The Managing Director, Tamilnadu State Transport Corporation Coimbatore Division Ltd. vs Maruthamuthu @ Muthu and R. Natarajan (no relief claimed against him)

P. Sathasivam, J.—Tamil Nadu State Transport Corporation, Coimbatore Division is the appellant.

In respect of grievous injuries sustained in a motor vehicle accident that took place on 25.02.1997, the first respondent herein / claimant, prayed

for a compensation of a sum of Rs. 3,25,000/-. The Tribunal, on appreciation of oral and documentary evidence, passed an award for a sum of

Rs. 90,000/- together with interest at the rate of 9% per annum from the date of petition till date of deposit. Questioning the same, present appeal

has been filed.

The first respondent / claimant is represented by a counsel.

Heard the learned Counsel for the appellant as well as the contesting first respondent.

Even at the outset, the learned Counsel for the appellant Transport Corporation fairly states that they are aggrieved only with regard to quantum

of compensation determined by the Tribunal, hence, there is no need to go into the finding relating to negligence aspect.

The learned Counsel for the appellant mainly submitted that though the medical bills were produced only to the extent of Rs. 6,500/-, the

Tribunal has granted a sum of Rs. 25,000/- towards medical expenses without any basis. He also contended that for 18% permanent disability, the

Tribunal has granted Rs. 60,000/-. According to the learned Counsel for the appellant, the amount awarded towards medical expenses and

permanent disability are on the higher side.

It is seen from the evidence of PW.1, injured-claimant that due to the accident that took place on 25.02.1997, he fell down from the bus and

sustained fracture on his left side rib and also sustained injuries on his left leg, right knee. According to him, he was in the hospital from 07.03.1997

to 16.03.1997 as in-patient. He further deposed that he was working as an Assistant in Maharaja Sweets. In addition to the evidence of PW.1,

Dr. Md. Jupair was examined as PW.2. The accident register has been marked as Ex.P.4, case summary as Ex.P.6, medical chits as Ex.P.7,

medical bills as Ex.P.8, disability certificate as Ex.P.9 and X-ray as Ex.P.10.

Considering the fact that the claimant has produced medical bills only to the extent of Rs. 6,500/-, I am of the view that he is entitled to a sum of

Rs. 7,000/- towards medical expenses. Considering the fact that the injured sustained fracture, grievous injuries and had taken treatment as in-

patient, the award of Rs. 5,000/- towards pain and suffering is quite reasonable and acceptable.

As per the evidence of PW.2 and Exs.P.9 and P.10, PW.1 sustained 18% disability, which is permanent. Considering the avocation of the

injured and the evidence of PW.2, I am of the view that a sum of Rs. 30,000/- could be awarded for permanent disability.

Taking note of the fact that the injured had a wound in his left side rib and fracture and injuries on the left leg, right knee and in the light of his

evidence that he is not in a position to do the same work as he was doing prior to the accident, I am of the view that he is entitled to a sum of Rs.

18,000/- towards future loss of income/earning power, altogether he is entitled to a sum of Rs. 60,000/- as compensation. To this extent the award

of the Tribunal is modified.

Though the learned Counsel for the appellant submitted that interest at the rate of 9% is on the higher side, taking note of the fact that the

accident had occurred in the year 1997 and the Tribunal disposed of the claim petition only in 2003, I am not inclined to disturb the rate of interest.

Accordingly, the claimant is entitled interest at the rate of 9% for the modified amount from the date of petition till date of deposit.

Under these circumstances, the appeal is allowed in part to the extent mentioned above. No costs. Consequently, connected CMP., is closed.