IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 2726 of 2003 The Managing Director, Tamilnadu State Transport Corporation Limited, (Salem division II), Bharathipuram, Dharmapuri. .. Appellant/I respondent Vs. Madhachetty .. Respondent/petitioner Appeal filed under Section 173 of M.V. Act against the award and decree 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. For Appellant : Mr. P. Jagadeeswaran For Respondents : Mr. M. Selvaraj for M/s. T. Pappaiah Dharmarajan 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 14.10.2000. The injured claimant Madha Chetty, aged 55 years, working as a mason, was travelling as a passenger in the appellant transport corporation bus, which was driven in a rash and negligent manner and dashed against a lorry. In that accident, the injured claimant Madha Chetty suffered fracture of hip, right leg and fracture of rib bones and pelvic bone. He was treated initially at Government Hospital, Dharmapuri and thereafter at St. John Hospital, https://hcservices.ecourts.gov.in/hcservices/ Bangalore. He claimed a sum of Rs.5,00,000/- as compensation stating that his income was Rs.5,000/-. 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 A7 were marked. 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. The Tribunal fixed the income of the injured claimant at Rs.3,000/- p.m. For the disability assessed at 60% and based on the age, occupation, injury suffered by the injured claimant, the Tribunal granted the following amount as compensation with interest at 9% p.a. Sl.No. Head Amount granted by this Court 1 Loss of income during the period of treatment Rs. 6,000/- 2 Transport expenses Rs. 7,300/- 3 Medical expenses Rs. 40,700/- 4 Pain and suffering Rs. 10,000/- 5 Disability at 60% Rs.1,20,000/- 6 Extra nourishment Rs. 1,000/- Total Rs.1,85,000/- 5. In appeal, it is contended by the learned counsel for the appellant that the sum of Rs.1,20,000/- granted for the disability assessed at 60% is not justified and therefore, the compensation has to be reduced. 6. Learned counsel for the claimant on the other hand pleaded that the award in this case is justified considering the age of the injured claimant and the disability which will affect the earning capacity of the injured claimant. 7. The Tribunal has merely on the basis of the disability at 60% granted a sum of Rs.1,20,000/- . This is based on three assessment viz., 20% disability assessed for the fracture of right leg, 20% disability for the fracture of rib bones and 20% disability for the fracture of pelvic bones. The claimant however is entitled to just compensation for the disability assessed at 60%. However, it cannot be a bonanza. There is no material to show that the disability is continuing even after the initial treatment. https://hcservices.ecourts.gov.in/hcservices/ 8. Considering the nature of injury, the period of treatment and the disability assessed, the claimant is entitled to higher compensation for pain and suffering, extra nourishment and loss of income during the period of treatment. Considering all these aspects, the award of the Tribunal stands modified as follows:- Sl.No. Head Amount granted by this Court Amount granted by this Court 1 Loss of income during the period of treatment Rs. 6,000/- Rs. 9,000/- 2 Transport expenses Rs. 7,300/- Rs. 7,300/- 3 Medical expenses Rs. 40,700/- Rs. 40,700/- 4 Pain and suffering Rs. 10,000/- Rs. 25,000/- 5 Disability at 60% Rs.1,20,000/- Rs. 70,000/- 6 Extra nourishment Rs. 1,000/- Rs. 7,000/- 7 Attendant charges -- Rs. 5,000/- Total Rs.1,85,000/- Rs.1,64,000/- 9. Since the accident happened in the year 2000 and the award was passed in the year 2003, the interest awarded by the Tribunal at 9% stands modified to 7.5% following the decision of the Apex Court reported in 2005 (3) C.T.C. 373 (Tamil Nadu State Transport Corporation vs. S.Rajapriya). 10. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is reduced to Rs.1,64,000/- from Rs.1,85,000/-. (ii) The award amount will bear interest at 7.5% per annum from the date of claim petition till date of deposit. (iii) Learned counsel for the appellant stated that entire award amount has been deposited and the claimant has been permitted to withdraw 50% of the amount deposited. The claimant is entitled to withdraw the balance amount as per the order of this Court. (iv) Appellant transport corporation is entitled to withdraw the balance amount with interest after settling the claimants. https://hcservices.ecourts.gov.in/hcservices/ (v) There will be no order as to costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To 1. The Motor Accident Claims Tribunal, ( 3rd Additional District Judge) Krishnagiri. 2. The Section Officer VR Section, High Court, Madras 1 cc to Mr.P. Jagadeeswaran, Sr. 71873 1 cc to Mr.T. Pappaiah Dharmarajan, SR. 71973 CMA No. 2726 of 2003 VSK (CO) kk 28/1 https://hcservices.ecourts.gov.in/hcservices/