1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No(MD)No.571 of 2011 and M.P(MD)No.1 of 2011 Tamil Nadu State Transport Corporation, Madurai Division III, Ranithottam, Nagercoil, (Rep. through its Managing Director) ... Appellant/Respondent Vs. 1.Tmt.L.Gnanamma Pillai 2.Valsalakumari 3.Minor.Srijadevi 4.Minor.Sreenu 5.Minor.Srinath (minor respondents 3 to 5 rep. through their mother and natural guardian 2nd respondent) ... Respondents/Petitioner PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 31.01.2005 made in M.C.O.P.No.37 of 2002 on the file of the Motor Accident Claims Tribunal, Kuzhithurai. For Appellant :M/s.Rajnish Pathiyil J U D G M E N T This Civil Miscellaneous Appeal is taken up for final disposal on merits at the admission stage. 2. The second respondent/State Transport Corporation is the appellant herein. This Civil Miscellaneous Appeal is directed against the award of compensation of Rs.17,500/- payable with interest at 9% per annum passed against the second respondent/State Transport Corporation in favour of the claimants 2 to 6, who are the wife and children of one janarthanan Nair who sustained injuries in the accident occurred at 8.00 p.m., on 09.07.1997 at Puthanthurai junction. 3. The date, time, place and the manner of the accident as due to rash and negligent driving of the bus driver, nature of the injuries sustained by the injured, nature and duration of the treatment undergone by him and his age and nature of his avocation, quantum of medical expenses incurred by him and value of damages caused to his personal belongings, are not so seriously denied. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The Tribunal has on the basis of evidence available, awarded Rs.17,500/- as compensation under the following heads: Transport to hospital :Rs. 1,000/- Extra Nourishment :Rs. 1,000/- Damages to personal belongings:Rs. 500/- Pain and suffering :Rs.15,000/- ------------- Total :Rs.17,500/- ------------- 5. The learned counsel for the appellant has seriously disputed the award of compensation of Rs.15,000/- for pain and suffering on the ground that the same being personal in nature dies with the claimant and the L.Rs of the deceased are not entitled to get any compensation for pain and suffering suffered by the deceased due to the injuries sustained by the deceased. 6. Though this Court finds greater force in the argument so advanced by the learned counsel for the appellant, is not inclined to set side the same but is inclined to modify the same as one for medical expenses. 7. In the result, this Civil Miscellaneous Appeal is dismissed confirming the award dated 31.01.2005 made in M.C.O.P.No.37 of 2002 on the file of the Motor Accident Claims Tribunal, Kuzhithurai. The appellant/State Transport Corporation is directed to deposit the award amount into Court if not deposited till date within two months from the date of receipt of the copy of this order and on such deposit of the amount into Court, respondent 1 and 2/claimants 1 and 2 are permitted to withdraw the entire award amount allotted to them with proportionate interest and costs. As far as the minors claimants are concerned, the compensation amount due to them is to be deposited in any one of the nationalized banks and the second claimant/guardian of the minor claimants, is permitted to withdraw future accrued interest once in three months directly from the bank. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal, Kuzhithurai. +1CC TO M/S.RAJNISHPATHIYIL, SR.15665 Pm SR : 29.06.2011 : 2p/3c CMA(MD).No.571 of 2011 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/