IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.3.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.687 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Rangapuram, Vellore. ... Appellant/Respondent vs. Kannaiyan. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 19.6.2008 passed in M.C.O.P.No.293 of 2006 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tirupattur, Vellore District. For appellant : Mrs.B.Vijayalakshmi JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 19.6.2008 passed in M.C.O.P.No.293 of 2006 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tirupattur, Vellore District. 2. It is a case of injury and damage of the car. The brief facts of the case are as follows:- The accident in this case happened on 14.5.2006. The injured claimant Kannaiyan, aged 60 years, business by profession, was travelling in his Maruthi Car along with his wife Gowri and his daughter Gayathri. The appellant transport corporation bus driven by its driver in a rash and negligent manner hit the said car. In that accident, the occupants of the car including the claimant Kannaiyan suffered injuries. The Maruthi car was completely damaged. He filed a claim for compensation under Section 166 of the Motor Vehicles Act, in a sum of Rs.1,00,000/- for https://hcservices.ecourts.gov.in/hcservices/ the injuries suffered to him and the damage caused to the Maruthi car in the accident. 3. The claim was adjudicated along with connected claim M.C.O.P.No.310 of 2006. In support of the claim on hand, the injured claimant was examined as P.W.1. Exs.A-1 to A-12 were marked, the details of relevant documents are as follows:- Ex.A-1 is the copy of FIR dated 14.5.2006, Ex.A-2 is the wound certificate, Ex.A-3 is the copy of Registration Certificate of the Maruthi Car, Ex.A-4 is the copy of driving licence, Ex.A-5 is the copy of insurance policy, Ex.A-6 is the copy of Motor Vehicle Inspector's Inspection Report dated 16.5.2006, Ex.A-7 series are the bills for repairing the car, Ex.A-8 is the photo and negative of the damaged car, Ex.A-9 is the Complaint dated 14.5.2006 given by Mr.Harikrishna to Pallikonda Police Station and Ex.A-10 series are the two taxi receipts dated 16.5.2007. The driver of the appellant transport corporation bus was examined as R.W.1. No document was marked on behalf of the appellant transport corporation. 4. Considering the oral and documentary evidence, the injuries suffered by the claimant, the Tribunal granted the following amounts as compensation with 6% interest per annum:- Sl.No. Head Amount granted by the Tribunal 1 Pain and suffering Rs. 2,000/- 2 Medical expenses Rs. 2,000/- 3 Medical bills Rs. 2,000/- 4 Transport expenses Rs. 2,000/- 5 Extra nourishment expenses Rs. 1,000/- 6 Loss of income Rs. 3,000/- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 7 Damages to Maruthi Car as per Ex.A-7 Rs.47,550/- Total Rs.59,550/- 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. There is no material to controvert the same. The evidence of R.W.1, the driver of the bus, did not appeal to the Tribunal on merits. 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. He pleaded that the sum of Rs.3,000/- granted towards loss of income does not arise. Therefore, the compensation has to be reduced. 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 14.5.2006. It is stated that the claimant is earning Rs.10,000/- per month by way of business. (ii) In the accident, the Maruthi Car was damaged. According to bills Ex.A-7, the Tribunal granted a sum of Rs.47,550/- towards damage of the Maruthi Car, which is not in dispute. (iii) Considering the wound certificate, the Tribunal came to conclusion that the claimant suffered injuries and granted some amounts under various heads as above, totalling to Rs.12,000/-. This amount is marginal and not excessive nor fanciful. (iv) The rate of interest in this case granted is only at 6% which is on the lower side. (v) The sum of Rs.3,000/- granted towards loss of income can be adjusted towards the lesser rate of interest granted at 6%. (vi) Considering all these aspects, the total compensation granted at Rs.59,550/- does not require any further reduction as also the interest granted at 6%. 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), Tiruppattur, Vellore District. 1 cc To Mr.B.Vijayalakshmi, Advocate, SR.8615. C.M.A.No.687 of 2009 CK(CO) RVL 06.04.2009 https://hcservices.ecourts.gov.in/hcservices/