Heard the learned counsel on either side.
2.The appellant Transport Corporation has filed this appeal on the ground of quantum. The claimant in M.C.O.P.No.694 of 2013 was travelling in a car when it got involved in an accident with the bus belonging to the appellant Transport Corporation. The said claimant suffered injuries on his right thigh and also on his upper limb. On account of the fractures suffered by him, he was out of employment for 53 days. He could not attend to his avocation for 53 days. He also availed leave for a period of 103 days. But for this accident, he would not have availed such a long leave.
3.Considering all the circumstances, the Tribunal awarded a sum of Rs.5,81,326/-. The said quantum fixed by the Tribunal does not warrant any interference. However, the Tribunal has awarded 9% interest. This Court consistently awards only 7.5% interest. Therefore, on this ground, there has to be a modification on the impugned award, in all other respects, the award of the Tribunal is confirmed. The award dated 31.01.2014 made in M.C.O.P.No.694 of 2013, on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Tirunelveli is modified as above.
4.The appellant is directed to deposit the entire compensation amount of Rs.5,81,326/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed To
1.The Motor Accidents Claims Tribunal/ Special Sub Court, Tirunelveli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
Note: Registry is directed to communicate the judgment copy to the respondent.
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