain and suffering :Rs. 15,000/- Extra Nourishment and Transport Charges :Rs. 5,000/- https://hcservices.ecourts.gov.in/hcservices/ 2 Permanent Disability (Urination Process) :Rs. 30,000/- Permanent Disability (Fracture) :Rs. 45,000/- Loss of amenities and happiness (Rs.15,000 + Rs.10,000) :Rs. 25,000/- Loss of Future prospects :Rs. 25,000/- --------------- Total :Rs.1,45,000/- --------------- 6. The learned counsel for the appellant/State Transport Corporation has only disputed the award of compensation of Rs.45,000/- for 52% permanent disability suffered by the injured on account of bone fracture. Considering the age of the injured at the time of the accident (i.e) seven years and the nature and extent of permanent disability and the impact of the same upon his day-to-day activities throughout his life, the compensation of Rs.45,000/- cannot said to be excessive or exorbitant. The quantum of compensation under the other headings is also in my considered opinion just and reasonable and no ground is made out to modify the same. 6. In the result, this Civil Miscellaneous Appeal is dismissed confirming the award dated 03.12.2003 made in M.C.O.P.No.741 of 1999 on the file of the Motor Accident Claims Tribunal, IV Additional Sub-Court, Madurai. The time granted to deposit the amount into Court is eight weeks from the date of receipt of the copy of this order. On deposit of the amount into Court, the guardian is permitted to withdraw the entire costs and interests and is also permitted to withdraw the future accrued interest upon the deposit of compensation amount on behalf of the minor in any one of the nationalised banks once in three months directly from the bank during the minority of the injured. No Costs. Consequently, connected miscellaneous petition is closed. SD/- Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) To The Motor Accident Claims Tribunal, IV Additional Subordinate Judge, Madurai. +1. CC to M/s Rajnish Pathiyil, Advocate, SR.No.13194 PM CMA(MD).No.462 of 2011 08.04.2011 TR : 17.05.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/