IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.4.2009 CORAM:- THE HONOURABLE MR JUSTICE R. SUDHAKAR C.M.A.No. 557 of 2009 The Managing Director, Tamilnadu State Transport Corporation Ltd., Coimbatore Division-II Chennimalai Road, Erode.1. .. Appellant Vs. 1. T. Kalaiselvi 2. K. Shanmugam(given up) .. Respondents Appeal filed under Section 173 of M.V. Act against the order and decree dated 14.12.2007 passed in MCOP No. 688 of 2006 on the file of the Motor Accident Claims Tribunal (Additional District Court) Erode. For Appellant : Mr. N. Anand JUDGMENT Transport Corporation has filed this appeal challenging the award dated 14.12.2007 passed in MCOP No. 688 of 2006 on the file of the Motor Accident Claims Tribunal (Additional District Court) Erode. 2. The finding of negligence on the part of the driver of the appellant transport corporation bus and the liability fixed on the appellant to compensate the claimant is not disputed by the learned counsel for appellant. 3. It is a case of injury. The accident in this case happened on 19.9.2006. The claimant lady Kalaiselvi, aged about 55 years, a power loom yarn winding coolie was travelling in the appellant transport corporation bus. The transport corporation bus while overtaking a lorry hit a van coming in the opposite direction and in that accident, the claimant suffered injuries on several parts of her body. She was treated at Government Hospital, Erode. She claimed a sum of Rs.1,00,000/- as compensation. https://hcservices.ecourts.gov.in/hcservices/ 4. In support of the claim, the claimant was examined as P.W.1. Documents Exs.P1 to P12 were marked. Ex.P1 is the copy of the F.I.R. Ex.P2 is the copy of the observation mahazar. Ex.P3 is the copy of the rough sketch. Ex.P4 is the copy of the wound certificate. Ex.P5 is the copy of the M.V.I. Report. Ex.P6 and P7 are the copy of the M.V.I. Reports. Ex.P8 is the copy of the charge sheet. Ex.P9 is the scan bill. Ex.P10 is the scan report. Ex.P11 is the medical prescription. Ex.P12 is the medical bills. On behalf of the appellant transport corporation/ 2nd respondent before the tribunal, the driver of the bus was examined as R.W.1. No documentary evidence was let in on behalf of the appellant/ 2nd respondent before the Tribunal. 5. As far as the compensation is concerned, the same was decided by the Tribunal in paragraphs 15 to 19 of the award. As per Ex.P4 wound certificate, the Tribunal came to the conclusion that the claimant suffered lacerated injuries on the right and left leg and contusion on the face, forehead and back of the chest. The evidence of the claimant also is to the same effect. In the prescription Ex.P11, it is recorded as above. The Tribunal, for injuries suffered and the pain and suffering undergone by her, granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount grantged by the Tribunal 1 Pain and suffering Rs.25,000/- 2 Medical expenses Rs. 780/- 3 Extra nourishment and transport expenses Rs. 1,000/- Total Rs.26,780/- 6. In appeal it is contended by the learned counsel for the appellant that the sum of Rs.25,000/- granted for pain and suffering is excessive. 7. This Court is not inclined to accept the contention of the learned counsel for the appellant for reducing the quantum of compensation for the following reasons:- (i) The injured claimant is a powerloom coolie suffered bleeding injuries while travelling in the bus. (ii) She was treated at Government Hospital, Erode, and that is not disputed. (iii) Due to the injuries and for the period of treatment, there will be loss of income during the period of treatment and she would have to be compensated for attender charges, extra nourishment https://hcservices.ecourts.gov.in/hcservices/ etc. (iv) Even if the amount of Rs.25,000/- granted for pain and suffering is marginally higher, the excess amount can be adjusted on the above two heads which have been omitted. (v) Considering all the above aspects, the quantum of compensation in a sum of Rs.26,780/- does not require any further reduction. 8. Finding no merits, the civil miscellaneous appeal is dismissed at the admission stage. Learned counsel for the appellant seeks eight weeks time to deposit the balance award amount and the same is allowed. On such deposit, the claimant is permitted to withdraw the amount as per the order of the Tribunal. Sd/- Asst. Registrar / True Copy / Sub.Asst Registrar ra To The file of the Motor Accident Claims Tribunal, (Additional District Court) Erode. + 1 cc to Mr.N.Anand,Advocate,SR.12529 CMA No. 557 of 2009 RB(CO) EM/11.6.09 https://hcservices.ecourts.gov.in/hcservices/