1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.401 of 2011 Minor N.Petchiammal represented by her mother and next fried viz., N.Pandiammal. .. Appellant/Petitioner Vs. M/s.Tamil Nadu State Transport Company Ltd., Bye pass Road, Madurai through its Managing Director, Madurai. .. Respondent/Respondent Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 16.11.2007 passed in M.C.O.P.No.3084 of 2002 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.I, Madurai. For Appellant .. Mr.K.Mahendran For Respondent .. Mr.M.Prakash JUDGMENT The award dated 16.11.2007 passed in M.C.O.P.No.3084 of 2002 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.I, Madurai is being challenged in the present Civil Miscellaneous Appeal. 2. The appellant herein as petitioner has filed M.C.O.P.No.3084 of 2002 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.7,00,000/- by way of compensation, wherein the present respondent has been shown as sole respondent. 3. In the petition it is averred that on 19.12.2001 at about 16.45 hours, the petitioner has stood in Melur Bus Stand. At that time, the driver of the respondent has driven the bus bearing Registration No.TN-59-N-0506 in rash and negligent manner and dashed against the petitioner and due to accident the petitioner has sustained multiple injuries coupled with fractures. Since the accident has happened due to rash and negligent driving of the https://hcservices.ecourts.gov.in/hcservices/ 2 driver of the respondent, the present petition has been filed for getting compensation as mentioned therein. 4. In the counter filed on the side of the respondent it is averred that the driver of the respondent is not responsible for the accident. The entire accident has happened only due to negligence on the part of the petitioner and there is no merit in the petition and the same deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded Rs.65,000/- by way of compensation. In order to enhance the award, the present Civil Miscellaneous Appeal has been filed at the instance of the petitioner as appellant. 6. The learned counsel appearing for the appellant/petitioner has repeatedly contended that the petitioner has sustained four fractures and the Doctor, who examined the petitioner has deposed evidence as P.W.2 and he has clearly stated in his evidence that the petitioner has sustained 52% permanent disability and the Motor Accidents Claims Tribunal without considering the nature of injuries as well as fractures sustained by the petitioner has erroneously awarded Rs.65,000/- by way of compensation and therefore the same is liable to be enhanced. 7. The learned counsel appearing for the respondent/respondent has contended that there is no acceptable evidence on the part of the petitioner so as to prove the nature of the injuries sustained by her and the Motor Accidents Claims Tribunal after considering the available evidence on record has rightly awarded a compensation of Rs.65,000/- and the same is not liable to be enhanced. 8. On the basis of the divergent submissions raised on either side, the Court has to look into as to whether the appellant/ petitioner is entitled to get enhanced compensation? 9. It is an admitted fact that the accident in question has happened on 19.12.2001. It is also equally an admitted fact that due to accident the petitioner has sustained four fractures coupled with other injuries. The author of Ex.P.4, Wound Certificate has been examined as P.W.2. He has clearly stated in his evidence that the petitioner has sustained 52% permanent disability. 10. The Motor Accidents Claims Tribunal has fixed the compensation only on the basis of percentage of permanent disability. The learned counsel appearing for the appellant/petitioner has accentuated the Court to look into Ex.P.3. Ex.P.3 is a series of photographs and this Court has seen the same and ultimately found that complete disfiguration has happened to the petitioner due to accident. Considering the fact that complete disfiguration has occurred to the petitioner due to accident, the petitioner may lose her marriage opportunity. https://hcservices.ecourts.gov.in/hcservices/ 3 11. The Motor Accidents Claims Tribunal as stated earlier has awarded compensation only on the basis of percentage of disability. Considering the fact that the petitioner has sustained four fractures and also disfiguration, this Court is of the view to award Rs.75,000/- towards permanent disability. The Motor Accidents Claims Tribunal has awarded Rs.10,000/- towards pain and sufferings. Considering the age of the petitioner as well as the nature of the injuries sustained by her, this Court is of the view to award Rs.20,000/- towards pain and sufferings. The Motor Accidents Claims Tribunal has awarded Rs.1,000/- towards nutrition, Rs.1,000/- towards transportation and Rs.1000/- towards medical treatment and the amounts fixed towards the heads mentioned supra can be accepted and in aggregation the petitioner is entitled to get Rs.98,000/- by way of compensation. 12. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.3084 of 2002 by the Motor Accident Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.I, Madurai is modified as follows: The appellant/petitioner is entitled to get Rs.98,000/- by way of compensation. In other aspect, the award passed by the Motor Accident Claims Tribunal is confirmed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal/ Additional District and Sessions Court/ Fast Track Court No.I, Madurai. +1cc to Mr.K.Mahendran, Advocate Sr.No.22700 +1cc to Mr.H.Prakash, Advocate Sr.NMo.22730 smn ssk/02.08.2011 /4c-3p/- C.M.A(MD)No.401 of 2011 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/