IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.10.2008 CORAM: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR C.M.A.No.696 of 2000 Mathiazhagan ... Appellant/Petitioner Vs. The Managing Director, P.T. MGR Transport Corporation Limited, Kancheepuram, now known as Tamil Nadu Transport Corporation, Region III, Villupuram. ... Respondent/Respondent Prayer:- Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 30.11.1999 made in M.C.O.P.No.60 of 1997 on the file of the Motor Accidents Claims Tribunal, Sub Judge, Thiruvallur. For Appellant : Mr.A.N.Viswanatha Rao For Respondent : Mr.A.Arumugam - - - - - JUDGMENT The claimant has filed this appeal seeking enhancement of compensation. 2.This is a case of injury. The accident in this case happened on 04.06.1993 at about 5.00 p.m. The injured claimant mathiazhagan aged about 20 years was travelling in the respondent Transport Corporation bus. The driver of the bus drove the same in a rash and negligent manner and dashed against a Tractor. Due to the accident, the iron rods in the tractor hit the left hand of the injured/claimant and he sustained injuries. He was taken to Government Hospital at Trivellore and was treated as an inpatient in the said hospital for one week. 3.Though a case was registered against the driver of the bus, he was acquitted. The Tribunal, however came to the conclusion that the driver of the bus was rash and negligent in not taking adequate precaution to avoid the accident. The Tribunal decided https://hcservices.ecourts.gov.in/hcservices/ the compensation in paragraph No.9 of the award. The injured/claimant appellant was working as a mazdoor in T.I Cycle company at Ambattur and his salary was claimed at Rs.1,100/-. The salary certificate was not produced. 4.In support of the claim petition, the claimant was examined as P.W.1 and Dr.J.R.R.Thyagarajan was examined as P.W.2. Exs.P.1 and P.2 were marked. Ex.P.1 is the certified copy of the first information report. Ex.P.2 is the disability certificate assessing the disability at 30%. On behalf of the respondent, the driver of the bus Narayanasamy was examined as R.W.1 and Ex.R.1, the certified copy of the Judgment in C.C.No.228 of 1994 on the file of the learned Judicial Magistrate No.I, Trivellore was marked. The Tribunal, considering the nature of injuries, the disability assessed and the evidence of the doctor, granted the following amount as compensation. Pain and sufferings : Rs.2,000/- Permanent disability : Rs.1,000/- Loss of earning capacity : Rs.2,000/- __________ Total Rs.5,000/- ___________ The Tribunal awarded a sum of Rs.5,000/- with interest at 12% per annum from 13.02.1997 only (not from the date of filing of O.P.) till the date of deposit. 5.The claimant seeks enhancement of compensation stating that no amount was granted for extra nourishment, for transportation expenses, for attender charges. Further, meager amount has been granted for pain and sufferings and for disability. Counsel pleaded for compensation for extra nourishment, transport expenses, attender charges and the like. 6.Heard the learned counsel for the respondent. He stated that reasonable compensation has been granted to the claimant by the Tribunal. However, the claimant may be granted some amount on other heads as pleaded. 7.In cases of injury, claimant of 20 years old is entitled to a just and reasonable compensation. The claimant in this case has suffered grievous injuries and he was an inpatient in hospital for a period of one week and he is a mazdoor. Therefore, he would need some amount for extra nourishment. His place of work is Ambattur and he was admitted in the Government Hospital at Trivellore and therefore, he has to spent more money for transportation and for attender charges also. Considering all these aspects, the amount of compensation granted by the Tribunal stands modified and enhanced as follows:- https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Heads Amount granted by the Tribunal Amount granted by this Court 1 Pain and sufferings Rs.2,000/- Rs. 5,000/- 2 Permanent Disability Rs.1,000/- Rs. 1,000/- 3 Loss of income Rs.2,000/- Rs. 2,000/- 4 Transportation charges - Rs. 2,000/- 5 Extra nourishment - Rs. 3,000/- 6 Attender charges - Rs. 1,500/- Total Rs.5,000/- Rs.14,500/- 8.In the result, the C.M.A. is partly allowed and the award of the Tribunal is enhanced to Rs.14,500/- from Rs.5000/-. The enhanced amount of Rs.9,500/- will carry interest at 7.5% per annum from 13.02.1997 till the date of deposit. 9.The learned counsel for the respondent seeks for eight weeks time to deposit the enhanced award amount and the same is granted. On such deposit, the claimant is permitted to withdraw the same. No costs. Jrl Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To The Sub Judge, The Motor Accidents Claims Tribunal, Thiruvallur. + 1 cc to Mr. A. Arumugamm, Advocate SR No.58369 C.M.A.No.696 of 2000 SGL(CO) SR/19.12.2008 https://hcservices.ecourts.gov.in/hcservices/