IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 27.02.2017 CORAM THE HONOURABLE Dr.JUSTICE S.VIMALA C.M.A.No.1062 of 2017 and C.M.P.No.5188 of 2017 The Managing Director, Tamil Nadu State Express Transport Corporation Ltd., [SETC], Anna Salai, Chennai-2. .. Appellant Vs 1.S.Jai Babu 2.Suryaprakasam 3.The Manager, United India Insurance Co. Ltd., 38, Anna Salai, Chennai-2. .. Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 22.11.2004 made in M.C.O.P.No.125 of 1999 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Kancheepuram.
For Appellant : Mr.M.Krishnamoorthy J U D G M E N T This Civil Miscellaneous Appeal has been preferred against the judgment and decree passed in M.C.O.P.No.125 of 1999 claiming compensation in a sum of Rs.3,00,000/- by one Jai Babu, aged 19 years, a silk weaver, earning a sum of Rs.3,000/- per month, for the injuries sustained by him in an accident on 10.12.1998.
2. The Tribunal, on consideration of oral and documentary evidence, awarded compensation in a sum of Rs.1,68,130/-, the break-up details of which are as under:
Medical expenses - Rs.1,18,130/- Transport expenses & nourishment - Rs. 10,000/- 40% Disability - Rs. 40,000/-
Total - Rs.1,68,130/-
3. Challenging the award granted by the Tribunal as excessive, the Transport Corporation has filed this appeal.
4. Though very many grounds have been raised in this appeal, however, at the time of argument, the learned counsel for the appellant restricted his argument to the quantum of compensation alone and therefore, this Court is not venturing into the other grounds raised by the appellant.
5. This Court gave its anxious consideration to the contentions advanced by the learned counsel for the appellant and perused the materials available on record as also the order passed by the Tribunal.
6. A perusal of the award passed by the Tribunal reveals that the Tribunal has rightly fixed the percentage of disability. So far as medical expenses are concerned, it has been awarded at Rs.1,18,130/-, which is based on medical bills, cannot be said to be exorbitant. The compensation awarded under the other heads, viz., transport expenses and nourishment, the compensation awarded is very low. However, at this point of time, this Court is not inclined to enhance the compensation awarded under the non-pecuniary heads. Accordingly, the compensation awarded under the above heads are confirmed.
7. For the reasons aforesaid, there being no merits, this appeal is liable to be dismissed. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
8. The appellant/Transport Corporation is directed to deposit the entire amount of compensation as awarded by the Tribunal, less the amount, if any, already deposited, along with interest at 9% per annum from the date of petition till the date of deposit, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the claimant/first respondent through RTGS within a period of two weeks thereafter.
Index : Yes/No Internet : Yes/No gya/GLN To
1. Motor Accidents Claims Tribunal, Subordinate Judge, Kancheepuram.
2. The Section Officer, VR Section, High Court, Madras.
27.02.2017 [6/9] Dr.S.VIMALA, J.
gya/GLN C.M.A.No.1062 of 2017 and C.M.P.No.5188 of 2017 27.02.2017 [6/9]