IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.2.2009 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A. No. 300 of 2009 and M.P.No. 1 of 2009 The Managing Director, Tamilnadu State Transport Corporation Ltd., Villupuram Division I, No.3/137 Salamedu, Valudhareddy Post, Villupuram. .. Appellant/ Respondent Vs. Chennapaiyan .. Respondents/Petitioner Appeal filed under Section 173 of M.V. Act against the award and decree dated 26.3.2007 made in M.C.O.P. No.50 of 2007 on the file of the Motor Accidents Claims Tribunal, (Fast Track Court No.II), Tindivanam. For Appellant : Mr. V. Ramesh JUDGMENT The Transport corporation has filed this appeal challenging the award dated 26.3.2007 passed in M.C.O.P. No.50 of 2007 on the file of the Motor Accidents Claims Tribunal, (Fast Track Court No.II), Tindivanam. 2. It is a case of injury. The accident in this case happened on 20.10.2004. The injured claimant Chinnappayan, aged 50 https://hcservices.ecourts.gov.in/hcservices/ years, an agriculturist, suffered injuries while he was travelling in the appellant transport Corporation bus. Due to rash and negligent driving of the bus by its driver , the bus hit a stationary lorry. In that accident, he lost four teeth in the upper jaw and one teeth in the lower jaw. He took treatment in the Government Hospital, Tindivanam and the disability has been assessed at 20% under Ex.P.17. He claimed a sum of Rs.2,00,000/- as compensation. 3. The Tribunal adjudicated this claim along with connected two claims. In support of the present claim, the petitioner was examined as P.W.3. Documents Exs. A1 to A17 were marked. On the side of the appellant/ respondent before the Tribunal, no oral and documentary evidence was let in. 4. Considering the materials produced on record, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 For loss of 5 teeth Rs.50,000/- 2 Pain and suffering Rs. 5,000/- Total Rs.55,000/- 5. In appeal, it is contended that the amount of compensation granted for loss of five teeth is excessive. However, the learned counsel for the appellant has fairly brought to the notice of this Court the decision of the Division Bench of this Court in National Insurance Company Ltd., Salem – Vs. Kaliaperumal & others reported in (2004(1) TNMAC (DB) 390) wherein for the lost of 4 teeth, a sum of Rs.40,000/- was granted as compensation. 6. In this case, the claimant lost 5 teeth. Further, no amount has been granted for extra nourishment, transport expenses, attender charges and loss of income during the period of treatment. Hence, this Court is not inclined to interfere with the quantum of compensation. There is no dispute with regard to the interest granted at 7.5.% p.a., since the accident in this case happened in the year 2004 and the award was passed in the year 2007. 7. Finding no merits, this civil miscellaneous appeal is dismissed at the admission stage. No costs. Consequently, M.P.No. 1 of 2009 is also dismissed. Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, https://hcservices.ecourts.gov.in/hcservices/ the claimant is entitled to withdraw the amount as per the order of the tribunal. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar Ra To The Motor Accidents Claims Tribunal, (Fast Track Court No.II), Tindivanam. 1 CC To Mr.V.Ramesh, Advocate, SR NO.6854 CMA No. 300 of 2009 tej(co) pmk/9.3.2009. https://hcservices.ecourts.gov.in/hcservices/