The Transport Corporation is the appellant herein. The impugned award is questioned on the ground of liability as well as quantum.
Admittedly, the injured claimant had travelled in the foot-board of the bus belonging to the appellant Corporation. He had tried to get down from the moving bus. He fell down and sustained injuries. The Tribunal had awarded a lumpsum compensation of Rs.4,10,000/-. There is no basis for awarding such lumpsum compensation. It has been assessed that the claimant suffered 35% disability. Therefore, a sum of Rs.1,05,000/- can be awarded as disability compensation. The claimant was an inpatient in Government Hospital for 25 days, which shows that the claimant must have suffered pain and sufferings. He was a minor at that time. Therefore, a further sum of Rs.1,00,000/- can be awarded towards pain and sufferings. A sum of Rs.5,000/- can be awarded towards attender charges. Therefore, the compensation payable to the claimant is quantified at Rs.2,10,000/-. The award dated 09.03.2015 made in M.C.O.P.No.1241 of 2009 on the file of the Motor Accident Claims Tribunal/III Additional Sub Court, Tiruchirappalli is modified accordingly.
3.The appellant is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum, from the date of petition, till the date of realization and costs, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the claimant is permitted to withdraw the entire amount, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
4.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accident Claims Tribunal/ III Additional Sub Court, Tiruchirappalli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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