IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.3.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.643 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Division-1, 12 Ramakrishna Road, Salem-7. ... Appellant/Respondent vs. Raja. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 28.3.2006 passed in M.C.O.P.No.74 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Attur. For appellant : Mr.P.Jagadeeswaran JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 23.7.2005 passed in M.C.O.P.No.74 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Attur. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 23.7.2005. The injured claimant Raja, aged 47 years, a painter, was riding his cycle. The bus belonging to the appellant transport corporation driven by its driver in a rash and negligent manner hit the cyclist. In that accident, the said Raja suffered fracture in his right wrist. He filed a claim for compensation under Section 166 of the Motor Vehicles Act, in a sum of Rs.2,00,000/- for the injuries suffered in the accident. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Exs.A-1 to A-6 were marked, the details of which are as follows:- Ex.A-1 is the FIR dated 23.7.2005, Ex.A-2 is the certified copy of wound certificate dated 11.8.2005, Ex.A-3 is the certified copy of discharge summary dated 29.7.2995, Ex.A-4 is the certified copy of Motor Vehicle Inspector's Inspection Report dated 29.7.2005, Ex.A-5 is the certified copy of charge sheet dated 15.8.2005 and Ex.A-6 is the certified copy of rough sketch dated 24.7.2005. Mr.Madhavamani, working as the Accident Inspector in the appellant transport corporation was examined as R.W.1. No document was let in on behalf of the appellant transport corporation. 4. Considering the oral and documentary evidence, the age and occupation of the injured claimant, the wound certificate Ex.A-2 and the discharge summary Ex.A-3, the Tribunal granted the following amounts as compensation with 7.5% interest per annum:- Sl.No. Head Amount granted by the Tribunal 1 For injuries Rs. 5,000/- 2 Loss of income during the period of treatment and convalescence Rs.20,000/- 3 Loss of earning power Rs.20,000/- 4 Pain and suffering Rs.15,000/- 5 Transport expenses Rs. 5,000/- Total Rs.65,000/- (but wrongly calculated as Rs.70,000/- 5. The Tribunal discussed the negligence in paragraphs 6 to 8 of the award in answer to point No.1 and held that the negligence was on the part of the driver of the appellant transport corporation bus based on Ex.A-1 FIR, Ex.A-5 charge-sheet and Ex.A-6 rough sketch and the oral evidence of the injured claimant. The evidence of R.W.1 did not appeal to the Tribunal on merits. Further, the driver of the bus was not examined. There is no material to controvert the finding on negligence. The finding of negligence on the part of the driver of the appellant transport corporation bus, as responsible for the accident and the injury and the liability fixed on the appellant transport https://hcservices.ecourts.gov.in/hcservices/ corporation, though raised, is not seriously disputed by the counsel for the appellant in the appeal and the same is confirmed. 6. The only serious contention raised by the learned counsel for the appellant is on the quantum of compensation contending that without any disability, the Tribunal granted higher compensation of Rs.70,000/-. Therefore, the compensation has to be reduced. 7. On perusing the award, this court is not inclined to interfere with the award of the Tribunal on the above contention for the following reasons:- (i) The accident in this case happened on 23.7.2005. (ii) In the accident, the claimant suffered fracture in his right wrist. He had taken treatment in the Government Hospital for 7 days from 23.7.2005 to 29.7.2005, which is not disputed. (iii) Since the claimant suffered fracture in his right wrist, he has to undergo physiotherapy. No amount was granted towards physiotherapy to restore his physical strength. (iv) No amount was granted towards attender charges and extra nutritious food expenses which the claimant is entitled to. (v) Because of the fracture in the right wrist, claimant could not do his work as painter during the period of treatment and convalescence. Hence, the sum of Rs.20,000/- granted towards loss of income during the period of treatment is reasonable and the same is confirmed. (vi) The sum of Rs.20,000/- granted towards loss of earning power can be adjusted towards attender charges, extra nourishment and physiotherapy. (vii) The sum of Rs.5,000/- granted towards injuries, the sum of Rs.5,000/- granted towards transport expenses and the sum of Rs.15,000/- granted towards pain and suffering are reasonable and the same is confirmed. (viii) The total compensation comes to Rs.65,000/-. But the Tribunal wrongly calculated as Rs.70,000/-. The Tribunal is directed to rectify the defects in accordance with the compensation granted under each and every head. https://hcservices.ecourts.gov.in/hcservices/ (ix) Considering all these aspects, even though doctor was not examined and disability was not assessed, since the fracture on the right wrist of the claimant is not in dispute, the total compensation granted at Rs.65,000/- does not require any further reduction as also the interest granted at 7.5% as the accident in this case happened in the year 2005 and the award is of the year 2006. 8. 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 correct award amount and is granted and on such deposit, the claimant is permitted to withdraw the same. The Tribunal is directed to suitably amend the total compensation in accordance with the compensation granted under each and every head. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To The Subordinate Judge, (The Motor Accidents Claims Tribunal), Attur. 1 cc to Mr.P. Jagadeeswaran, Advocate, SR. 8412 C.M.A.No.643 of 2009 RSM (CO) kk 3/4 https://hcservices.ecourts.gov.in/hcservices/