IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.2.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.413 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Rangapuram, Vellore. ... Appellant/Respondent vs. A.S.Subramaniya Mudaliar. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 12.11.2007 passed in M.C.O.P.No.376 of 2001 on the file of the Motor Accidents Claims Tribunal, Cheyyar. For appellant : Mrs.B.Vijayalakshmi ----- JUDGMENT The Tamil Nadu Transport Corporation is on appeal challenging the award dated 12.11.2007 passed in M.C.O.P.No.376 of 2001 on the file of the Motor Accidents Claims Tribunal, Cheyyar. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 26.11.2000. The injured claimant A.S.Subramania Mudaliar, aged 60 years, a rice commission merchant, was riding a bicycle. He was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident, the claimant suffered fracture to the shoulder. He was treated at Government Hospital, Cheyyar and then he was referred to Government Stanley Hospital, Madras. After much persuasion to the various authorities including https://hcservices.ecourts.gov.in/hcservices/ the Chief Minister's Cell and the Police Department, the F.I.R. was registered after some delay. He filed a claim for compensation in a sum of Rs.2,00,000/- for the injury suffered in the accident stating that he was earning a sum of Rs.5,000/- per month at the time of accident. 3. In support of the claim, the injured claimant was examined as P.W.1. Exs.A-1 to A-10 were marked, the details of which as per the order of the Tribunal are as follows:- Ex.A-1 is the copy of petition addressed to the Chief Minister of Tamil Nadu, Ex.A-2 is the acknowledgment card signed by the office of the Inspector General of Police, Ex.A-3 is the acknowledgment card signed by the office of the Superintendent of Police, Ex.A-4 is the acknowledgment card signed by the office of the Chief Minister of Tamil Nadu, Ex.A-5 is the acknowledgment card signed by the Sub Inspector of Police, Cheyyar, Ex.A-6 is the acknowledgment card signed by the Inspector of Police,Cheyyar, Ex.A-7 is the copy of FIR, Ex.A-8 is the copy of wound certificate, Ex.A-9 is the copy of wound certificate and Ex.A-10 is the medical receipt. No oral or documentary evidence was let in on behalf of the appellant transport corporation, the respondent before the Tribunal. 4. The Tribunal, based on the oral and documentary evidence, age, occupation, period of treatment, nature of injury suffered by the claimant, granted the following amount as compensation with interest at 7.5% per annum:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 1 Two grievous injuries (Rs.5,000/- each) Rs.10,000/- 2 Two simple injuries (Rs.2,000/- each) Rs. 4,000/- 3 Pain and suffering Rs. 3,000/- 4 Extra nourishment expenses Rs. 2,000/- 5 Transport expenses Rs. 1,500/- 6 Loss of comfort Rs. 5,000/- Total Rs.25,000/- 5. In appeal, on the above quantum of compensation, there is no dispute. The contention raised in appeal is with regard to delay in filing the FIR and also the plea that no such accident happened on 26.11.2000 as alleged. 6. On going through the reasons given in the award supported by oral and documentary evidence of the claimant, it is clear that the claimant has pursued the matter diligently before various authorities and has registered the case against the driver of the appellant transport corporation bus route No.130 bearing Registration No.TN-23-N-0987. The documents Exs.A-1 to A-6 shows the diligent steps taken by the claimant to register the F.I.R. To counter this plea, no oral or documentary evidence was let in on behalf of the appellant transport corporation before the Tribunal. On an analyze of the oral and documentary evidence, the Tribunal came to correct conclusion in holding that the driver of the bus belonging to the appellant transport corporation was rash and negligent and was responsible for the accident. There is no material to come to a different conclusion to that of one arrived by the Tribunal. 7. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted. On such deposit, the claimant is permitted to withdraw the same. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ts To The Motor Accidents Claims Tribunal, Cheyyar. +1cc to Mr.B.Vijayalakshmi, Advocate Sr 7107 RL(CO) km/24..3. C.M.A.No.413 of 2009 https://hcservices.ecourts.gov.in/hcservices/