The Managing Director, Tamil Nadu State Transport Corporation vs Chokku

Heard the learned counsel on either side.

Tamil Nadu State Transport Corporation, Kumbakonam is filed this appeal on the ground of quantum.

The claimant was riding his bicycle. The bus belonging to the appellant Corporation appears to have brushed the handle bar of the cycle. The claimant contends that his little finger got crushed in the said accident. The Tribunal has awarded a sum of Rs.1,01,500/- as compensation. The Tribunal has fixed a sum of Rs. 50,000/- as loss of income. There is absolutely no basis for the same. Therefore, the same has to be reduced as Rs.10,000/-.For pain and suffering, a sum of Rs.20,000/- and for the injury suffered by him, a sum of Rs.10,000/- can be awarded. For extra nourishment, Rs.5,000/- can be awarded. Thus, in all, the claimant is entitled to Rs.50,000/- alone. The award dated 09.01.2004 passed in M.C.O.P.No.42 of 2012 on the file of the Motor Accidents Claims Tribunal/Sub Court, Devakottai is modified accordingly.

The appellant insurance company is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum and costs, from the date of petition till date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the said sum, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. The appellant insurance company is entitled to refund the balance amount, if any.

This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.