1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.475 of 2011 and MP(MD)No.1 of 2011 1.Tamil Nadu State Transport Corporation rep. through its Managing Director Bye-pass Road, Madurai – 10. 2.Tamil Nadu State Transport Corporation rep.through its Managing Director Division – V, Virudhunagar. .. Appellants/Respondents Vs. K.Ramamoorthy .. Respondent/Petitioner Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the award dated 11.05.2009 passed in MCOP.No.887 of 2000 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.III, Madurai. For Appellant : Mr.K.Srinivasan For Respondent : No appearance JUDGMENT The award dated 11.05.2009 passed in MCOP.No.887 of 2000 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.III, Madurai is being challenged in the present Civil Miscellaneous Appeal. 2. The respondent herein as petitioner has filed MCOP No.887 of 2000 on the file of the Motor Accidents Claims Tribunal praying to pass an award of Rs.1,00,000/-, wherein the present appellants have been shown as respondents. 3. It is averred in the petition that on 25.06.1999 at about 15.45 hours, the petitioner has travelled in a Jeep bearing Registration No.TN- W-2925 and the same has been driven from south to north. At that time the driver of the respondents has driven the bus bearing Registration No.TN- 59-N-0940 from opposite direction in rash and negligent manner and dashed against the Jeep bearing Registration No.TN-W-2925. Due to accident, the petitioner has sustained multiple grievous injuries. Since the entire accident has happened only due to rash and negligent driving of the driver of the respondents, the present petition has been filed for getting compensation as mentioned therein. 4. In the counter filed on the side of the respondents it is averred that the entire accident has happened only due to rash and negligent driving of the driver of the Jeep and it is false to say that the accident has happened due to rash and negligent driving of the driver of the respondents. The petitioner has claimed excessive compensation and there is no merit in the petition and the same deserves to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 2 5. On the basis of the divergent evidence put forth on either side, the Motor Accidents Claims Tribunal has awarded a sum of Rs.56,000/- by way of compensation. Against the quantum of compensation awarded by the Motor Accidents Claims Tribunal the present Civil Miscellaneous Appeal has been preferred at the instance of the respondents as appellants. 6. The learned counsel appearing for the appellants/respondents has contended that the respondent/petitioner has sustained only 19% disability and the Motor Accidents Claims Tribunal has awarded Rs.38,000/- towards permanent disability. Under the said circumstances the award passed by the Motor Accidents Claims Tribunal is liable to be modified. 7. In fact, this Court has perused Ex.P8, disability certificate, wherein it has been stated that due to accident, the respondent/petitioner has sustained three fractures in vital part of his body. Since the respondent/petitioner has sustained three fractures in vital part of his body, the Motor Accidents Claims Tribunal has rightly awarded Rs.38,000/- towards permanent disability. The Motor Accidents Claims Tribunal has awarded Rs.12,000/- towards pain and suffering, Rs.5,000/- towards nourishment and Rs.1,000/- towards transportation. Considering the nature of the injuries sustained by the respondent/petitioner, this Court is of the view that the Motor Accidents Claims Tribunal has rightly awarded compensation of Rs.56,000/-. 8. The learned counsel appearing for the appellants/respondents has contended that at the time of passing the award in question only 7.5% interest is in vogue. But the Motor Accidents Claims Tribunal has erroneously awarded 9% interest. Considering the above aspect, this Court is of the view to award only 7.5% interest instead of 9% and to that extent the present Civil Miscellaneous Appeal is liable to be allowed in part. 9. In fine, this Civil Miscellaneous Appeal is allowed in part without cost and the quantum of award passed by the Motor Accidents Claims Tribunal/Additional District and Sessions Court/Fast Track Court No.III, Madurai is confirmed. However, the respondent/petitioner is entitled to get only 7.5% interest. Connected Miscellaneous petition is closed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To Additional District and Sessions Judge, The Motor Accidents Claims Tribunal, Fast Track Court No.III, Madurai. C.M.A(MD)No.475 of 2011 08.07.2011 mj RJ/20.7.11 2p/2c https://hcservices.ecourts.gov.in/hcservices/