IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 3.4.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.836 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Express Transport Corporation Ltd., Division-I, Pallavan Salai, Chennai. ... Appellant/Respondent vs. Kalpana ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 4.12.2007 passed in M.C.O.P.No.125 of 2007 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Nagapattinam. For appellant : Mrs.B.Vijayalakshmi JUDGMENT The Tamil Nadu State Express Transport Corporation is on appeal challenging the award dated 4.12.2007 passed in M.C.O.P.No.125 of 2007 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Nagapattinam. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 16.9.1999. The injured claimant Kalpana, aged about 23 years, a Master of Computer Application (M.C.A.), was travelling as a passenger in the appellant transport corporation bus from Chennai to Mannargudi. The bus hit a lorry which was parked on the side of the road. In that accident, her right leg foot was crushed, right leg toe and second phalange were cut off and right leg got twisted. She suffered other injuries to the body as well. She was taken to Government Hospital Maduranthakam. Thereafter, she was treated at Vijaya Health Centre, Chennai where she was treated for long period of time. A criminal case was registered against the driver of the bus. She filed a claim for compensation in a sum of Rs.3,00,000/- for the injury suffered. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Rajagopal was examined as P.W.2. Exs.A-1 to A-17 were marked. The documents relating to the qualification of the injured claimant are Exs.A-6 to A-9. The documents relating to medical management are Exs.A-11 to A-14, A-16 and A-17. The disability has been assessed at 56% under Ex.A-16. Considering the nature of injury, age, occupation and the period of hospitalisation, which is from 16.9.1999 to 9.10.1999, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.N o. Head Amount granted by the Tribunal 1 Disability assessed at 56% Rs. 70,000/- 2 Pain and suffering Rs. 15,000/- 3 Discomfort Rs. 25,000/- 4 Medical expenses as per Ex.A-12 Rs. 1,68,457.31 5 Extra nourishment expenses Rs. 5,000/- Total Rs. 2,83,457.31 rounded off to Rs.2,83,500/- 4. In the appeal, there is no dispute with regard to the negligence and the liability. 5. In appeal it is contended that the sum of Rs.25,000/- granted towards discomfort and the sum of Rs.70,000/- granted towards 56% disability are on the higher side. Therefore, the quantum of compensation has to be reduced. 6. 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 16.9.1999. The award was passed on 4.12.1997. After considerable delay on the part of the appellant, the appeal is listed today for admission which is almost a decade after the accident, which only shows the pitiable state of the innocent victim in the accident and consequent injury to her for which she is no way responsible. (ii) The injured claimant is aged 23 years old, and M.C.A. Student at the time of accident, and that is supported by documentary evidence. She was treated in hospital as inpatient for considerable period of time at Vijaya Health Centre, Chennai. Therefore, she needs to be compensated for attender charges and transport expenses. But no amount was granted towards attender charges and transport expenses. https://hcservices.ecourts.gov.in/hcservices/ (iii) For pain and suffering meagre amount has been granted. (iv) The major amount granted by the Tribunal is towards medical bills. (v) Further the nature of injury which is very serious in nature affects the marriage prospects of the injured, for which no amount has been granted. (vi) Even in respect of disability assessed at 56%, the compensation granted in a sum of Rs.70,000/- is not excessive. Therefore, the sum of Rs.25,000/- granted towards discomfort, it is stated to be excessive, can be adjusted on other heads. (vii) Considering the above aspects, this court finds no good reason as to why the compensation should be reduced as also the interest granted at 7.5% as the accident in this case happened in the year 1999 and the award is of the year 2007. 7. 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 Chief Judicial Magistrate, (The Motor Accidents Claims Tribunal), Nagapattinam. 1 cc To Mrs.B.Vijaylakshmi, Advocate, SR.12325. C.M.A.No.836 of 2009 KJI(CO) RVL 22.04.2009 https://hcservices.ecourts.gov.in/hcservices/