1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL(MD) No.247 of 2011 P.Madhurai Veeran .. Appellant/Petitioner Vs. The Managing Director, Tamil Nadu State Transport Corporation Limited, having office at Railway Station New Road, Kumbakonam. .. Respondent/Respondent Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 29.07.2009 passed in M.C.O.P.No.140 of 2007 by the Motor Accidents Claims Tribunal/Additional Sub Court, Kumbakonam. For Appellant .. Mr.S.Sivathilagar For Respondent .. Mr.N.Asaithambi (No appearance) JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 29.07.2009 passed in M.C.O.P.No.140 of 2007 by the Motor Accidents Claims Tribunal/Additional Sub Court, Kumbakonam. 2. The appellant herein as petitioner has filed M.C.O.P.No.140 of 2007 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.2,00,000/- by way of compensation, wherein the present respondent has been shown as sole respondent. 3. It is stated in the petition that on 10.10.2004 at about 01.30 a.m., the petitioner has proceeded near Sundera Perumal Kovil in the Main Road. At that time, the driver of the first respondent has driven the bus in rash and negligent manner and dashed against the petitioner. Due to accident, the petitioner has sustained multiple injuries including fractures. Under the said circumstances, the respondent is liable to pay compensation. 4. In the counter filed on the side of the respondent, it is stated that the driver of the respondent is not responsible for the accident. The entire accident has happened only due to https://hcservices.ecourts.gov.in/hcservices/ 2 negligence on the part of the petitioner. The petitioner has claimed excessive compensation 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.45,500/- by way of compensation. In order to get enhancement of compensation, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. Even though, the present Civil Miscellaneous Appeal has been posted today either for disposal on merits or for dismissal, the learned counsel appearing for the respondent has not made his appearance. Under the said circumstances, the present Civil Miscellaneous Appeal is disposed of on merits on the basis of the contention putforth on the side of the appellant/petitioner. 7. The learned counsel appearing for the appellant/petitioner has contended that the petitioner has sustained 28.5% disability, but the Motor Accidents Claims Tribunal has erroneously awarded Rs.45,500/- by way of compensation. 8. It is an admitted fact that as per Ex.P.4, the petitioner has sustained 28.5% disability. The Motor Accidents Claims Tribunal has awarded Rs.28,000/- towards disability and the same can be accepted. The Motor Accidents Claims Tribunal has awarded Rs.15,000/- towards pain and sufferings and this Court is of the view to award Rs.20,000/- towards pain and sufferings. 9. The Motor Accidents Claims Tribunal has awarded Rs.2,000/- towards nutrition. Considering the nature of injuries sustained by the petitioner, this Court is of the view to award Rs.10,000/- towards nutrition. The Motor Accidents Claims Tribunal has awarded Rs.500/- towards transportation and this Court is of the view to award Rs.1,000/- towards transportation and in aggregation the petitioner is entitled to get Rs.59,000/- and to that extent the award in question is liable to be enhanced. 10. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.140 of 2007 by the Motor Accident Claims Tribunal/Additional Sub Court, Kumbakonam is modified as follows: The appellant/petitioner is entitled to get Rs.59,000/- by way of compensation. In other aspect, the award in question is confirmed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal/ Additional Subordinate Judge, Kumbakonam. +1cc to M/s.S.Sivathilagar, Advocate SR.No.31377 smn ssk/03.10.2011 /3c-3p/- C.M.A(MD)No.247 of 2011 12.09.2011 https://hcservices.ecourts.gov.in/hcservices/