1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI CMA.No(MD)No.541 of 2011 and MP(MD)No.3 of 2011 The General Manager, Tamil Nadu State Transport Corporation Ltd., Vannarpettai, Tirunelveli. :Appellant/Respondent -Vs- Ponniah :Respondent/Petitioner PRAYER:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.06.2009 made in M.C.O.P.No.282 of 2008 on the file of the Motor Accident Claims Tribunal/Principal Sub-Court, Tirunelveli. For Appellant : Mr.M.Prakash JUDGMENT This Civil Miscellaneous Appeal is taken up for final disposal on merits at the admission stage. 2.The respondent/State Transport Corporation is the appellant herein. This Civil Miscellaneous Appeal is directed against the award of compensation of Rs.2,23,380/- in favour of the injured/claimant in the accident occurred at 02.20 p.m on 21.05.2008 near Karunkulam on Tirunelveli to Tiruchendur main road due to rash and negligent driving of the bus belonging to the respondent/State Transport Corporation. 3.The date, time and place and manner of the accident, involvement of the claimant in the accident, nature of the injuries sustained by him, nature and duration of the treatment undergone by him, quantum of medical expenses incurred by him, nature and extent of permanent disability suffered by the claimant due to the injuries sustained by him and his age, avocation and monthly earning, are not so seriously denied. 4.The Tribunal on the basis of the evidence let in awarded compensation of Rs.2,23,380/- under the following heads: Permanent disability :Rs. 50,000/- Loss of Earning capacity :Rs. 50,000/- Loss of Income during the treatment period :Rs. 20,000/- Pain and suffering :Rs. 15,000/- Attender's expenses :Rs. 10,000/- Transport to hospital :Rs. 5,000/- Extra Nourishment :Rs. 5,000/- Medical Expenses :Rs. 68,380/- ------------- Total :Rs.2,23,380/- ------------- https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned counsel for the appellant has in this appeal seriously questioned the award of compensation of Rs.50,000/- each for permanent disability and loss of future earning capacity and Rs.20,000/- for loss of income during the treatment period and Rs.10,000/- for attender's expenses on the ground that the Tribunal ought not to have awarded separate compensation for loss of permanent disability and loss of earning capacity and on further ground that the compensation awarded under the heads are exorbitant and excessive. 6.It is not in dispute that the claimant sustained multiple injuries and multiple fracture and underwent operation as inpatient under hospitalisation. His fracture and disability was on the basis of medical records and on personal examination of the claimant assessed at 50% by P.W.2 qualified medical practitioner. The restriction of movements, discomfort and inconvenience experienced by him and the impact of his permanent disability upon his day-to-day activities is also spoken by P.W- 1/claimant. 7.Considering the nature of the injuries and nature and duration of the treatment given to the claimant and his age, the award of compensation of Rs.50,000/- each under different headings can be clubbed and awarded as compensation under single heading for loss of permanent disability and earning capacity. In that event, the same does not appear to be on higher side. In my considered view, the compensation awarded by the Tribunal under other headings are just, reasonable and adequate and this Court does not find any reason to entertain this appeal on merits. 8.In the result, this Civil Miscellaneous Appeal is dismissed confirming the award dated 30.06.2009 made in M.C.O.P.No.282 of 2008 on the file of the Motor Accident Claims Tribunal/Principal Sub-Court, Tirunelveli. The appellant/State Transport Corporation is directed to deposit the award amount into Court, if not deposited till date, within two months from the date of receipt of the copy of this order and on such deposit of the amount into Court, the claimant is permitted to withdraw the entire award amount with accrued interest and costs. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: The Motor Accident Claims Tribunal/ Principal Sub Judge, Tirunelveli. +1CC to Mr.M.Prakash, Advocate. SR.No.15654. Pm CMA(MD).No.541 of 2011 RP/24.06.2011/2P/3C. 27.04.2011 . https://hcservices.ecourts.gov.in/hcservices/