Judgment :- P.D. Dinakaran, J. The appeal arises out of an judgment and decree dated 03.04.2003 made in M.A.C.T.O.P.No.159 of 1998, whereby the Motor Accidents Claims Tribunal, Panrutti, Cuddalore District has allowed the claim petition and awarded a compensation of Rs.45,000/- (Rupees Forty five Thousand only) with interest at 9% p.a., for the injuries sustained by the respondent/claimant, in a motor accident said to have taken place on 30.10.1997 at 12.30 hours, on the Chennai - Trichy GST Road at Pidagam Cinema Theatre. 2. According to the respondent/claimant, on 30.10.1997 at about 12.30 hours, when the claimant was travelling in a motor cycle as pillion rider from south to north on Chennai-Tiruchy GST Road, at Pidagam Cinema Theatre, the bus bearing Registration No.TN-21-N-0378 belonging to the appellant/Corporation, being driven in a rash and negligent manner, hit against the claimant, as a result of which the claimant sustained grievous injuries. 3. A claim petition in M.C.O.P.No.159 of 1998 was filed by the respondent/claimant, claiming a compensation of Rs.50,000/- (Rupees fifty thousand only), for the injuries claimed by the claimant/respondent, which was resisted by the appellant transport Corporation, disputing the age, occupation and the injuries sustained by the claimant. 4. The tribunal, after framing the issues, decided the claim petition in favour of the claimant in terms of the impugned judgment. The tribunal held that the accident in question had occurred only due to the rash and negligent driving of the bus by its driver and as a result of the same, the claimant had suffered grievous injuries. The tribunal also held that the claimant is entitled to the compensation for the injuries sustained by him and determined a sum of Rs.45,000/- as the amount due to the claimant under the following heads. Permanent disability :: Rs.25,000/- pain and suffering :: Rs.15,000/- Transportation Charges, Medical expenses Extra nourishment :: Rs. 5,000/- ------------ Rs.45,000/- ------------- 5. Learned counsel for the appellant after taking us through the award of the Tribunal and all other materials placed would submit that the quantum awarded towards pain and suffering is excessive. 6. As per the evidence on record, due to the accident the claimant suffered the following injuries: 1. An abrasion 3 x 3 cm left cheek 2. An abrasion 3 x 3 cm left upper lip 3. Two abrasions 2 x 2 cm right knee 4. Two abrasions 2 x 2 cm left knee 5.
6. As per the evidence on record, due to the accident the claimant suffered the following injuries: 1. An abrasion 3 x 3 cm left cheek 2. An abrasion 3 x 3 cm left upper lip 3. Two abrasions 2 x 2 cm right knee 4. Two abrasions 2 x 2 cm left knee 5. X ray of right fore arm fracture proximal 1/3 ulna right. In Ex.P.4, wound certificate, it is stated that the 5th injury is a grievous injury. The doctor, who was examined as P.W.3, deposed that the claimant's right fore arm bone was fractured, as a result, the claimant has suffered permanent disability at 25%, thereby causing more pain and suffering. He also issued disability certificate Ex.P.6. 7. It is also seen from the records that the claimant/respondent remained admitted in the hospital for the injuries sustained by him and continued visiting the doctor as an out-patient for a considerably long time. 8. Hence, the argument raised by the learned counsel for the appellant concerning the quantum of pain and suffering has not impressed us. The claimant/respondent has remained admitted in the hospital as an in-patient and has been attending as an out-patient for a very long time, the amount of Rs.15,000/- awarded towards pain and suffering by no stretch of imagination could be regarded as exorbitant. Therefore, the discretion exercised by the Tribunal in awarding a sum of Rs.15,000/- towards pain and suffering would not call for any modification or interference. 9. For the reasons recorded above, this appeal fails and the same is dismissed. No costs. Consequently, C.M.P.Nos.6385 and 6387 of 2005 are also dismissed.