Tamil Nadu State Transport v. V.Kasi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2015 CORAM :
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN CMA No.753 of 2015 and M.P.No.1 of 2015 Tamil Nadu State Transport Corporation Ltd., Rep. By the Managing Director, Villupuram.
.. Appellant / Respondent vs.
V.Kasi .. Respondent / Petitioner Prayer :- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 08.01.2014 made in MCOP No.1346 of 2010 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai. For Appellant : Mr.K.J.Sivakumar For Respondent : Mr.Terry Chellaraja
JUDGMENT
The appeal has been preferred by the Transport Corporation against the award of Rs.2,39,000/- of compensation to the respondent for the injuries sustained by him in the accident occurred on 13.11.2009.
2. Heard Mr.K.J.Sivakumar, learned counsel appearing for the appellant/transport corporation and Mr.Terry Chellaraja, appearing for the respondent/claimant.
3. It is evident from the records that the claimant sustained fracture of left clavicle, open reduction and internal fixation with plate was done in the left shoulder. Based on the evidence of PW2, doctor and medical records, the tribunal had determined the disability at 35%. Awarding a sum of Rs.2000/- per percentage of disability, a sum of Rs.70,000/- was rightly awarded by the tribunal under the head disability. Since the claimant was hospitalised from 13.11.2009 to 18.11.2009 and undergone subsequent treatment, the tribunal rightly awarded a sum of Rs.15,000/- under the head loss of income. Rs.8,000/- awarded towards transportation, https://hcservices.ecourts.gov.in/hcservices/
Rs.10,000/- towards extra nourishment and Rs.1,000/- towards damage to clothing, Rs.80,000/- towards medical expenses as per Ex.P4 and Rs.25,000/- towards future medical expenses for the surgery to remove the plates and Rs.30,000/- towards pain & suffering are all reasonable. In my considered opinion, the amount of Rs.2,39,000/- awarded by the tribunal as compensation alongwith interest @ 7.5% per annum seems to be reasonable and hence the same is confirmed. The appeals fails.
4. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
5. The appellant/transport corporation is directed to deposit the entire award amount alongwith interest and costs, as per the order of the tribunal, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the respondent/claimant is permitted to withdraw the amount. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rgr To The III Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.
1 cc to M/s.M.Malar ,Advocate, SR.No.20307 CMA No.753 of 2015 pur(co) pmk.8.6.2015 https://hcservices.ecourts.gov.in/hcservices/