IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2008 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No.3976 of 2008 The Managing Director, Tamil Nadu State Transport CorporationLtd., Vellore .. Appellant / Respondent Vs. K.Velu .. Respondent/Claimant . . . Appeal filed under Section 173 of the M.V.Act against the award and decree dated 04.12.2007 made in M.C.O.P No. 234 of 2004 on the file of the Motor Accidents Claims Tribunal,(Sub Court ), Cheyyar. . . . For Appellant : Mr.V.Ramesh For respondents : . . . . . . J U D G M E N T The State Transport Corporation has filed this appeal challenging the award dated 04.12.2007 made in M.C.O.P No. 234 of 2004 on the file of the Motor Accidents Claims Tribunal,(Sub Court ), Cheyyar. 2. It is a case of injury. The accident in this case happened on 09.02.2004. The injured claimant Velu, aged about 25 years, and a weaver of silk fabrics by occupation was travelling as a pillion rider in a cycle when he was hit by the appellant Transport Corporation bus. In that accident, he suffered grievous injuries to his left knee . He also suffered several injuries all over the body including lacerations, abrasions and contusions. He was taken to Arcot Government Hospital and treated as in patient . Thereafter, he took treatment at Vellore Government Hospital. The nature of injuries suffered by the claimant has been set out in Ex.P.2, Wound Certificate. He made a claim in a sum of Rs.3,00,000/- as compensation. 3. In support of the claim, the injured claimant was examined as P.W.1 and Dr.Kannan Isac was examined as P.W.2. https://hcservices.ecourts.gov.in/hcservices/ Documents were marked as Exs.P.1 to P.3. Ex.P.1 is the copy of First Information Report. Ex.P.2 is the Wound Certificate. Ex.P.3 is the Disability Certificate. No oral or documentary evidence was let in on the side of the appellant/respondent before the Tribunal. 4. The finding of negligence on the part of the driver of the Transport Corporation bus and the and the liability fixed on the appellant Corporation to compensate the claimant is not disputed by the counsel for the appellant and as such, the same is confirmed. 5. As far as the compensation, the same was decided by the Tribunal in para 8 onwards. In view of the disability assessed at 45%, considering the age, occupation and income of the injured claimant, the tribunal granted the following amounts with 7.5 % interest. Sl.N0 . Head Amount granted by the Tribunal 1 For disability at 45% Rs. 45,000/- 2 Pain and suffering & Extra nourishment Rs. 5,000/- 3. For grievous injuries sustained Rs. 10,000/- 4. Transport expenses Rs. 1,000/- 6. Loss of amenities,mental shock & depression Rs. 5,000/- 7. X -ray Rs. 300/- Total Rs 66,300/- 6. In appeal, it is contended by the learned counsel for the appellant that a sum of Rs.10,000/- granted towards grievous injuries sustained by the claimant, should not have been awarded, since the compensation for disability has been separately granted. Further, a sum of Rs.5,000/- for mental shock and depression and loss of amenities ought not to have been granted, when compensation is separately granted under the head of pain and suffering and he therefore, sought for reduction in the quantum of compensation. 7. This Court is not inclined to interfere with the quantum of compensation as per the order of the Tribunal for the following reasons. The nature of injuries suffered by 25 years old, silk weaving injured claimant is not in dispute. The percentage of disability is not also in dispute. The fact that he was treated in more than one hospital will entitle him to higher compensation for pain and suffering. He will be entitled to separate compensation for extra nourishment. Further, considering the period of accident, which is https://hcservices.ecourts.gov.in/hcservices/ in the year 2004 and a silk weaver by occupation, his claim that his income is Rs.6,000/- p.m. is reasonable and and some amount should have been granted for loss of income during the period of treatment. The claimant will be entitled to compensation for attendant charges. Further, the claimant hails from Cheyyar and he has been taking treatment at Arcot and Cuddalore. He is, therefore, entitled for higher compensation for transport expenses. Considering all these, Rs.10,000/- awarded for grievous injuries, and Rs.5000/- towards mental shock and loss of amenities can be adjusted on other heads which depression have been omitted by the Tribunal. Therefore, the award amount granted by the Tribunal does not require any reduction. Since the accident in this case happened in 2004 and the award was passed in 2007, the interest awarded at 7.5% by the Tribunal stands confirmed. 8. In the result, finding no merits, the Civil Miscellaneous Appeal is dismissed at the admission stage itself. The connected miscellaneous petition is closed. No costs. Learned counsel for the appellant seeks eight weeks time to deposit the entire award amount and is granted. On such deposit, the claimant is permitted to withdraw the same. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar PAL To The Motor Accidents Claims Tribunal, Sub Court, Cheyyar. 1 cc To Mr.V.Ramesh, Advocate, SR.70774 CMA No. 3976 of 2008 CK(CO) SRA(09/01/2009) https://hcservices.ecourts.gov.in/hcservices/