IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1656 of 2004(C) ----------------------- (AGAINST THE AWARD IN O.P.(MV)286/97 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.) APPELLANT(S): APPELLANT/1ST RESPONDENT -------------------------------------- MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD., MADURAI DIV.III, NAGERCOIL. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): CLAIMANT AND RESPONDENTS 2 TO 5 --------------------------------------------------------------- 1. JAYA MARY, MELATHIL HOUSE, VELAR LANE, PETTAH, THIRUVANANTHAPURAM. 2. DENNIS S/O. SUNDARAN, MUNDAVILAI, VIRICODE P.O., MARTHANDAM. 3. M.ABDUL HAMEED, 19/281, KARAMANA P.O., THIRUVANANTHAPURAM. 4. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, KOTTARATHIL BUILDING, PALAYAM, THIRUVANANTHAPURAM. 5. ZEENATH W/O. ABDUL RASHEED, T.C. 19/1261, METHODE VEEDU, KUNCHALMOODU, KARAMANA, THIRUVANANTHAPURAM. ADV. SRI.LAL GEORGE FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1656 OF 2004 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 256/97. The appellant is the managing Director of the Tamil Nadu Road Transport Corporation. Its bus collided with a lorry resulting injuries to the claimant who was aged 40 years at the time of the accident. The Tribunal awarded a compensation of Rs.34,000/- and it is against that decision, the present appeal is preferred. 2. Learned counsel for the appellant wound contend that the Tribunal had erred in not finding the negligence on the driver of the lorry. I had perused paragraph 8 and paragraph 9 of the award and the Tribunal has clearly held that the road was having a width of 22 feet and the bus had gone to the wrong side and collided with the lorry. It further observed that the lorry has been dragged. The evidence of PW1 alone was available and the driver of the Transport bus M.A.C.A. 1656 OF 2004 -:2:- did not mount the box. So I find no ground to interfere with the decision rendered by the Tribunal on the question of negligence. 3. So far as the compensation is concerned I had meticulously perused the award and it is seen that the Tribunal has awarded a sum of Rs.3,840/- for permanent partial disability resulting in loss of earning power. She had been adequately compensated under other heads. Besides this, she had been compensated on account of the loss of two teeth. The loss of teeth wound not attract loss of earning power and therefore the said finding of the Tribunal cannot be accepted. If that is deducted the claimant will be entitled to a compensation of Rs.29,635/-. Therefore the award passed by the Tribunal is modified and the claimant is awarded a compensation of Rs.29,635/- with 9% interest on the said sum from 28.2.97 till realisation from respondents 1 and 2 in the claim application and the first respondent/appellant being the owner of the offending vehicle is directed to produce the cheque for the said amount M.A.C.A. 1656 OF 2004 -:3:- within a period of sixty days from the date of receipt of a copy of the judgment. If any amount is already deposited that can be given credit to. M.N. KRISHNAN, JUDGE. ul/-