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2014 DIGILAW 1824 (MAD)

Managing Director, Tamil Nadu State Transport Corporation Limited v. Chandran

2014-07-01

S.MANIKUMAR

body2014
JUDGMENT 1. In the accident, which occurred on 18.07.2003, the respondent/ claimant suffered injuries. A case in Crime No.387 of 2003 has been registered against the driver of the State Transport Corporation bus, bearing Registration No.TN-23N-1421, on the file of Pudupettai Police Station, under Sections 279, 337 and 338 of IPC. 2. Material on record discloses that after the accident, the respondent has taken treatment as inpatient between 19.07.2003 to 28.07.2003 in Government General Hospital, Pondicherry and thereafter, stated to have treated as outpatient in private hospitals. Perusal of the award shows that the driver of the bus has been arrested and subsequently, released on bail. There is no perversity in the finding of negligence. To prove that the respondent has sustained grievous injuries and treated in Government General Hospital, Pondicherry, he has marked Ex.P.3-Accident Register, Ex.P.4-Medical Chit issued by Government Hospital, Pondicherry, Ex.P.5-Discharge Summary and Ex.P.6-X ray. There are two fractures in the upper jaw and nose. PW2Doctor has assessed the extent of disablement as 30%. For the injuries and the extent of disablement suffered, compensation of Rs.90,000/-awarded to the respondent/claimant, with interest @9% per annum, cannot be said to be grossly excessive, warranting interference. 3. On this day, when the matter came up for hearing, Mr.A.Babu, learned counsel for the appellant Transport Corporation submitted that the entire award amount with proportionate accrued interest and costs, deposited to the credit of M.C.O.P.No.584 of 2004 on the file of Motor Accidents Claims Tribunal (Additional Sub Judge), Cuddalore, has already been withdrawn by the respondent/claimant. In view of the above, this Court is not inclined to interfere with the findings rendered by the Claims Tribunal. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.