1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.393 of 2011 and MP(MD)No.1 of 2011 M/s.Oriental Insurance Co. Ltd., rep.through its Branch Manager .. Appellant/2nd Respondent Vs. 1.G.Velammal .. 1st Respondent/Petitioner 2.V.Prem Subburaj (given up) .. 2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the award dated 05.08.2010 passed in MCOP.No.77 of 2009 by the Motor Accidents Claims Tribunal/Sub Court, Aruppukottai. For Appellant : Mr.C.Jawahar RAvidnran For R – 1 : Mr.K.Kumaravel Second Respondent : Given Up JUDGMENT The award dated 05.08.2010 passed in MCOP.No.77 of 2009 by the Motor Accidents Claims Tribunal/Sub Court, Aruppukottai is being challenged in the present Civil Miscellaneous Appeal. 2. The first respondent herein as petitioner has filed MCOP.No.77 of 2009 on the file of the Motor Accidents Claims Tribunal under sections 140, 166, 171(3) of the Motor Vehicles Act r/w Rule 3(1) of the Motor Vehicles Rules praying to pass an award of Rs.5,00,000/-, wherein the present appellant has been shown as second respondent. 3. It is stated in the petition that on 17.07.2009 at about 11.00 am, the petitioner has travelled in the bus bearing Registration No.TN- 67-F-6662 which belonged to the first respondent. In Periya Kattangudi bus stop the petitioner has tried to alight from the bus. But all of a sudden the driver of the first respondent has driven the bus in rash and negligent manner and due to that the petitioner has met with the accident in question. The petitioner has sustained a fracture in her left hand. The petitioner has done weaving work and thereby earned Rs.200/- per day. Under the said circumstances, the present petition has been filed for getting compensation. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In the counter filed on the side of the second respondent it is stated that the accident has not happened due to rash and negligent driving of the driver of the first respondent. The petitioner has tried to jump from the running bus and due to that she herself invited accident and there is no merit in the petition and the same deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded Rs.3,15,000/- by way of compensation. With regard to quantum of compensation, the present Civil Miscellaneous Appeal has been filed at the instance of the second respondent as appellant. 6. The learned counsel appearing for the appellant/second respondent has contended that the petitioner has sustained only 80% permanent disability. But the Motor Accidents Claims Tribunal has excessively awarded Rs.80,000/- towards pain and suffering and even without having any record, the Motor Accidents Claims Tribunal has awarded 1,00,000/- by way of loss of income and further it has excessively awarded Rs.50,000/- towards medical expenses. Under the said circumstances, the award passed by the Motor Accidents Claims Tribunal is liable to be modified. 7. Per contra, the learned counsel appearing for the first respondent/petitioner has contended that since the petitioner has sustained 80% permanent disability and since she lost her job, the Motor Accidents Claims Tribunal has rightly awarded Rs.80,000/- towards pain and suffering and Rs.1,00,000/- towards loss of earning and therefore, the award passed by the Motor Accidents Claims Tribunal need not be interfered with. 8. On the side of the petitioner replete evidence is available so as to prove that she suffered 80% permanent disability. The Motor Accidents Claims Tribunal has awarded Rs.80,000/- towards permanent disability and the same can be accepted. The Motor Accidents Claims Tribunal has awarded Rs.80,000/- towards pain and suffering. Considering the nature of injuries sustained by the petitioner, this Court is of the view to award Rs.50,000/- towards pain and suffering. The Motor Accidents Claims Tribunal has awarded Rs.1,00,000/- towards loss of income. As rightly pointed out on the side of the appellant/second respondent there is no document on the side of the petitioner to prove her daily income. However, it is stated in the petition that she has done weaving work prior to accident. Under the said circumstances, this Court is of the view to award Rs.75,000/- towards loss of earning. The Motor Accidents Claims Tribunal has awarded Rs.50,000/- towards future medical expenses and the same can be accepted. The Motor Accidents Claims Tribunal has awarded Rs.5,000/- towards nutrition and the same can also be accepted and in aggregation the petitioner is entitled to get Rs.2,60,000/-. 9. In fine, this Civil Miscellaneous appeal is allowed in part without cost. Connected Miscellaneous Petition is closed and the award passed in MCOP.No.77 of 2009 by the Motor Accidents Claims Tribunal/Sub Court, Aruppukottai is modified as follows: https://hcservices.ecourts.gov.in/hcservices/ 3 The first respondent/petitioner is entitled to get Rs.2,60,000/- by way of compensation. In other aspects, the award passed by the Motor Accidents Claimed Tribunal is confirmed. sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (C.S) To The Subordinate Judge, The Motor Accidents Claims Tribunal, Aruppukottai. + 1 cc to M/s.C.Jawahar Ravindran, Advocate, SR No.27838 + 1 cc to M/s.K.Kumaravel, Advocate, SR No.28076 C.M.A(MD)No.393 of 2011 17.08.2011 mj RJ/12.9.11 3p/4c https://hcservices.ecourts.gov.in/hcservices/