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2012 DIGILAW 4388 (MAD)

Kathirvel v. Managing Director, The Tamil Nadu State Transport Corporation

2012-10-18

P.DEVADASS

body2012
Judgment :- Dissatisfied with the quantum of compensation awarded, the injured in a road accident directed this appeal. 2. On 16.03.2002, the appellant had sustained injury in a road accident. It is because of the rash and negligent driving of the driver of the respondent. For this, the Tribunal awarded him Rs.28,000/-. 3. The learned counsel for the appellant would contend that P.W.2 Doctor found that the appellant was having 45% disability. However, without properly appreciating the medical evidence, the Tribunal awarded him very less compensation. The learned counsel further contended that under all the heads only token compensation has been given. He would further contend that the appellant had spent considerably for making to and fro trips between his house and the hospital, yet no amount has been granted for transportation charges. 4. On the other hand, the learned counsel for the respondent would contend that the appellant tried to get huge amount for simple injury. Considering the evidence adduced, the Tribunal has awarded him the necessary compensation. 5. I have considered the rival submissions, perused the materials on record and the impugned judgment of the Tribunal. 6. One of the basic principle in granting of compensation to road accident victims is that the affected person must be granted just compensation. 7. In this case, P.W.1 sustained multiple injuries on 16.03.2002. He had sustained fracture on his right leg. P.W.2 Dr.Kannan Jhonson examined him, perused the medical records and determined his disability at 45% and issued him Ex.P6 Disability Certificate. The Tribunal neither accepted the disability certificate nor discarded it. It had granted Rs.20,000. It did not adopt any rationale method. 8. In the facts and circumstances, the disability determination of P.W.2 is acceptable. The disability compensation is raised from Rs.20,000/- to Rs.45,000/-. Towards pain and suffering only Rs.1,500/- has been granted. It is raised to Rs.6,000/-. Towards Extra-nourishment only Rs.1,500/- has been granted . It is raised to Rs.4,000/-. Towards loss of income during treatment period only Rs.5,000/-has been granted. It is raised to Rs.8,000/-. No amount for transport charges has been granted. Under this head, he is granted Rs.4,000/-. Towards loss of property including cloths Rs.2,000/-is granted. 9. The total compensation is modified as under:- 10. In the result, the award of the Tribunal is modified. Towards loss of income during treatment period only Rs.5,000/-has been granted. It is raised to Rs.8,000/-. No amount for transport charges has been granted. Under this head, he is granted Rs.4,000/-. Towards loss of property including cloths Rs.2,000/-is granted. 9. The total compensation is modified as under:- 10. In the result, the award of the Tribunal is modified. The appellant is awarded a total compensation of Rs.69,000/- with 7.5% interest p.a. from the date of filing of the claim petition till deposit. The respondent shall deposit the entire compensation amount within 4 weeks from the date of receipt of a copy of this judgment, less amount, if any, already deposited. On deposit, the appellant shall be paid the entire compensation amount, less amount, if any, already withdrawn. This Civil Miscellaneous Appeal is allowed to the extent indicated above. No costs.