IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.3.2009 Coram THE HON'BLE MR. JUSTICE R. SUDHAKAR Civil Miscellaneous Appeal No.629 of 2009 and M.P.No.1 of 2009 Tamil Nadu State Transport Corporation (Coimbatore Division-III) Limited, Udhagamandalam, represented by its Managing Director ...Appellant/Respondent vs. 1.Theresa Camilla, 2.M.Cruz. (Respondent No.2 is given up). ...Respondents/Petitioner and 1st respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 28.6.2007 passed in M.C.O.P.No.25 of 2006 on the file of the Motor Accidents Claims Tribunal(District Judge), Udhagamandalam. For Appellant : Mr.V.Ramesh JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 28.6.2007 passed in M.C.O.P.No.25 of 2006 on the file of the Motor Accidents Claims Tribunal (District Judge), Udhagamandalam. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 25.5.2006. The injured claimant Theresa Camilla, aged 37 years, Head Mistress in M/s.St.Micael's Primary School, The Nilgiris, was travelling along with her husband in the bus belonging to the appellant transport corporation. Due to rash and negligent driving by the driver of the bus, the bus hit a parked car. In that accident, the said Theresa Camilla suffered grievous injury on the right side chest with fracture and fell unconscious in the bus. She was given first aid at Cordite Factory Hospital at Aruvankadu and then shifted to Government https://hcservices.ecourts.gov.in/hcservices/ Hospital, Coonoor by ambulance and again she was shifted to Vijayaraj Hospital, Ootacamund. Thereafter she was shifted to Ganga Hospital, Coimbatore by an ambulance. She was treated as inpatient in Ganga Hospital, Coimbatore from 26.5.2006 to 3.6.2006. She filed a claim for compensation in a sum of Rs.4,40,000/- for the injury suffered in the accident. 3. In support of the claim, the injured claimant was examined as P.W.1. One Mavubjohn, the present Head Mistress was examined as P.W.2 to prove that the injured claimant due to the injury has resigned the post of Headmistress of that school. Dr.Hari Venkat Ramani was examined as P.W.3. Exs.A-1 to A-17 were marked, the details of which are as follows:- Ex.A-1 is the certified copy of FIR dated 25.5.2006, Ex.A-2 is the certified copy of Motor Vehicle Inspector's Inspection Report dated 25.5.2006, Ex.A-3 is the photocopy of certificate of registration dated 3.8.1998, Ex.A-4 is the certified copy of the accident register dated 25.5.2006, Ex.A-5 is the photocopy of driving licence, Ex.A-6 is the photocopy of read worthiness certificate dated 21.7.2006 Ex.A-7 is the copy of permit dated 28.9.2006, Ex.A-8 is the scan report dated 13.6.2006, Ex.A-9 is the wound certificate dated 8.6.2006, Ex.A-10 is the discharge summary, Ex.A-11 series are the medical bills, Ex.A-12 is the bus ticket, Ex.A-13 is the admission slip, Exs.A-14 and A-15 are the photocopy of proceeding of the District Primary Education Officer Coonoor and Exs.A-16 and A-17 are the pay certificates. On behalf of the appellant transport corporation, the second respondent before the Tribunal, Mr.Cruz, the driver of the appellant https://hcservices.ecourts.gov.in/hcservices/ transport corporation bus was examined as R.W.1. No document was marked on behalf of the appellant transport corporation. 4. The Tribunal discussed the negligence and fixed it on the part of the driver of the appellant transport corporation bus based on Ex.A-1 and related documents. There is no material to controvert the same. The evidence of R.W.1 did not appeal to the Tribunal on merits. Therefore, 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. 5. As far as quantum of compensation is concerned, the Tribunal based on the oral and documentary evidence of the injured claimant and that of the doctor supported by medical records, the period of hospitalisation, granted the following amount as compensation with interest at 7.5% per annum:- Sl.No. Head Amount granted by the Tribunal 1 Extra nourishment expenses Rs. 5,000/- 2 Mental agony, shock, pain and suffering Rs.40,000/- 3 Medical expenses Rs.23,000/- 4 Transport expenses Rs. 4,000/- Total Rs.72,000/- 6. In appeal, the learned counsel for the appellant pleaded that the sum of Rs.40,000/- granted towards mental agony, shock, pain and suffering is not sustainable. Therefore, the quantum of compensation has to be reduced. 7. On 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 25.5.2006. The injured claimant was 48 years old at the time of accident. She was a Headmistress in M/s.St.Michael's Primary School, The Nilgiris. She was getting a salary of Rs.15,045/- as per pay certificate Ex.A-17. (ii) It is stated that the claimant was given first aid at Cordite Factory Hospital at Aruvankadu and then shifted to Government Hospital, Coonoor by ambulance and again she was shifted to Vijayaraj Hospital, Ootacamund. Thereafter she was shifted to Ganga Hospital, Coimbatore by an ambulance. She was treated as https://hcservices.ecourts.gov.in/hcservices/ inpatient in Ganga Hospital, Coimbatore from 26.5.2006 to 3.6.2006. Claimant states that some bills were misplaced. She filed only available bills. The treatment given to the claimant is not disputed by the appellant. The claimant suffered grievous injury on the right side chest with fracture. P.W.2, the present Headmistress of M/s.St.Micael's Primary School, The Nilgiris, where the injured claimant worked, stated that because of the injury, the injured claimant resigned her job. No amount was granted towards loss of income during the period of treatment and convalescence. The compensation granted towards transport and extra nourishment expenses for the above stated injury and treatment are very meagre. No amount has been granted towards attender charges. Hence, the sum of Rs.40,000/- granted towards mental agony, shock, pain and suffering, which is marginally higher, can be adjusted on the other heads. (iii) The sum of Rs.23,000/- granted towards medical expenses is in terms of medical bills Ex.A11 series, which cannot be disputed and the same is confirmed. (iv) Considering all the above aspects, the total compensation granted in a sum of Rs.72,000/- is reasonable and does not require any further reduction as also the interest granted at 7.5% as the accident in this case happened in the year 2006 and the award is of the year 2007. 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 District Judge, (The Motor Accidents Claims Tribunal), Udhagamandalam. + 1 c.c. to Mr. V. Ramesh, Advocate. S.R.No.8539. Judgment in C.M.A.No.629 of 2009 SGL (CO) GSK 13.04.2009. https://hcservices.ecourts.gov.in/hcservices/