IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.09.2010 CORAM THE HONOURABLE MR. JUSTICE. C.S.KARNAN C.M.A.No.2640 of 2007 M.Thiyagarajan .. Appellant/Claimant Vs The Managing Director Tamilnadu State Transport Corporation (Villupuram Division-I) Ltd., Villupuram .. Respondent/Respondent Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree, dated 29.11.2006, made in M.C.O.P.No.5398 of 2001, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai. For appellant : Mr.U.M.Ravichandran For respondent : Mr.V.Ramesh J U D G M E N T The above Civil Miscellaneous Appeal has been filed by the appellant/claimant against the Award and Decree, dated 29.11.2006, made in M.C.O.P.No.5398 of 2001, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai, awarding a compensation of Rs.22,000/- together with 7.5% interest per annum, from the date of filing the claim petition till the date of payment of compensation. 2.Having not been satisfied with the said Award and Decree, the appellant/claimant has filed the above appeal praying additional compensation of Rs.1,28,000/-. 3.The short facts of the case are as follows: On 07.05.2001, at about 12.15 p.m. the petitioner along with others, was travelling as a passenger in the Van bearing registration No.TN02 E1980, from south to north direction at the western side of the G.S.T.Road. When the van was nearing Bala Subramaniam Petrol Bunk, Vandaloor, the respondent's Corporation bus bearing registration No.TN32 N1045, driven by its driver in a rash and negligent manner endangering the public safety came at a dangerous speed from the same direction, hit the van from behind. In the result, the petitioner sustained undisplaced fracture of nasal septum, injury on left upper lip, injury on the spine, pelris, injury https://hcservices.ecourts.gov.in/hcservices/ on the claricle, stomach face, forehead. The accident had happened due to the rash and negligent driving of the driver of the respondent's Corporation bus. As such, the petitioner claimed a compensation of Rs.1,50,000/- before the Tribunal. 4.The respondent in their Counter had resisted the claim petition, which reads as follows: "This respondent submits that on 07.05.2001 their bus Route No.122 bearing registration No.TN32 N1045 was on its trip from Tiruvannamalai to Chennai. At about 2.15 hrs. while the bus was proceeding slowly and cautiously according to traffic rules along G.S.T.Road, Perungalathur, a van which was proceeding in front of the bus in a rash and negligent manner, due to sudden cross of a bull in the road without giving any signal to the vehicles that are coming behind suddenly stopped. On seeing this rash and negligent act of the van driver. The driver of the bus applied brake and stopped the bus at once. Even then the accident took place. From the above explained facts it is clear that the accident occurred only due to the rash and negligent driving of the van driver. Hence, the claim petition against this respondent is not maintainable and liable to be dismissed." 5.The learned Motor Accident Claims Tribunal framed two issues for the consideration namely: (i) At whose negligence, the accident had happened? (ii) If the accident had happened due to the rash and negligent driving of the driver of the respondent's Corporation, what is the quantum of compensation , which the Insurance Company is liable to pay? 6.On the petitioner's side, one Mahendiran was examined as PW1, one Ambeth Kumar was examined as PW2, one Indira alias Indiravathi was examined as PW3, the petitioner was examined as PW4 and Dr.R.Thiagarajan was examined as PW5 and 21 documents were marked as Exs.P1 to P21 namely Ex.P1-Xerox copy of the First Information Report, Ex.P2-Xerox copy of the Sketch, Ex.P3-Discharge Summary, Ex.P4-Salary Certificate, Ex.P5-Doctor Certificate, Ex.P6-Doctor Certificate for expenses, Ex.P7-Discharge Summary, Exs.P8-X-ray, Ex.P9-Medical Bills, Exs.P10 to 12-Discharge Summaries, Ex.P13-Salary Certificate, Exs.P14 to P16-Disability Certificate, Ex.P17-X-ray, Ex.P18-Disability Certificate, Ex.P19-X-ray, Ex.P20-Disability Certificate and Ex.P21-X-ray. On the respondent's side, the driver of the bus Magudamoorthi was examined as RW1 and no documents were marked as exhibits. https://hcservices.ecourts.gov.in/hcservices/ 7.PW4, the claimant had adduced evidence stating that on 07.05.2001, at about 12.15 p.m. himself along with others, was travelling as a passenger in the Van bearing registration No.TN02 E1980, from south to north direction at the western side of the G.S.T.Road. When the van was nearing Bala Subramaniam Petrol Bunk, Vandaloor, the respondent's Corporation bus bearing registration No.TN32 N1045, driven by its driver in a rash and negligent manner endangering the public safety came at a dangerous speed from the same direction, hit the van from behind. In the result, he sustained injuries on his nose, chest, face and backside. Immediately, after the said accident, he was rush to Hindu Mission Hospital, Tambaram, wherein he was admitted as inpatient from 07.05.2001 to 08.05.2001. In order to prove the same, he had marked Ex.P11-Discharge Summary. 8.PW5, Dr.R.Thiagarajan, had adduced evidence stating that he examined and verified the medical records the and assessed the disability as 35% disability sustained by him. Further, he had adduced evidence stating that he sustained bone fracture injuries on his nose and lost his sensation. In order to prove the same, he had marked Ex.P20-Disability Certificate and Ex.P21-X-ray. 9.After considering the evidence of both sides and the documents, which were marked as exhibits, the learned Tribunal had come to the conclusion that the accident had occurred only due to the rash and negligent driving of the driver of the respondent's Corporation bus. As such, the respondent is liable to pay compensation to the petitioner and awarded the compensation as follows: i. Rs.10,000/- under the head of disability due to 35% disability, ii.Rs.7,000/- under the head of pain and suffering, iii. Rs.3,000/- under the head of medical expenses, iv.Rs.1,000/- under the head of nutrition, In total, the Tribunal awarded a sum of Rs.22,000/- as compensation to the claimant, together with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation. Further, the Tribunal directed the respondent to deposit the said compensation amount of Rs.22,000/- together with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation, within a period of two months from the date of its order. In turn, the said compensation amount to be deposited in any one of a nationalised bank, under the fixed deposit scheme. Accordingly ordered. https://hcservices.ecourts.gov.in/hcservices/ 10.Having not been satisfied with the said Award and Decree, the appellant/claimant has filed the above appeal praying additional compensation of Rs.1,28,000/-. 11.The learned counsel appearing for the appellant argued that the claimant awarded a sum of Rs.22,000/- as compensation, which is on lower side. Further, the Doctor assessed the disability as 35%, but the same was not considered by the Tribunal. Further, the learned counsel argued that the Tribunal awarded a sum of Rs.1,000/- under the head of nourishment is on lower side. Further, the learned counsel argued that the Tribunal had not awarded any compensation under the head of attender charges and loss of earning. Therefore, the learned counsel seeks additional compensation before this Court. 12.The learned counsel appearing for the respondent argued that the disability assessed by the Doctor is on higher side, since the claimant sustained only simple injuries and he was inpatient for one day at Hindu Mission Hospital, for which, the Tribunal awarded a sum of Rs.3,000/- as medical expenses. Further, the Tribunal awarded a sum of Rs.1,000/- under the head of nutrition and Rs.7,000/- under the head of pain and suffering. As such, there is no discrepancy in the said award and decree passed by the Tribunal. Hence, the learned counsel prays to dismiss the appeal filed by the appellant. 13.After considering the facts and circumstances of the case, arguments advanced by the learned counsel appearing on either side and the award and decree passed by the learned Motor Accident Tribunal, this Court is of the view that the quantum of compensation, awarded by the Tribunal, is on the lower side. Hence, this Court decided to modify the compensation as follows: i. The Tribunal awarded a sum of Rs.10,000/- under the head of disability due to 35% disability, this Court enhances it to Rs.70,000/-, ii.The Tribunal awarded a sum of Rs.7,000/- under the head of pain and suffering, this Court confirms the same as it is pertinent, iii. The Tribunal awarded a sum of Rs.3,000/- under the head of medical expenses, this Court confirms the same as it is pertinent, iv.The Tribunal awarded a sum of Rs.1,000/- under the head of nutrition, this Court confirms the same as it is pertinent, v. This Court awards a sum of Rs.1,000/- under the head of transport expenses, In total, this Court awards a sum of Rs.82,000/- as compensation, which is fair and equitable. After deducting the original award amount of Rs.22,000/-, this Court awards an additional award amount of Rs.60,000/- with interest at the rate of 7.5% per https://hcservices.ecourts.gov.in/hcservices/ annum from the date of filing the claim petition till the date of payment of compensation. 14.This Court directs the respondent/Tamilnadu State Transport Corporation Ltd., to deposit the entire additional compensation amount, as per the Order of this Court, with accrued interest thereon and costs, into the credit of the M.C.O.P.No.5398 of 2001, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai, within a period of six weeks from the date of receipt of a copy of this order. 15.After such deposit being made, it is open to the claimant to withdraw the entire compensation amount with accrued interest thereon and costs, lying in the credit of the M.C.O.P.No.5398 of 2001, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai, by making proper payment out application, in accordance with law. 16.In the result, this Civil Miscellaneous Appeal is partly allowed and the Award and Decree, dated 29.11.2006, made in M.C.O.P.No.5398 of 2001, passed by the Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai, is modified. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar krk To 1.The Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai, 2. The Section Officer, VR Section, High Court, Madras. 1 cc To Mr.V.M.Ravichandran, Advocate, SR.72210 1 cc To Mr.V.Ramesh, Advocate, SR.72690 C.M.A.No.2640 of 2007 CK (CO) RH (5.1.11) https://hcservices.ecourts.gov.in/hcservices/