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Madras High Court · body

2012 DIGILAW 4305 (MAD)

Managing Director, Tamil Nadu State Transport Corporation v. Babu

2012-10-15

P.DEVADASS

body2012
Judgment The State Transport Corporation mainly disputes the quantum of compensation. 2. On 23.11.2002, when the first respondent travelled in the bus owned by the Appellant, there was an accident, in this, he sustained injuries. For this, totally, he was awarded Rs.1,20,200/-. 3. According to the learned counsel for the Appellant, the injury was very very minimal. However, an elephantine amount has been granted as compensation. Further, P.W.2 had given inflated disability rate. It is a classic case of grant of excessive compensation not in proportion to the sufferings of the injured. 4. On the other hand, according to the learned counsel for the first respondent, the first respondent suffered heavily. Actually, what was granted to him is very less. For expenses towards transportation and nutrition food, no amount has been granted. 5. According to the learned counsel for the second respondent, there is no negligence on the part of the driver of the second respondent that is how the Tribunal has correctly dismissed the claim as against the second respondent. 6. Ex.P2 is the Wound Certificate. The first respondent sustained injury in his right little finger and he has been treated. P.W.2 the doctor has determined his disability at 20% (see Ex.P7 disability certificate). For this, the Tribunal granted him Rs.1,15,200/-. 7. In the facts and circumstances, what was granted is highly excessive. In the facts and circumstances, towards disability, he is awarded Rs.40,000/-. For pain and suffering, only Rs.5,000/- has been awarded. It is raised to Rs.7,500/-. For nutrition food expenses Rs.5,000/- and for transport charges Rs.4,000/-and for loss of amenity of life Rs.3,500/- are awarded. 8. In the result, the total amount awarded by the Tribunal is modified. Now, the first respondent is awarded a total compensation of Rs.60,000/-together with interest at 9% p.a. from the date of filing the original petition till deposit. Since entire amount has been deposited by the appellant, the claimant shall be paid the modified compensation amount less amount if any already paid. The excess amount together with corresponding interest shall be paid to the appellant. The claim as against the second respondent is rightly dismissed. This Civil Miscellaneous Appeal is allowed to the extent indicated above. No costs. The connected Miscellaneous Petition is closed.