1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.(MD)No.340 of 2011 and M.P.(MD)NO.1 of 2011 M/s.Tamil Nadu State Transport Corporation Limited, Madurai-625 010. (Rep. through its Managing Director) ... Appellant/Respondent Vs. Mariappan @ Daniel ... Respondent/Claimant PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 08.09.2005 made in M.C.O.P.No.2041 of 2000, on the file of Motor Accident Claims Tribunal, III Additional Sub-Court, Madurai. For Appellant : Mr.D.Sivaraman For Respondent : Mr.K.Mahendran J U D G M E N T This Civil Miscellaneous Appeal is filed by the appellant/Transport Corporation against the award of compensation of Rs.93,500/- made in favour of the respondent/claimant, who was the injured in the accident occurred on 10.04.2000 at 7.45 a.m. in front of side gate at Thirunagar 2nd Bus Stop, due to act of negligence on the part of the driver of the bus, belonging to the State Transport Corporation. 2. The Tribunal has awarded the compensation on the basis of available on records on the following heads: Transport to Hospital Rs. 1,000.00 Extra Nourishment Rs. 7,500.00 Medical expenses and attendant charges Rs.15,000.00 Pain and sufferings Rs.30,000.00 Permanent disability at 25% Rs.25,000.00 Loss of earning capacity Rs.15,000.00 ------------ Total Rs.93,500.00 ------------ payable with interest at 7.5% p.a. 3. In this appeal, the appellant questioned the correctness of the award by disputing the quantum of the compensation awarded under the https://hcservices.ecourts.gov.in/hcservices/ 2 headings medical expenses, attendant charges and pain and sufferings and also by disputing the award of compensation for permanent disability and loss of earning capacity awarded under two different headings. 4. It is contended by the learned counsel for the appellant that the award of compensation under the heads as above referred to is excessive and exorbitant and the award of compensation under two different heads for permanent disability and loss of earning capacity is legally un- sustainable. 5. This court finds some force in the contentions so raised on the side of the appellant. This Court considering the nature of injury sustained and nature and duration of treatment undergone and the pain and suffering suffered and the medical expenses incurred by the claimant and the nature of permanent disability and its impact on his day-to-day activities, is inclined to modify the compensation under the 4 heads as follows: Transport to Hospital and extra nourishment Rs. 5,000.00 Medical expenses and attendant charges Rs.10,000.00 Pain and suffering Rs.20,000.00 Permanent disability and loss of earning capacity Rs.45,000.00 ------------ Total Rs.80,000.00 ------------ The total compensation awarded in this claim petition thus comes to Rs.80,000/- with interest at 7.5% p.a. from the date of petition till the date of payment. 6. In the result, the award, dated 08.09.2005 made in M.C.O.P.No.2041 of 2000, on the file of Motor Accident Claims Tribunal, III Additional Sub-Court, Madurai is modified by awarding compensation of Rs.80,000/- payable with interest at 7.5% p.a. from the date of petition till the date of payment with proportionate costs. The Transport Corporation is directed to deposit the amount, if not deposited till date, within two months from the date of receipt of the copy of this order. On such deposit of the amount into the Court, the claimant is permitted to withdraw the entire award amount with costs and interests. The excess award amount, if any, shall be refunded to the State Transport Corporation. The excess Court fee, if any, shall be refunded to the claimant. 7. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal, The III Additional Subordinate Judge, Madurai. C.M.A.(MD)No.340 of 2011 20.06.2011 vsm RJ/14.10.11 3p/2c https://hcservices.ecourts.gov.in/hcservices/