IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3616 of 2008 and M.P.No.1 of 2008 The Managing Director Tamil Nadu State Transport Corporation Limited Villupuram Division, Kancheepuram. ...Appellant/Respondent vs. Venkatamma ...Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment dated 7.9.2007 passed in M.C.O.P.No.684 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Court),Fast Track No.V, Thiruvallur. For Appellant : Mr.V.Ramesh JUDGMENT The Transport Corporation is on appeal challenging the award dated 7.9.2007 passed in M.C.O.P.No.684 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Court),Fast Track No.V, Thiruvallur. 2. It is a case of injury. The accident in this case happened on 11.4.2005. The injured claimant, 45 years old lady, was travelling in the appellant transport Corporation bus. According to the claimant, due to the rash and negligent driving by its driver, the bus capsized and fell into a pit. In that accident, several persons sustained injuries including the claimant in the present case. In the accident, she suffered fracture of the left wrist and injury to the left shoulder and hip. She was taken to the Government General Hospital, Chennai and was treated as inpatient for five days. Due to the penury in which the claimant was living and in view of the nature of the employment viz., helper in the construction work (Chittal), she stated that she took further treatment in Puthur in Andhra Pradesh where treatment was given by native medicine. She https://hcservices.ecourts.gov.in/hcservices/ claimed compensation in a sum of Rs.2 lakhs stating that she was earning a sum of Rs.3,600/- p.m. in the claim petition .However while deposing before the Tribunal, she stated that her income is Rs.2,600/- p.m. 3. In support of the injury, medical treatment and compensation, the claimant was examined as PW1. The other claimant was examined as PW2.The doctor was examined as PW3 The documents viz., Exs.P1,P2,P3,P4 and P8 were marked.EX.P.1 is the certified copy of First Information Report, Ex.P.2 is the Certified copy of charge sheet, Ex.P.3 is the certified copy of Accident Register of the injured claimant, EX.P.4 series are the O.P.slips, Ex.P.8 is the disability certificate of the injured claimant. One Chengalraji was examined as RW1.No document was marked on behalf of the appellant transport Corporation. 4. The Tribunal decided the issue relating to the compensation from Paragraph 6 onwards. Taking note of the fracture of the left wrist and injury to the shoulder and hip and the treatment taken at Government General Hospital, Chennai, the subsequent treatment at Puthur, Andhra Pradesh and also considering the fact that the injured claimant was working as helper in the construction work, for the disability assessed at 35% as per Ex.P.8,the Tribunal granted the following amount as compensation with 7.5% interest:- Sl. No. Head Amount granted by the Tribunal 1 Injury Rs. 30,000/- 2 Treatment and other expenses Rs. 5,000/- 3 Pain and suffering Rs. 25,000/- 4 Future medical expenses Rs. 10,000/- Total Rs. 70,000/- 5. Learned counsel for the appellant pleaded that the quantum of compensation for pain and suffering is on the higher side and a sum of Rs.10,000/- towards future medical expenses is not justified. 6. This Court is not inclined to interfere with the quantum of compensation for the following reasons: The injured claimant is 45 years old menial labour engaged in construction work. She suffered fracture of her left wrist and injury to the shoulder and hip region. She was in the hospital for sometime and thereafter she was treated privately by taking native medicine in view of penury. The disability has been assessed at 35% and it is not disputed. The claimant will be entitled to compensation for extra nourishment, transport expenses, loss of income during the period of treatment https://hcservices.ecourts.gov.in/hcservices/ and attender charges. The tribunal has omitted to grant compensation on these heads. Even for disability assessed at 35%, a sum of Rs.30,000/- alone has been granted. Even if the sum of Rs.25,000/- granted for pain and suffering is higher and the sum of Rs.10,000/- for medical expenses for the future is not borne out by evidence, the claimant will be entitled to atleast Rs.20,000/- towards pain and suffering. Considering the claimant's age, occupation,injury, period of treatment and disability assessed, the balance amount of Rs.15,000/- can be adjusted towards transport expenses, extra nourishment, attender charges and loss of income during treatment. Therefore, the total compensation does not require further reduction, as also the interest at 7.5%, since the accident happened in the year 2005 and the award was passed in the year 2007. 7. The Civil Miscellaneous Appeal is dismissed. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar VJY To The Motor Accidents Claims Tribunal (Additional District Judge), Fast Track Court No.V), Thiruvallur. + 1 c.c. to Mr.V. Ramesh, Advocate. S.R.No.65988. Judgment in C.M.A.No.3616 of 2008 KJI (CO) GSK 09.02.2009. https://hcservices.ecourts.gov.in/hcservices/