1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1101 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, Division IV, Dindigul. .. Appellant/Respondent -Vs- S.Sundararaj .. Respondent/Petitioner Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 amended by M.V.(Amendment) Act, 1994 to set aside the order and decretal order dated 17.08.2005 and made in M.C.O.P.No.156 of 2003 on the file of the Motor Accident Claims Tribunal (Sub-Court) Periyakulam. For Appellant : Mr.Rajnish Pathiyil J U D G M E N T Challenge is made in this appeal to the award, dated 17.08.2005 and made in M.C.O.P.No.156 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub-Court) Periyakulam. 2.The appellant herein is the Managing Director, Tamil Nadu State Transport Corporation. The respondent is the injured. It appears from the records that the respondent has filed a claim petition in M.C.O.P.NO.156 of 2003 before the learned Motor Accident Claims Tribunal (Sub-Court), Periyakulam, claiming a sum of Rs.2,00,000/- for the injuries sustained by him on 09.08.2002 at 08.00 a.m. involving a passenger bus bearing registration No. TN-57-N-1108 belonging to the appellant Transport Corporation. On evaluating the evidence placed on record, the Tribunal has awarded a sum of Rs.51,600/- under the following heads i.e., towards 30% permanent disability Rs.30,000/-, towards damage of clothes and cycle each Rs.300/- i.e., Rs.600/-, toward extra nourishment Rs.1,000/-, towards pain and suffering Rs.20,000/-, in total a sum of Rs.51,600/- was awarded. 3.When the appeal came up for hearing Mr.R.Manisankar, learned Counsel for the appellant has submitted that the compensation awarded under the head of pain and suffering Rs.20,000/- is on the higher side and hence it might be reduced to Rs.15,000/-. This suggestion made by the learned Counsel for https://hcservices.ecourts.gov.in/hcservices/ 2 the appellant is found to be fair and hence, this Court is inclined to allow a sum of Rs.15,000/- instead of Rs.20,000/- towards pain and suffering. Hence, the award passed by the Tribunal is reduced to Rs.46,600/- from Rs.51,600/-. under the following heads i.e., towards 30% permanent disability Rs.30,000/-, towards damage of clothes and cycle each Rs.300/- i.e., Rs.600/- towards extra nourishment Rs.1,000/-, towards pain and suffering Rs.15,000/-, in total Rs.46,600/-. The appellant/Tamil Nadu State Transport Corporation is directed to deposit the amount i.e, Rs.46,600/- with interest at the rate of 7.5% p.a. before the claims Tribunal to the credit of the petition in M.C.O.P.No.156 of 2003 from the date of claim petition within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the respondent is permitted to withdraw the entire amount with the accrued interest from the Tribunal. 4.With the above observation, the Civil Miscellaneous appeal is disposed of. There is no order as to costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To The Subordinate Judge, Periyakulam +One cc to M/s.Rajinish Pathiyil, Advocate, SR.No.37379 skn rl/3 c- 11.11.2011 C.M.A.(MD)No.1101 of 2011 https://hcservices.ecourts.gov.in/hcservices/