IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29/06/2004
CORAM
THE HONOURABLE MR.JUSTICE K.GOVINDARAJAN
AND
THE HONOURABLE MR.JUSTICE T.V.MASILAMANI
C.M.A(NPDB).No.1716 of 2004
and
C.M.P.No.9423 of 2004
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Villupuram Division-I),
Villupuram. .. Appellant
-Vs-
Rajaraman .. Respondent
Civil Miscellaneous Appeal against the award dated 21.1.2003
M.A.C.O.P.No.966 of 2002 on the file of the Motor Accidents Claims Tribunal
(Additional District Court), Chidambaram.
!For appellant : Mr.P.Kannan Kumar for M/s.G.Muniratnam
^For Respondent : ---
:JUDGMENT
(The Judgment of the Court was delivered by T.V.Masilamani,J.)
The Transport Corporation is the appellant herein. The claimant is
the injured who has filed the claim petition for Rs.1,50,000/-. It is stated
that on 17.9.1999, when he was proceeding in a motor-cycle, he met with an
accident due to the rash and negligent driving of the bus by the
appellant/Corporation’s driver and thereby, sustained grievous and simple
injuries.
2. Learned Tribunal Judge, having analysed the oral and documentary
evidence adduced by both sides, found that the claimant suffered disability to
the extent of 30% on account of the fracture of right knee and also due to
three other simple injuries. Hence, a sum of Rs.35,000/- had been awarded
towards 30% disability and another sum of Rs.2 5,000/- has been awarded
towards medical expenses, transport cost, nutritious food and cost of
medicines. Hence, a sum of Rs.60,000/- has been awarded as total
compensation.
3. Learned counsel for the appellant/Corporation has advanced the
argument only with reference to the quantum fixed by the Tribunal. He
submitted that the percentage of disability arrived at is on the higher side,
in view of the evidence of P.W.2 Doctor and Ex.P-9 medical bill and Ex.P-10
disability certificate. Though P.W.2 Doctor has stated that the disability
has been fixed approximately, he has given evidence to the effect that the
claimant had suffered a fracture on his right knee and thereby, he suffered
disability.
4. On a careful perusal of the evidence on record, we are unable to
accept the contention of the appellant’s counsel in this respect, as
admittedly the claimant had suffered a fracture and three other simple
injuries on account of the accident.
5. Similarly, the Tribunal has awarded Rs.25,000/- towards other
expenses like transport cost, medical expenses, nutritious food and the cost
of medicines, which in our opinion, is a just and reasonable quantum of
compensation under the same heads.
6. For the reasons stated above, we are unable to find any merit in
the appeal and the same is dismissed. Consequently, C.M.P.No.9423 of 2004 is
also dismissed.
Index: Yes
Internet: Yes
cs
To
The Motor Accidents Claims Tribunal (Addl. District Court), Chidambaram.