Managing Director, Tamil Nadu State Transport Corporation Limited v. V. Kandhan
2014-07-01
S.MANIKUMAR
body2014
DigiLaw.ai
JUDGMENT Perusal of the award shows that the respondent, aged about 60 years, has sustained a fracture in the left leg, admitted in Government Hospital, Tanjore and thereafter, taken treatment in his native place. Upon perusal of Ex.P.4-Accident Register, Ex.P.5 and Ex.P.6-Medical Chits, Ex.P.8-Discharge summary, Ex.P.11-X ray and after considering the testimony of PW2, Orthopaedist, Cuddalore, the Claims Tribunal has recorded that the respondent has sustained injuries and underwent two surgeries. For the abovesaid injuries, quantum of compensation of Rs.64,250/-awarded by the Claims Tribunal, cannot be said to be excessive. Quantum of compensation awarded to the respondent/claimant is less. In fact, based on the oral testimony of the witnesses and Ex.P.1-First Information Report, negligence has been fastened on the driver of the bus, bearing Registration No.TN-49N-0072. Finding of negligence cannot be said to be perverse. For the reasons stated supra, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Consequent, to the dismissal of the appeal, the appellant-Transport Corporation is directed to deposit the entire award amount with proportionate accrued interest and costs, if not deposited earlier, to the credit of M.C.O.P.No.174 of 2004 on the file of Motor Accidents Claims Tribunal (Additional District Judge), Fast Track Court No.II, Cuddalore, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the respondent/claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs, by making necessary application.