IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27.11.2008 CORAM: THE HON'BLE MR.JUSTICE R.SUDHAKAR CMA.NO.3593 of 2008 and CMP.NO.1905 OF 2008 The Managing Director Metropolitan Transport Corporation Division-II, Chennai-2 ...Appellant/ Respondent Vs. 1.Minor Mani Kandan (Minor rep. By his father and next friend Veera Raghavan Malaiadivaram,Kundrathur, Chennai. ...Respondent/ Petitioner Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the award and decree passed on 22.01.2004 in MCOP.NO.2876 of 2000 on the file of the Motor Accident Claims Tribunal (V Small Causes Court) Chennai. For Appellant:Mr.P.Jagadeeswaran J U D G M E N T The Transport Corporation is on appeal challenging the award passed on 22.01.2004 in MCOP.NO.2876 of 2000 on the file of the Motor Accident Claims Tribunal (V Small Causes Court) Chennai. 2. It is a case of injury. The accident in this case happened on 14.01.2000. The injured claimant is a minor aged about 3 years. The minor was traveling in a motor cycle along with his parents when it was hit by appellant transport Corporation bus and in that accident, the mother died, father suffered grievous injuries. The minor injured claimant suffered hip bone fracture and damage to the urinary tube. He was treated at the Government Hospital, Chrompet and thereafter at Children Hospital, Egmore, Chennai. A sum of Rs.1,05,000/- was claimed as compensation. 3. The finding of the Tribunal with regard to negligence on the part of the driver of the appellant transport corporation and https://hcservices.ecourts.gov.in/hcservices/ consequential liability fixed on the appellant transport corporation to compensate the claimant is not in dispute and the same is confirmed. 4. The only contention raised by the learned counsel for the appellant is on the quantum of compensation. 5. The Tribunal awarded Rs.92,000/- with 9% interest on following heads: Sl. No. Head Amount granted by the Tribunal 1 Transport charges Rs. 2,000- 2 Nourishment Rs. 5,000/- 3 Pain and suffering Rs. 10,000/- 4 Loss of future earning Rs. 75,000/- Total Rs. 92,000/- 6. In support of the claim, the father was examined as PW1 and the discharge summary for the treatment given and the medical bills were marked as Exhibits and it is not disputed. The disability certificate also has been filed. The disability has been assessed at 50%. 7. The Tribunal, after taking into consideration the young age of the injured claimant, the grievous injury to the hip region, tear of the urinry tract and the surgical procedure done to the urinary tube bladder which was re-fixed, granted a sum of Rs.75,000/- on the head of loss of future earning and this amount is disputed by the counsel for the appellant. 8. This Court is not inclined to interfere with the quantum of compensation for the following reasons: The accident in this happened in the year 2003. The minor child was treated in two hospitals viz.,Government Hospital, Chrompet and Children Hospital, Egmore. Both the injuries viz.,hip bone fracture and damage to the urinary tube are grievous in nature for which medical treatment was given for quite some time. Since the accident happened in the very young age, the pain and suffering will continue for the rest of his life. Since the urinary tube has been damaged, it is observed by the Tribunal that the claimant has to be properly taken care of both at the time of treatment and thereafter. He needs an attender, since the mother died in the accident. Assuming for a moment that if a sum of Rs.50,000/- is granted towards disability assessed at 50%, the excess amount of https://hcservices.ecourts.gov.in/hcservices/ Rs.25,000/- can be adjusted in the following manner by awarding further amount as follows: (i)A further sum of Rs. 5,000/- towards Extra Nourishment (ii)A further sum of Rs.10,000/- towards Pain and suffering (iii) A sum of Rs. 10,000/- towards attender charges The amount granted for transportation also is very meagre, considering the fact that the treatment was given in two hospitals. Therefore,the quantum of compensation granted by the Tribunal is just and reasonable and it does not require any further reduction. Hence, a sum of Rs. 75,000/- and other amounts granted by the Tribunal is confirmed. 9. In the peculiar facts and circumstances of the case that since the injured claimant was three years old at the time of accident, he has to undergo pain and mental agony in future for a long period of treatment. Hence,the interest granted at 9% p.a. for the accident which happened in the year 2000 though marginally higher, it does not require further reduction. 10. Finding no merits, this Civil Miscellaneous Appeal is dismissed at the admission stage. There will be no order as to costs. Learned counsel for the appellant seeks for eight weeks time to deposit the award amount and the same is allowed and on such deposit, the claimant is entitled to withdraw the same Consequently, connected CMP. is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. VJY To V Small Causes Judge, Motor Accident Claims Tribunal Chennai. 1 cc to Mr.P. Jagadeeswaran, Advocate, SR. 66696 CMA.NO.3593 OF 2008 and CMP.NO.1905 OF 2008 KK (CO) kk 23/1 https://hcservices.ecourts.gov.in/hcservices/