IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3927 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram. ... Appellant/1st Respondent vs. 1.Minor Gowthami, represented by mother and guardian Malarvizhi. 2.K.Ramakrishnan (Driver) (Given up ... Respondents/Petitioner and 2nd respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 12.6.2008 passed in M.C.O.P.No.152 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.1), Chidambaram. For appellant : Mr.V.Kasiviswanathan JUDGMENT The Tamilnadu State Transport Corporation is on appeal challenging the award dated 12.6.2008 passed in M.C.O.P.No.152 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.1), Chidambaram. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 25.3.1999. The injured claimant minor Gowthami, a 6 years old girl student, was https://hcservices.ecourts.gov.in/hcservices/ standing in a bus stop along with her mother and uncle. At that time, the transport corporation bus bearing Registration No.TN-32- N-0203, which was driven by its driver in a rash and negligent manner, came to the bus stop and the rear wheel of the bus ran over the right leg of the girl. In that accident, she suffered grievous injuries to the right leg. The vehicle was stopped at the instance of the public. The injured minor girl was immediately rushed to Cuddalore Government Hospital and thereafter for the better medical treatment, she was shifted to Jipmer Hospital, Pondicherry. It is stated that she was treated at Jipmer Hospital, Pondicherry for two months. She was also treated in a private hospital at Parangipettai. Consequent to the grievous injuries, the lower part of the body below the hip was seriously damaged and showed a very gruesome appearance. Consequently, the mother of the injured claimant as a guardian, filed a claim for compensation in a sum of Rs.1,12,000/-. 3. In support of the claim, the mother of the injured claimant was examined as P.W.1. Dr.J.S.Chandran was examined as P.W.2. Exs.A-1 to A-6 were filed, the details of which are as follows:- Ex.A-1 is the photocopy of FIR, Ex.A-2 is the photocopy of Motor Vehicle Inspector's Inspection Report, Ex.A-3 is the photocopy of charge-sheet, Ex.A-4 is the admission slip issued by Jipmer Hospital to the police station, Ex.A-5 is the discharge summary issued by the Jipmer Hospital to the claimant and, Ex.A-6 is the disability certificate assessing the disability at 25%. No oral or documentary evidence was let in on behalf of appellant transport corporation, the first respondent before the Tribunal. 4. Based on the oral and documentary evidence, the Tribunal came to the conclusion that the driver of the appellant transport corporation bus was responsible for the accident and the injuries suffered by the minor girl. Such finding of the Tribunal is not controverted by any other oral or documentary evidence on record. As such, the finding of the Tribunal stands confirmed. https://hcservices.ecourts.gov.in/hcservices/ 5. As far as compensation is concerned, the Tribunal taking note of the grievous nature of the injury and the hospital records which showed that the girl was extensively treated for the crush injury on the right leg in the form of skin grafting and also taking note of the period of hospitalisation at Jipmer Hospital, Pondicherry, which is for two months and considering the disability assessed at 25% and also taking note of the loss of marital prospectus, the pain and suffering undergone by the minor girl, granted compensation in a sum of Rs.1,12,000/- as prayed for by the claimant with 7.5% interest. 6. In appeal the only contention raised by the appellant's counsel is that the Tribunal has granted the compensation amount of Rs.1,12,000/- as a lump sum and therefore, the award is not correct. 7. Having gone through the details set out in the award of the Tribunal, and the injuries suffered by the minor girl, this Court is not inclined to interfere with the quantum of compensation for the following reasons:- (i) The injured minor girl was 6 years old at the time of accident, which happened on 25.3.1999. She is a school going child. (ii) The rear wheel of the bus ran over the child crushing her leg and exposing her bones. Intensive medical care was given at Jipmer Hospital, Pondicherry and skin grafting was done. In spite of such treatment, as per the evidence of doctor as recorded by the Tribunal, the nature of injury is grievous. The Tribunal clearly stated that due to the injury, the girl should have undergone extensive pain and suffering. The lower part of the body below the hip was seriously damaged and appears gruesome. It also concluded that the injury will affect her prospects of marriage and education as well. (iii) The claimant in this case is entitled to reasonable compensation for pain and suffering, for disability assessed at 25%, for transportation expenses, for extra nutrition and for attender charges. Considering these aspects, the Tribunal will be justified in granting the compensation as claimed. (iv) Therefore, this court find no good reason to interfere with the quantum of compensation or the interest granted at 7.5% as the accident happened in the year 1999 and the award was passed in the year 2008. https://hcservices.ecourts.gov.in/hcservices/ 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is entitled to withdraw the same as ordered by the Tribunal. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To 1.Additional District and Sessions Judge, Fast Track Court No.1, (The Motor Accidents Claims Tribunal) Chidambaram. 1 cc to Mr.V. Kasiviswanathan, Advocate, SR. 70439 C.M.A.No.3927 of 2008 PA (CO) kk 27/1 https://hcservices.ecourts.gov.in/hcservices/