IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.3.2009 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal No.530 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Limited, Rangapuram, Vellore. ... Appellant/Respondent vs. Elango. ... Respondent/Claimant Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 4.9.2008 passed in M.C.O.P.No.338 of 2004 on the file of the Motor Accidents Claims Tribunal, Cheyyar,Thiruvannamalai District. For appellant : Mr.N.Anand JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 4.9.2008 passed in M.C.O.P.No.338 of 2004 on the file of the Motor Accidents Claims Tribunal, Cheyyar. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 10.2.2004.The injured claimant Elango, aged 37 years, a weaver, was standing in the Dhoosi bus stop. At that time, the bus belonging to the appellant transport corporation, driven by its driver in a rash and negligent manner hit the said Elango. In that accident, the said Elango suffered injuries to the head. He was treated at the Government Hospital, Kancheepuram for five days as inpatient, then at the Government General Hospital, Chennai for four days as inpatient and thereafter in the private hospital. He filed a claim for compensation in a sum of Rs.4,00,000/- for the injury suffered in the accident. 3. In support of the claim, the injured claimant was examined as P.W.1. Dr.Shanmuga Sundaram, was examined as P.W.2. Exs.A-1 to A-12 were marked, the details of which are as follows:- https://hcservices.ecourts.gov.in/hcservices/ Ex.A-1 is the FIR, Ex.A-2 is the medical records, Ex.A-3 is the CT Scan report, Ex.A-4 is the Discharge summary issued by the Government General Hospital, Chennai. Ex.A-5 is the opinion given by the Government General Hospital, Chennai. Ex.A-6 is the medical bills (3) Ex.A-7 is the copy of accident register, Ex.A-8 is the salary certificate, Ex.A-9 is the X-Rays(7), Ex.A-10 is the copy of Motor Vehicle Inspector's Inspection report, Ex.A-11 is the disability certificate and Ex.A-12 is the X-Ray. On behalf of the appellant transport corporation, the respondent before the Tribunal, Mr.Ramachandran, the driver of the appellant transport corporation bus was examined as R.W.1. The copy of judgment of the criminal court was marked as Ex.R-1. 4. The Tribunal discussed the negligence on the part of the driver of the appellant transport corporation bus based on Ex.R-1. There is no material to controvert the same. Therefore, the finding of negligence on the part of the driver of the appellant transport corporation bus, who is 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 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 claimant and that of the doctor supported by medical records issued by the various hospitals in which, the claimant had taken treatment, the period of hospitalisation and the disability assessed at 35%, granted the following amount as compensation with interest at 7.5% per annum:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 1 Grievous injuries Rs.20,000/- 2 Disability assessed at 35% Rs.35,000/- 3 Pain and suffering Rs. 5,000/- 4 Medical expenses Rs. 430/- 5 Transport expenses Rs. 5,000/- Total Rs.65,430/- 6. In appeal, the learned counsel for the appellant pleaded that the sum of Rs.20,000/- granted towards grievous injuries is not sustainable since sufficient amount has been granted towards 35% disability. 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 10.2.2004. The injured claimant was 37 years old at the time of accident. He is a weaver of silk. (ii) From the records, it is clear that the injured claimant was treated at the Government Hospital, Kancheepuram for five days as inpatient, then at the Government General Hospital, Chennai for four days as inpatient and thereafter in the private hospital. He suffered head injury. It is stated that because of the head injury the claimant is unable to do his work as before. No amount was granted towards loss of income during the period of treatment and convalescence. The compensation granted towards pain and suffering, transport expenses 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.20,000/- granted towards grievous injury can be adjusted on the above heads. (iii) Considering all the above aspects, the total compensation granted in a sum of Rs.65,430/- 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 2004 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 1) The Motor Accidents Claims Tribunal, Cheyyar. 2) The District Judge, Thiruvannamalai. + 1 CC to Mr.N.Anand,Advocate,SR.7703 C.M.A.No.530 of 2009 VSV(CO) EM/17.3.09 https://hcservices.ecourts.gov.in/hcservices/