IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.1.2009 Coram THE HON'BLE MR. JUSTICE R.SUDHAKAR Civil Miscellaneous Appeal No.211 of 2009 and M.P.No.1 of 2009 Metropolitan Transport Corporation, represented by its Managing Director. ... Appellant/Respondent vs. Minor R.Ashok, represented by his father and next friend S.Ramadas. ... Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 29.9.2003 passed in M.C.O.P.No.2865 of 1999 on the file of the Motor Accidents Claims Tribunal (V Judge, Small Causes Court), Chennai. For Appellant : Mr.P.Jagadeeswaran JUDGMENT The Metropolitan Transport Corporation is on appeal challenging the award dated 29.9.2003 passed in M.C.O.P.No.2865 of 1999 on the file of the Motor Accidents Claims Tribunal (V Judge, Small Causes Court), Chennai. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 27.12.1998. The minor claimant R.Ashok, aged 4 years and a student, was travelling on a motorcycle along with his father and his brother. The said motorcycle was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident the said Ashok suffered fracture of the right leg. He was treated at M/s.Sundaram Medical Foundation, Madras. He filed a claim through his father for compensation in a sum of Rs.50,000/- for the injury suffered in the accident. https://hcservices.ecourts.gov.in/hcservices/ 3. The claim was adjudicated along with two other claims. In support of the present claim, the father of the minor injured claimant was examined as P.W.2. Dr.Thiyagarajan, was examined as P.W.3. Exs.A-1 to A-19 were marked. On behalf of the appellant transport corporation, the respondent before the Tribunal, one Sampath, the driver of the appellant transport corporation bus was examined as R.W.1 and Ex.B-1, the accident report was filed. 4. The finding of negligence on the part of the driver of the appellant transport corporation bus, who was responsible for the accident, in which the minor claimant suffered injury and the liability fixed on the appellant transport corporation to compensate the injured claimant is not seriously disputed by the learned counsel for the appellant and such finding of the Tribunal is confirmed. 5. As far as quantum of compensation is concerned, the Tribunal decided the issue in answer to point No.2 in respect of M.C.O.P.No.2865 of 1999 of the award. It is stated that the injured claimant, a four years old student, suffered 25% disability and that has been assessed under Ex.A-5. He was in two hospitals, viz., M/s.Sundaram Foundation and Pavithra Hospital. The injured claimant was 4 years old at the time of accident. The medical expenses were supported by medical Bills Ex.A-7 series. The period of treatment was supported by Ex.A-6. Based on the nature of injury, the disability assessed and the age of the injured claimant, the Tribunal granted the following amount as compensation with interest at 9% per annum:- Sl.No. Head Amount granted by the Tribunal 1 Disability assessed at 25% Rs.30,000/- 2 Medical expenses Rs. 600/- 3 Pain and sufferings Rs. 5,000/- Total Rs.35,600/- 6. In appeal, the learned counsel for the appellant pleaded that a sum of Rs.30,000/- granted for the disability assessed at 25% is excessive. 7. On going through the award of the Tribunal, this Court is not inclined to accept the plea of the learned counsel for the appellant for reduction in the quantum of compensation as no amount has been granted for extra nutrition, transport expenses and attender charges. Hence, the total compensation does not require any further reduction as also the interest granted at 9% as the accident in this case happened in the year 1998 and the award was passed in the year 2003. 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 permitted to withdraw the same. Consequently, connected miscellaneous petition is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Registrar, Small Causes Court, (The Motor Accidents Claims Tribunal) Chennai. + 1 c.c. to Mr. P. Jagadeeswaran, Advocate. S.R.No.3521. Judgment in C.M.A.No.211 of 2009 KJI (CO) GSK 12.02.2009. https://hcservices.ecourts.gov.in/hcservices/