1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1259 of 2011 Tamil Nadu State Transport Corporation Ltd., (Madurai Division II), Tirunelveli, Represented by its Managing Director. ..Appellant/Respondent -Vs- Raja Vadivu .. Respondent/Petitioner Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the order and decretal order dated 08.09.2006 and made in M.C.O.P.No.33 of 2005 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.II) Tirunelveli. For Appellant : Mr.S.Baskaran For Respondent : Mr.A.John Xavier J U D G M E N T Being dissatisfied with the award of Rs.80,000/-, dated 08.09.2006 and made in MCOP No.33 of 2005, on the file of the learned Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.2), Tirunelveli, the respondent/Transport Corporation has filed this appeal. 2.The respondent herein is the claimant. The respondent has filed the claim petition in MCOP NO.33 of 2005, on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.2), Tirunelveli, claiming a sum of Rs.5,00,000/- for the fracture sustained by him over his right hand in a road traffic accident, involving a passenger bus, bearing registration No.TN 33 N 0960 on 19.12.2004 at 11.00 a.m. 3.It is alleged that when the petitioner along with other claimant in MCOP No.247 of 2005 was travelling in the above said bus, they were thrown out, when the driver of bus had applied sudden break. On account of this accident, the petitioner has sustained fracture over his right hand. The appellant/ Transport Corporation has contested the claim on various grounds and on appreciation of evidence both oral and documentary, the Motor Accident Claims Tribunal, on the basis of the evidence given by P.W.3, Doctor Francis Raj has fixed the disability as 22% and based on this, the Tribunal has awarded a sum of Rs.50,000/- towards permanent disability and loss of income, Rs.10,000/- was awarded towards pain and suffering, another https://hcservices.ecourts.gov.in/hcservices/ 2 amount Rs.10,000/- was awarded towards medical expenses and the Tribunal has also awarded for extra nourishment and transportation an another sum of Rs.10,000/-. In total, a sum of Rs.80,000/- was awarded. Impugning the award, the Transport Corporation stand before this Court by way of this appeal. 4.While advancing his argument, Mr.S.Baskaran, learned Counsel for the appellant has not disputed the award under the head of permanent disability, pain and suffering and extra nourishment and transportation. But, he has questioned the amount of Rs.10,000/-, which has been granted under the head of medical expenses. In this connection, he would submit that in the absence of medical bills and vouchers, the Tribunal has gone to the extent of awarding the said sum, without any basis and hence, the amount has to be discarded. 5.On the other hand, Mr.John Xavier, learned Counsel for the respondent/claimant has submitted that the respondent/claimant being a milk vendor by his profession had sustained fracture over his right hand and on account of this disability, now, he was not able to continue his profession and that he had also suffered with monitory loss and hence, he would submit that the award under the head of medical expenses to the extent of Rs.10,000/- need not be reduced. He would submit further that having been treated in the hospital for more than 15 days, definitely he would have spent not less than Rs.20,000/-. 6.But, on the other hand, Mr.S.Baskaran, learned Counsel for the appellant submit that this respondent/claimant was treated only in the Government Hospital and hence, the question of spending of more than Rs.15,000/- will not arise. 7. This Court has taken a balance between the submissions made by the learned Counsel for the appellant as well as the learned Counsel for the respondent. Admittedly, the respondent has not chosen to produce any bills and vouchers for the medical expenses and hence, this Court is constrained to interfere with the award under the head of medical expenses alone and the award granted under the remaining heads need not be disturbed. Hence, this Court is inclined to reduce the award of Rs.80,000/- granted by the Tribunal to Rs.70,000/- with the same rate of interest. 8.Accordingly, the appeal is partly allowed. The award of Rs.80,000/- is reduced to Rs.70,000/-. It is brought to the notice of this Court, that the appellant Transport Corporation has deposited the entire award amount earlier. Since, the award amount has been reduced to Rs.70,000/-, the respondent/claimant is permitted to withdraw the modified compensation with proportionate interest, directly, from the Tribunal, without filing any formal application. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Additional District and Sessions Judge, Fast Track Court No.II) Tirunelveli +One cc to Mr.S.Baskaran, Advocate, SR.No.40793 skn rl/3c – 4.1.2012 C.M.A.(MD)No.1259 of 2011 https://hcservices.ecourts.gov.in/hcservices/