1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No(MD)No.549 of 2011 and M.P(MD)No.1 of 2011 The Managing Director, Tamilnadu State Transport Corporation Ltd., Pudukottai Branch, Pillaithanner Pandhal, Thirumayam Road, Pudukottai. ... Appellant/Respondent Vs. Etthiraj ... Respondent/Petitioner * * * * PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 06.08.2009 made in M.C.O.P.No.275 of 2006 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukottai. For Appellant : Mr.N.Asaithambi For Respondent : Mr.N.Balakrishnan J U D G M E N T This Civil Miscellaneous Appeal is taken up for final disposal on merits at the admission stage. 2. The respondent/State Transport Corporation is the appellant herein. This Miscellaneous Appeal is directed against the award of compensation of Rs.73,000/- in favour of the claimant who is the injured in the accident occurred at 10.45 a.m., on 26.05.2006 opposite to National Lodge, Santhavaathapuram 5th street, Pudukottai due to rash and negligent driving of the bus belonging to the respondent/State Transport Corporation. 3. The date, time, place and manner of the accident, nature of the injuries sustained resulting in permanent disability suffered by the claimant despite his treatment for above two months in Government hospitals at Pudukottai and Thanjavur and his age and avocation, monthly earning and nature and extent of his permanent disability leading to loss of earning capacity, are not seriously denied. 4. The Tribunal on the basis of the evidence let in awarded compensation of Rs.73,000/- payable with interest at 7.5% per annum from the date of petition under the following heads: https://hcservices.ecourts.gov.in/hcservices/ 2 Permanent disability :Rs.42,000/- Pain and Suffering :Rs.10,000/- Day-to-day discomfort :Rs.10,000/- Loss of marriage prospects:Rs.10,000/- Extra Nourishment :Rs. 1,000/- ----------- Total :Rs.73,000/- ----------- 5. The learned counsel for the appellant has in this appeal seriously questioned the award of compensation of Rs.42,000/-, and Rs.10,000 and Rs.10,000/- under three different headings (1) permanent disability (2) Day-to-day discomfort and (3) loss of Marriage prospects. According to the learned counsel for the appellant, the award of compensation under separate headings is against the well settled legal position. 7. Per contra, the learned counsel for the respondent/claimant would not only attempt to defend the correctness of the award of compensation but also made an attempt to argue that the same is too low and inadequate. 8. Heard the rival submissions made on both sides. 9. As per the particulars available herein, the injured/claimant has sustained multiple fractures and bone fracture on his right forearm and despite his treatment for above two months, he did not fully recover and suffered partial permanent disability and the same is assessed by P.W.2/qualified medical practitioner at 21%. 10. It is needless to say that the fracture suffered by the injured/claimant on his right hand is likely to have greater impact upon his day-to-day affairs and he has to be dependent upon others for his normal activities. As such, the award of compensation of Rs.42,000/- for 21% partial permanent disability, cannot be stated to be on higher side. As far as the award of compensation of Rs.10,000/- each for day-to-day discomfort and loss of marriage prospects are concerned, the same can be modified and awarded under the heading pain and suffering, transport to hospital and extra nourishment. In the result, the compensation awarded by the Tribunal is hence modified as follows: Permanent Disability :Rs.42,000/- Pain and Suffering :Rs.20,000/- Transport to Hospital :Rs.10,000/- Extra Nourishment :Rs. 1,000/- ------------- Total :Rs.73,000/- ------------- 11. With such modification, the award dated dated 06.08.2009 made in M.C.O.P.No.275 of 2006 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukottai, is confirmed. The appellant/State Transport Corporation is directed to deposit the award amount into Court if not deposited till date within two months from the date of receipt of the copy of this order and on such deposit of the amount into Court, the claimant is permitted to withdraw the entire award amount with https://hcservices.ecourts.gov.in/hcservices/ 3 accrued interest and costs. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.SIde) /True Copy/ Sub-Assistant Registrar To The Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukottai. +One cc to Mr.N.Assithambi, Advocate, SR.No.15406 pm rl/3c – 15.7.2011 CMA(MD).No.549 of 2011 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/