IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.3.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.632 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Vellore. ... Appellant/Respondent vs. K.Sankar. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 25.3.2008 passed in M.C.O.P.No.251 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub Court), Cheyyar. For appellant : Mrs.B.Vijayalakshmi ----- JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 25.3.2008 passed in M.C.O.P.No.251 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub Court), Cheyyar. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 27.4.2003. The injured claimant K.Sankar, aged 30 years, an electrician and agricultural labourer, was travelling in the appellant transport corporation bus. Due to rash and negligent driving by the driver of the bus, the bus hit a tamarind tree. In that accident, the said Sankar suffered fracture in his left elbow, left hand middle finger, left hand index finger and injuries in the rest of the body. Immediately after the accident, he was taken to Puthur Bone Setting Hospital, then he had treatment at Government Hospital, Kancheepuram. He filed a claim for compensation under Section 166 of the Motor Vehicles Act, in a sum of Rs.3,00,000/- for the injuries suffered in the accident. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Balakrishnan, was examined as P.W.2. Exs.A-1 to A-4 were marked, the details of which are as follows:- Ex.A-1 is the FIR, Ex.A-2 is the wound certificate, Ex.A-3 is the disability certificate and Ex.A-4 is the X-Ray. No oral or documentary evidence was let in on behalf of the appellant transport corporation. 4. Considering the oral and documentary evidence, the injuries suffered by the claimant and the disability assessed by the doctor at 35% under Ex. A-3, the disability certificate, the Tribunal granted the following amounts as compensation with 7.5% interest per annum:- Sl.No. Head Amount granted by the Tribunal 1 For grievous injury Rs.20,000/- 2 For two simple injuries (Rs.3,000/- each) Rs. 6,000/- 3 Pain and suffering Rs. 5,000/- 4 Transport expenses Rs. 2,000/- 5 Disability assessed at 35% Rs.20,000/- Total Rs.53,000/- 5. The Tribunal discussed the negligence in paragraph 6 of the award in answer to point No.1 and held that the negligence was on the part of the driver of the appellant transport corporation bus based on Ex.A-1 FIR and the oral evidence of the injured claimant. There is no material to controvert the same. The finding of negligence on the part of the driver of the appellant transport corporation bus, as responsible for the accident and the injury and the liability fixed on the appellant transport corporation, cannot be and is not seriously disputed by the counsel for the appellant in the appeal and the same is confirmed. 6. The only serious contention raised by the learned counsel for the appellant is on the quantum of compensation, particularly, the sum of Rs.20,000/- granted towards grievous injuries and the sum of Rs.6,000/- granted towards simple injuries are not correct, since sufficient compensation has been granted for the disability. Further, the disability assessed at 35% is on the higher side. https://hcservices.ecourts.gov.in/hcservices/ 7. On perusing the award, this court is not inclined to interfere with the award of the Tribunal on the above contention for the following reasons:- (i) The accident in this case happened on 27.4.2003. (ii) In the accident, the claimant suffered fracture in his left elbow, left hand middle finger, left hand index finger and injuries in the rest of the body. He had taken treatment at Puthur Bone Setting Hospital and then at Government Hospital, Kancheepuram. (iii) No amount was granted towards attender charges and extra nutritious food expenses. (iv) The sum of Rs.2,000/- granted towards transport expenses and the sum of Rs.5,000/- granted towards pain and suffering are very low. (v) The doctor assessed the disability at 35% under Ex.A-3. The Tribunal, however, granted a meagre sum of Rs.20,000/- for the disability. There is no material produced on behalf of the appellant to justify and reduce the disability assessed by the doctor. (vi) No amount was granted towards loss of income during the period of treatment and convalescence. (vii) Therefore, this court has to consider as to whether the total compensation granted in a sum of Rs.53,000/- is just and reasonable. (viii) As observed earlier, no amount has been granted for loss of income atleast for three months during the period of treatment and convalescence. No amount has been granted towards attender charges and towards extra nourishment expenses. For pain and suffering and transport expenses, meagre amount has been granted. Therefore, the sum of Rs.20,000/- granted towards grievous injury and the sum of Rs.6,000/- granted towards two simple injuries can be adjusted on various heads which are omitted. (ix) Considering all these aspects, the total compensation granted at Rs.53,000/- does not require any further reduction as also the interest granted at 7.5% as the accident in this case happened in the year 2003 and the award is of the year 2008. https://hcservices.ecourts.gov.in/hcservices/ 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is permitted to withdraw the same. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To The Subordinate Judge, (The Motor Accidents Claims Tribunal), Cheyyar. + 1 CC To Mr.B.Vijayalakshmi, Advocate SR NO.8527 Judgment in C.M.A.No.632 of 2009 BV {CO} TP/23.4.2009. https://hcservices.ecourts.gov.in/hcservices/