IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.04.2011 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1225 OF 2008 & M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation, Villupuram. ... Appellant/Respondent Vs . B.Munusamy ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree made in M.C.O.P.No.484 of 2005, dated 27.09.2006 on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court at Gingee. For Appellant : Mrs.B.Vijayalakshmi For Respondents : Mr.M.R.Sivakumar JUDGMENT The above Civil Miscellaneous Appeal has been filed by the appellant / State Transport Corporation against the Judgment and Decree made in M.C.O.P.No.484 of 2005, dated 27.09.2006 on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court, Gingee. 2. The short facts of the case are as follows:- On 17.11.2004 the claimant was travelling in the respondent bus bearing Registration No.TN32-N-1462 from Ginjee to Villupuram, when the bus had reached Palapattu, when at that time, the driver had suddenly applied the brake, as a result, he had fallen down on the ground and sustained grievous injuries. Hence, the claim petition filed against the respondent for compensation a sum of Rs.6,00,000/- with interest. 3.The State Transport Corporation had filed a counter statement and resisted the claim petition. The respondent denied the age, income, occupation, nature of injuries, period of medical treatment, medical expenses and disability. Actually, on 17.11.2004, https://hcservices.ecourts.gov.in/hcservices/ at around 10.30 p.m., the driver had driven the bus with due caution at moderate speed, when the bus was nearing Palapattu, when at that time, the conductor had given a whistle and the bus was stopped, thereafter the passengers alighting and boarding the bus had started with around 160 passengers. One passenger was hanging at the front door foot-board and his entire body was leaning outside the bus and in the way lost his grip and fell down, as such the accident had occurred. Therefore, the respondent is not liable to pay compensation besides the claim amount is excessive. 4.On the plea of both parties, the Tribunal had framed two issues for consideration, namely; “(i)Was the accident committed by the driver of the bus in a rash and negligent manner? (ii)Whether the claimant is entitled to receive compensation? If so what is the quantum of compensation?” 5.On the side of the claimant two witnesses had been examined and twenty seven documents were marked. On the side of the respondent no witness was examined and no document was marked. 6.PW1 had adduced evidence stating that on 17.11.2004 at around 11.10 p.m., he was travelling from Ginjee to Villupuram when the bus was nearing the place of Palapattu, the driver had applied the brake and in the result, he had fallen down on the ground, consequently, the rear wheel of the bus ran over his left leg. Immediately, he was taken to the Government Hospital, Ginjee for preliminary treatment, thereafter he was shifted to Ramachandra Hospital, Porour, wherein he had undergone treatment for a lengthy period as an inpatient. On five occasions, he was an inpatient at the above said hospital. At the time of the accident his age was 33 years and he was engaged as a Forest Watcher attached to the Forest Department. He further stated that for about 7 months he had not attended the duty. During the medical treatment, he had undergone surgical operation. PW2 doctor had examined the claimant and assessed the disability as 44%. He had stated that the claimant's left leg was shortened by 1.5 cm and skin grafting was conducted and a steel rod was fixed in the operated side of the left leg. 7.On the evidence of the witnesses and documentary evidence, the Tribunal had awarded a sum of Rs.5,28,845/- with interest at the rate of 7.5% per annum. 8.Aggrieved by the said award, the appellant has filed the above appeal to scale down the compensation. https://hcservices.ecourts.gov.in/hcservices/ 9.The learned counsel for the appellant argued that the Tribunal had awarded the compensation which is on the higher side. The Tribunal had awarded a sum of Rs.70,595/- towards medical expenses, Rs.50,000/- for mental agony, Rs.50,000/- towards pain and suffering, Rs. 1,75,000/- towards disability and Rs.1,25,000/- towards future loss of earning, these heads are not appropriate. The learned counsel further argued that the claimant is a Government servant and he is continuing in the same job, hence loss of future earning in the head of compensation is not applicable. 10.Learned counsel for the claimant argued that the claimant had sustained bone fracture injuries and he had undergone treatment for a lengthy period at the private hospital as an inpatient as well as outpatient. Due to the accident, he is unable to perform his normal duty as a forest watcher for around one year, therefore, the claimant is entitled to receive adequate compensation for one year's salary is not less than Rs.60,000/-, but the Tribunal had awarded a sum of Rs.20,000/- under the said head, besides the claimant's right leg was shortened by 1.5 cms, he had undergone surgical operation which is also included skin grafting operation, it was an admitted fact that as per medical records that the claimant had undergone treatment for about one year. The claimant is entitled to receive compensation under the head of discomfort and loss of amenities. Due to the accident, the claimant's physical condition had become abnormal. Therefore, the physical condition is not conducive for promotions even though he is possessing the academic qualifications. 11.On considering the facts and circumstances of the case and arguments advanced by the learned counsels and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that considering the compensation under the heads of disability, mental agony, loss of future earning power are not appropriate, therefore a slight modification is necessary in the instant case, hence, this Court grants the compensation as follows:- Rs.38,000/-, Rs.30,000/-, Rs.60,000/-, Rs.84,000/-, Rs.12,000/-, Rs.25,000/-, Rs.15,000/- and Rs.2,00,000/- granted towards disability, pain and suffering, loss of income during the medical treatment period and convalescent period, transport, nutrition, attender charges, future medical expenses and loss of amenities left leg was shortened by 1.5 cm and discomfort. In total, this Court awards a sum of Rs.4,64,000/- with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation. Therefore, this Court scales down the compensation from Rs.5,28,845/- to Rs.4,64,000/- with interest, since it is being found to be fair and justifiable. https://hcservices.ecourts.gov.in/hcservices/ 12.On 01.04.2008, this Court imposed a condition on the appellant / Transport Corporation to deposit 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.484 of 2005, on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court, Gingee. Therefore, this Court directs the appellant / Transport Corporation to deposit the balance modified compensation amount to the credit of M.C.O.P.No.484 of 2005, on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court, Gingee within a period of six weeks from the date of receipt of this order. After such a deposit being made, it is open to the claimant to withdraw the modified compensation amount lying in the credit of M.C.O.P.No.484 of 2005, on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court, Gingee, after filing a Memo along with this order. 13.Resultantly, the above Civil Miscellaneous Appeal is partly allowed. Consequently, the Award and Decree, passed by the Motor Accidents Claims Tribunal, Sub Court, Gingee made in M.C.O.P.No.484 of 2005 , dated 27.09.2006 is modified. There is no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar r n s To 1. The Sub Court Motor Accident Claims Tribunal, Gingee. 2. The Section Officer, VR. Section, High Court, Mdras. + 1 cc to Mr.M.R. Sivakumar, SR.24048 + 1 cc to M/s. B. Vijayalakshmi, Sr.24188 C.M.A.No.1225 OF 2008 SP(CO) Eu 3.6.11 https://hcservices.ecourts.gov.in/hcservices/