IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08-12-2011 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN C.M.A. No. 2195 of 2009 The Managing Director Tamil Nadu State Transport Corporation Ltd Kumbakonam Division – 2 Periamilagu Parai Trichy – 1 .. Appellant/ 1st Respondent Versus Kuppusamy .. Respondent/ Petitioner Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 29.11.2008 made in MCOP No. 334 of 2005 on the file of Motor Vehicles Accident Claims Tribunal and Additional District & Sessions Judge, Fast Track Court, Ariyalur. For Appellant : Mrs. B. Vijayalakshmi For Respondent : Mr. M. Selvam for Mr. Ramprakash JUDGMENT The Transport Corporation has come forward with this appeal questioning the correctness of the compensation of Rs.1,16,000/- awarded by the Court below in favour of the claimant/respondent herein for the injuries sustained by him in his fingers 1, 4 and 5 in the accident that took place on 04.06.2004. 2. The facts which gave rise to the claim petition is that on 04.06.2004 at about 11.30 am, when the claimant was travelling as a pillion rider in TVS 50 Moped bearing Registration No. TN 31 V 2590 in the road leading to Kuruvappa Temple, near Chozhar Nagar, the bus bearing Registration No. TN45 N 1281 was driven by its driver in a rash and negligent manner and hit the moped in which the claimant was travelling. In the impact, the claimant sustained grievous injuries in his hand and fracture injuries in his fingers. Immediately, the claimant was taken to Government Hospital, Jeyamkondan from where he was referred to Government Hospital, Thanjavur for better management. At the time of accident, the claimant was aged 38 years, a tailor by profession and earning Rs.4,500/- per month. Therefore, for the injuries sustained in the https://hcservices.ecourts.gov.in/hcservices/ accident, the claimant filed the claim petition claiming Rs.3,00,000/- as compensation. 3. The Appellant/Transport Corporation resisted the claim petition by filing a counter before the court below. It was specifically contended that there was a delay of 9 days in registering the first information report and that the accident did not occur as narrated by the claimant in the complaint. It was further contended that the claimant himself has driven the vehicle in a drunken mood and dashed against the bus belonging to the corporation. 4. The court below, on consideration of the oral and documentary evidence, awarded a sum of Rs.1,16,000/- as compensation. Aggrieved by the same, the present appeal is filed by the corporation. 5. The learned counsel for the appellant/corporation would contend that the claimant sustained injuries in fingers 1, 4 and 5 for which he was hospitalised for 5 days. The Doctor assessed the disability of the claimant at 26%, which is exorbitant and high. Further, the claimant being a tailor by profession did not suffer any functional disability by reason of the injuries sustained in the accident. In any event, the compensation awarded by the court below is exorbitant and he prayed for interference of this Court. 6. The learned counsel for the claimant/respondent would contend that the court below, taking into consideration the over all evidence available on record, has awarded a fair and reasonable amount. In fact, the Court below considered the fact that the claimant, being a tailor by profession, could not undertake his work as before with much precision and therefore, the compensation awarded by the Court below is reasonable and he prayed for dismissal of the appeal. 7. I heard the counsel for both sides and perused the records. The transport corporation admits the date, time, manner in which the accident occurred as also the liability to pay the compensation amount. The corporation only questions the quantum of compensation awarded by the court below. 8. The appellant would mainly contend that for injuries in the finger, the assessment of disability at 26% by the Doctor is enormous and excessive, which was not properly considered by the Court below. 9. Before the Court below, a Doctor was examined, who deposed that because of the injuries caused in the fingers, there was restriction in the movement of the fingers. Further, the claimant cannot lift heavy objects or he could not easily stitch clothes. However, there is no evidence available on record that the claimant could not work at all or his earning capacity is totally affected. Furthermore, the claimant was admitted in the hospital only for 6 https://hcservices.ecourts.gov.in/hcservices/ days. Under those circumstance, the award of Rs.52,000/- towards disability at the rate of Rs.2,000/- per percentage of disability granted by the Court below is high and instead the Claimant is entitled to Rs.1,000/- per percentage of disability, thus, a sum of Rs.26,000/- is awarded towards disability, which will be the fair and reasonable compensation. 10. The Court below awarded Rs.10,000/- towards pain and suffering, which in my view is fair and reasonable. Further, a sum of Rs.22,065/- was awarded towards medical expenses, which are based on medical bills and therefore, the amount awarded under these heads are confirmed. 11. For loss of amenities, the Court below awarded Rs.10,000/- without any reason or justification. For six days of hospitalisation, it is fair and reasonable to award Rs.5,000/- towards loss of amenities and accordingly the amount awarded under this head by the Court below is reduced. 12. There is no evidence available on record to show the loss of earning capacity sustained by the claimant, especially when he was admitted in the hospital only for six days. Under those circumstance, the sum of Rs.18,000/- awarded by the Court below is excessive and it is hereby reduced to a consolidated sum of Rs.5,000/- towards loss of income considering the fact that the claimant could not have attended to his regular work atleast for a period of two months. 13. For transportation charges and Extra Nutrition, the Court below awarded Rs.2,000/- each which I feel is a fair and reasonable compensation. 14. In the result, the appeal filed by the Transport Corporation is allowed reducing the compensation awarded by the Court below from Rs.1,16,000/- to Rs.72,000.00 as mentioned below:- Disability : Rs.26,000.00 Pain and Suffering : Rs.10,000.00 Medical expenses : Rs.22,065.00 Loss of amenities : Rs. 5,000.00 Loss of income during treatment : Rs. 5,000.00 Transportation charges : Rs. 2,000.00 Extra Nourishment : Rs. 2,000.00 ------------------- Rs.72,065.00 Rounded off to : Rs.72,000.00 -------------------- 15. It is represented that the transport corporation had deposited the entire amount awarded by the Court below. In view of the reduction of the compensation amount, the transport corporation is permitted to withdraw the compensation amount over and above Rs.72,000/- with accrued interest at the rate of 7.5% per annum. The claimant/respondent herein is also permitted to withdraw the https://hcservices.ecourts.gov.in/hcservices/ compensation amount with accrued interest as determined in this appeal. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. rsh To 1. The Additional District & Sessions Judge Motor Vehicles Accident Claims Tribunal Fast Track Court, Ariyalur 2. The Section Officer, VR Section, High Court, Madras 1 cc to Mr.R. Ramprakash, Sr. 75087 1 cc to Mrs. B. Vijayalakshmi, Sr. 74879 CMA No. 2195 of 2009 TEJ (CO) kk 3/2 https://hcservices.ecourts.gov.in/hcservices/