IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.2.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.388 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation, Division No.1, Villupuram. ... Appellant/Respondent vs. Jayaraman. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 28.7.2008 passed in M.C.O.P.No.4 of 2006 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Cuddalore. For appellant : Mr.V.Kasiviswanathan JUDGMENT The Tamil Nadu Transport Corporation is on appeal challenging the award dated 28.7.2008 passed in M.C.O.P.No.4 of 2006 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Cuddalore. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 30.7.2005.The injured claimant Jayaraman, aged 48 years, an agriculturist and building construction helper (coolie), was riding a bicycle. He was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident the claimant suffered fracture to the right hand,injury to the right elbow, injury to both shoulders,multiple grievous injuries all over the body. He was treated at Government Headquarters Hospital, Cuddalore and thereafter https://hcservices.ecourts.gov.in/hcservices/ at private hospital.He filed a claim for compensation in a sum of Rs.5,00,000/- for the injury suffered in the accident stating that he was earning a sum of Rs.6,000/- per month at the time of accident. 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Venugopal, was examined as P.W.2. Exs.A-1 to A-6 were marked, the details of which are as follows:- Ex.A-1 is the copy of FIR, dated 5.8.2005, Ex.A-2 is the copy of Motor Vehicle Inspector's Inspection Report dated 17.8.2005, Ex.A-3 is the copy of accident register dated 30.7.2005, Ex.A-4 is the copy of charge sheet dated 30.8.2005, Ex.A-5 is the disability certificate dated 13.3.2008 and Ex.A-6 is the X-Ray. On behalf of the appellant transport corporation, the respondent before the Tribunal, the conductor of the bus was examined as R.W.1 and the letter of appellant transport corporation sent to the Deputy Superintendent of Police was marked as Ex.B-1. 4. The Tribunal based on the oral and documentary evidence on record, came to the conclusion that the driver of the appellant transport corporation bus was rash and negligent in driving the bus and was responsible for the accident, in which the claimant suffered injuries and consequently, the liability to compensate the injured claimant was fixed on the appellant transport corporation. Such finding of the Tribunal is not seriously disputed by the learned counsel for the appellant and the same is confirmed. 5. As far as quantum of compensation is concerned, the Tribunal, based on the oral and documentary evidence, age, occupation, period of treatment, nature of injury suffered by the claimant and the disability assessed at 40%, granted the following amount as compensation with interest at 7.5% per annum:- Sl.No. Head Amount granted by the Tribunal 1 Disability assessed at 40% Rs.40,000/- 2 Loss of income for six months (Rs.3,000/- per month) Rs.18,000/- 3 Future medical expenses Rs. 5,000/- 4 Transport expenses Rs. 2,500/- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 5 Attender charges Rs. 2,500/- 6 One grievous injury and two simple injuries Rs. 7,000/- 7 Extra nourishment Rs. 5,000/- 8 Pain, shock and suffering Rs.15,000/- Total Rs.95,000/- 6. In appeal, the learned counsel for the appellant pleaded that the sum of Rs.18,000/- granted towards loss of income and the sum of Rs.7,000/- granted for the injuries over and above the amount granted towards disability is not justified. Therefore, the quantum of compensation has to be reduced. 7. While going through the award of the Tribunal, this Court is not inclined to interfere with the quantum of compensation on the above said contention for the following reasons:- (i) The accident in this case happened on 30.7.2005. The injured claimant was 48 years old at the time of accident. (ii) The claimant is an agriculturist and building construction helper. Due to accident, he suffered fracture to the right hand, injury to the right elbow, injury to both shoulders, multiple grievous injuries all over the body. Therefore, suitable compensation has to be given towards loss of income during the period of treatment and convalescence. The Tribunal granted a sum of Rs.18,000/- as loss of income for six months at the rate of Rs.3,000/- per month which is reasonable. (iii) Meagre amount was granted towards attender charges, extra nutritious food and transport expenses. No amount was granted towards medical expenses. The sum of Rs.7,000/- granted towards injuries, can be adjusted on the heads,(i.e.) attender charges, extra nutritious food and transport expenses for which meagre amount has been granted. (iv) Considering all the above aspects, the total compensation granted by the Tribunal in a sum of Rs.95,000/- does not require any further reduction as also the interest granted by the Tribunal at 7.5% as the accident in this case happened in the year 2005 and the award was passed in the year 2008. 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. https://hcservices.ecourts.gov.in/hcservices/ 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 Principal Subordinate Judge, (The Motor Accidents Claims Tribunal) Cuddalore. + 1 CC to Mr.V.Kasi Viswanathan,Advocate,SR.6848 C.M.A.No.388 of 2009 RSM(CO) EM/6.3.09 https://hcservices.ecourts.gov.in/hcservices/