IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.11.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No.3500 of 2008 ......... The Managing director, Tamilnadu State Transport Corporation Ltd., Kumbakonam. ... Appellant/Respondent Vs. Narayanasamy .. Respondent/Petitioner Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the award and decree dated 17.11.2006 in MACTOP No. 374 of 2005 on the file of the Motor Accident Claims Tribunal cum I Additional Sub Court, Coimbatore. For Appellant : Mr. N. Anand ....... JUDGMENT The Transport Corporation has filed this challenging the award dated 17.11.2006 in MACTOP No. 374 of 2005 on the file of the Motor Accident Claims Tribunal cum I Additional Sub Court, Coimbatore. 2. It is a case of injury. The accident in this case happened on 19.10.2000. The injured claimant is a driver of the bullock cart, aged about 20 years . He was travelling in a bullock cart on Chidambaram-Cuddalore main road when he was hit by the appellant transport corporation bus driven in a rash and negligent manner by its driver. In that accident, he suffered injuries on the left leg knee, abrasions and lacerations in the hip region, and open wound on the head. The nature of injuries suffered by him are stated in the accident register, Ex.A2. He was treated at Government Hospital from 19.10.2004 to 22.10.2004. Ex.A4, hospital records also show the nature of injury and the treatment given to the claimant. For the damages caused to the tyre bullock cart and the injuries suffered, a sum of Rs.50,000/- was claimed as compensation on various heads. 3. In support of the claim petition, the injured claimant was examined as P.W.1. Documents Exs. A1 to A4 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the copy of the accident https://hcservices.ecourts.gov.in/hcservices/ register. Ex.A3 is the M.V.I. Report. Ex.A4 is the O.P. Chit. On behalf of the appellant/ respondent before the Tribunal, no oral and documentary evidence was let in. 4. The injured claimed that his income was Rs.3,000/- p.m. The Tribunal, considering the nature of injury, period of treatment, age and occupation of the injured claimant, granted Rs.20,000/- as compensation with interest at the rate of 7.5% p.a. 5. The finding of negligence on the part of the driver of the appellant Transport Corporation bus and the liability of the appellant to compensate the claimant is not in dispute and the same is confirmed. 6. The only contention raised by the learned counsel for the appellant is on the quantum of compensation stating that the sum of Rs.20,000/- granted by the Tribunal is excessive. 7. This Court is not inclined to interfere with the quantum of compensation for the following reasons. 8. The accident in this case happened in the year 2000. The injured claimant, aged 20 years, is a cart driver. He suffered injuries all over the body in the accident caused due to rash and negligent driving on the part of the appellant transport corporation bus. He was in hospital for four days. Therefore, he needs to be compensated for pain and suffering, extra nourishment, transport expenses, loss of income during the period of treatment, which would be for the period of two months and for attender charges. Accordingly, the amount of Rs.20,000/- granted by the Tribunal, if it is excessive on one head, can be adjusted on other heads in the following manner. Sl.No. Head Amount granted by the Tribunal Amount granted by this court 1 For injuries, pain and suffering, mental agony and medical expenses Rs. 20,000/- --- 1 Pain and suffering --- Rs. 10,000/- 2 Transport expenses --- Rs. 1,000/- 3 Extra nourishment --- Rs. 2,000/- 4 Attender charges --- Rs. 1,000/- 5 Loss of income for two months --- Rs. 6,000/- Total Rs. 20,000/- Rs.20,000/- https://hcservices.ecourts.gov.in/hcservices/ 9. Since the accident happened in the year 2000 and the award was passed in the year 2006, the interest granted by the Tribunal at 7.5% p.a. is confirmed. 10. Finding no merits, the civil miscellaneous appeal is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. 11. Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, the claimant is entitled to withdraw the same. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Motor Accident Claims Tribunal cum I Additional Sub Court, Coimbatore. 2.The Section Officer, VR Section, High Court, Madras. 1 cc To Mr.N.Anand, Advocate, SR.64084 CMA No. 3500 of 2008 GV(CO) SRA(31/12/2008) https://hcservices.ecourts.gov.in/hcservices/