IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03.12.2008 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No. 3693 of 2008 and M.P.No.1 of 2008 The Managing Director, Tamil Nadu State Transport Corporation,-Division III, Villupuram .. Appellant/Respondent Vs. L.Venkatesan .. Respondent/Claimant . . . Appeal filed under Section 173 of the M.V.Act against the award and decree dated 20.12.2007 in MCOP No. 3116 of 2000 passed by the Motor Accidents Claims Tribunal,( III Judge,Small Causes Court -III) Chennai. . . . For Appellant : Mr.B.Vijayalakshmi For respondent : Mrs.Salim Fathima for Mrs. R.Manoranjitham . . . JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 20.12.2007 in MCOP No. 3116 of 2000 passed by the Motor Accidents Claims Tribunal, ( Small Causes Court -III) Chennai. 2. It is a case of injury. The accident, in this case happened on 10.01.1999. The injured claimant Venkatesan, aged 39 years,and working as a clerk was travelling in a bus. The bus hit against a lorry and in that accident, the claimant suffered fracture of Zygoma and loss of 11 teeth. He was treated at Tiruvallore Government Hospital for three days from 10.01.99 to 13.01.99. Though the claimant pleaded that he was treated as out patient for six months in a private hospital, no records were produced to prove the https://hcservices.ecourts.gov.in/hcservices/ same. He claim a sum of Rs.1,20,000/- as compensation stating that his income was Rs.2,000/- per month as a clerk. 3. In support of the claim, the injured claimant was examined as P.W.1 and Dr.Thiagarajan was examined as P.W.2. Documents Exs.P.1 to P.5 were marked. Ex.P.1 is the copy of First Information Report. Ex.P.2 is the discharge summary. Ex.P.3 is the bus ticket. Ex.P.4 is the Disability Certificate. ExP.5 is the X- Ray. No oral or documentary evidence was let in on the side of the appellant/respondent before the Tribunal. 4. the Tribunal on the basis of oral and documentary evidence, particularly, the disability Certificate issued under Ex.P.4 assessing the disability at 53% and the discharge summary, Ex.P.2, granted the following amounts as compensation with 7.5% interest. Sl.No. Head Amount granted by the Tribunal 1 Permanent disability assessed at 53% Rs. 53,000/- 2 Loss of income during the period of treatment Rs. 12,000/- 3 Pain and Suffering Rs. 32,000/- 4. Medical expenses Rs. 2,000/- 5. Extra Nourishment Rs. 2,000/- 6 Transport expenses Rs. 2,000/- 7 Loss of expectation of life Rs. 10,000/- 8. Loss of amenities Rs 10,000/- 9 Damage to clothing and articles Rs. 1,000/- 10 Miscellaneous expenses Rs. 1,000/- Total Rs. 1,25,000/- However, since the claimant restricted the claim to Rs.1,20,000/, the Tribunal granted the said sum as compensation with interest at 7.5% 5. The only contention raised by the counsel for the appellant is on the quantum of compensation, in particular, the counsel stated that a sum of Rs.10,000/- granted for loss of expectation of life is not justified as adequate compensation for disability, pain and suffering and towards pecuniary and non pecuniary damages has been granted. https://hcservices.ecourts.gov.in/hcservices/ 6. Heard the learned counsel for the claimant, who justified the award. 7. In this case, the injured Clerk is 39 years. He suffered fracture of zygoma and loss of 11 teeth. The disability has been assessed marginally higher at 53%. The amounts granted for pecuniary loss is on the lower side and for non pecuniary loss, it is marginally higher. In any event, except the sum of Rs.10,000/- granted for loss of expectation of life, other amounts are not disputed by the learned counsel for the appellant. The appellant counsel's plea is justified as adequate compensation is granted on all heads applicable. Therefore, the sum of Rs.10,000/- granted for loss of expectation of life is set aside. The compensation on the other heads are confirmed. The total award is modified and reduced to Rs.1,10,000/-. Interest at 7.5% granted by the Tribunal is confirmed, since the accident happened in the year 1999 and the award was passed in the year 2007. 8. In the result, the Civil Miscellaneous Appeal is partly allowed as follows: i)The award of the Tribunal is reduced to Rs.1,10,000/- from Rs.1,20,000/- ii) The interest granted by the Tribunal at the rate of 7.5% is confirmed. iii) Learned counsel for the appellant seeks eight weeks' time to deposit the entire amount and is granted. The claimant is entitled to withdraw the amount as per the order of this Court. iv) Consequently, connected miscellaneous petition is closed. v) No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar PAL https://hcservices.ecourts.gov.in/hcservices/ To The Motor Accidents Claims Tribunal, (III Judge, Small Causes Court-III), Chennai. +1cc to Mrs. B.Vijayalakshmi, Advocate Sr 68036 +1cc to MRs. R.Manoranjitham, Advocate Sr 67920 CK (CO) km/24.12. CMA No. 3693 of 2008 https://hcservices.ecourts.gov.in/hcservices/