IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 1715 of 2003 ........ The Managing Director, Tamilnadu State Transport Corporation (Salem division II) Limited, Bharathipuram, Dharmapuri. .. Appellant/ respondent Vs. M. Muniappan .. Respondent/petitioner Appeal filed under Section 173 of M.V. Act against the award and decree dated 26.2.2003 made in MCOP No. 503 of 2001 on the file of the Motor Accident Claims Tribunal ( Sub Court) Krishnagiri. For Appellant : Mr. P. Jagadeeswaran For Respondents : Mr. Aniruthan ......... JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 10.4.2003 made in MCOP No. 714 of 2002 on the file of the Motor Accident Claims Tribunal ( 3rd Additional District Judge) Krishnagiri. 2. It is a case of injury. The accident in this case happened on 19.5.2001. The injured claimant Muniappan, aged 55 years, working as a Senior Inspector of Co-operative Societies, was riding a TVS 50 moped when he was hit by the appellant transport corporation bus. In that accident, he suffered fracture of right wrist and injuries to all over the body. He was initially treated in the Government Hospital, Krishnagiri and thereafter in a private hospital. He claimed a sum of Rs.3,00,000/- as compensation stating that his income was Rs.8,000/- p.m. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Ashokkumar was examined as P.W.2. Documents Exs.A1 to A4 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the wound certificate. Ex.A3 series are the medical bills. Ex.A4 is the disability certificate. On behalf of the appellant/ respondent before the Tribunal, driver of the bus was examined as R.W.1. No documentary evidence was filed on behalf of the appellant/ respondent before the Tribunal. 4. Considering the disability assessed at 40%, age and occupation of the injured claimant, the Tribunal granted the following amount as compensation with interest at 9% p.a. Sl.No. Head Amount granted by the Tribunal 1 Pain and suffering, transport expenses and loss of income Rs. 30,000/- 2 Medical expenses Rs. 4,000/- 3 Disability at 40% Rs. 80,000/- Total Rs.1,14,000/- 5. In appeal, it is contended by the learned counsel for the appellant that the Tribunal erred in granting a sum of Rs.80,000/- for the disability assessed at 40% and hence, the compensation has to be reduced. 6. The learned counsel for the claimant on the other hand stated that no amount has been granted for extra nourishment, attender charge and therefore, the excess amount granted the disability can be adjusted on those heads. 7. In the view of the decision of a Division Bench of this Court in Bhagavathy.M. vs. Thiruvalluvar Transport Corporation Limited reported in 2005 (5) C.T.C. 745, the order of the Tribunal granting compensation in a sum of Rs.80,000/- for 40% disability is excessive. From the evidence on record, there is no material to support the higher compensation. Therefore, the claimant is entitled to a sum of Rs.40,000/- for the disability assessed at 40%. As pleaded by the learned counsel for the claimant, a further sum of Rs.10,000/- is granted towards pain and suffering. The claimant is entitled to a sum of Rs.5,000/- towards attendant charges and Rs.5,000/- towards extra nourishment. Other amount of Rs.4,000/- granted for medical expenses is not in dispute and the same is confirmed. Accordingly, the award of the Tribunal stands modified as follows:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Pain and suffering, transport expenses and loss of income Rs. 30,000/- Rs.40,000/ - 2 Medical expenses Rs.4,000/- Rs.4,000/- 3 Disability at 40% Rs.80,000/- Rs.40,000/ - 4 Attendant charges -- - Rs.5,000/- 5 Extra nourishment -- - Rs.5,000/- Total Rs.1,14,000/ - Rs.94,000/ - 8. Since the accident happened in the year 2001 and the award was passed in the year 2003, the interest awarded by the Tribunal at 9% stands reduced to 7.5% in view of the decision of the Apex Court reported in 2005 (3) C.T.C. 373 (Tamil Nadu State Transport Corporation vs. S.Rajapriya). 9. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is reduced to Rs.94,000/- from Rs.1,14,000/-. (ii) The interest granted at 9% is reduced to at 7.5% per annum . (iii) Learned counsel for the appellant stated that entire award amount has been deposited. The claimant is entitled to withdraw the amount as per the order of this Court. (iv) Appellant transport corporation is entitled to withdraw the excess amount in deposit with interest after settling the claimants. (v) There will be no order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ra To The Motor Accident Claims Tribunal, ( Subordinate Judge) Krishnagiri. Copy to: The Section Officer, VR Section, High Court, Madras. 1 cc To Mr.P.Jagadeeswaran, Advocate, SR.71875 CMA No. 1715 of 2003 CK(CO) SRA(09/02/2009) https://hcservices.ecourts.gov.in/hcservices/