IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.07.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.978 of 2024 Rajmohan ... Appellant Vs.

The Managing Director, TNSTC Ltd.,No.3/137,Selamedu, Vazhuthareddy, Villupuram ... Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree in M.C.O.P.No.2916 of 2014 dated 22.10.2019 on the file of Motor Accident Claims Tribunal /Chief Judicial Magistrate, Cuddalore.

For Appellant : M/s.Ramya V Rao For Respondents : Mr.C.R.Suresh Kumar *****

JUDGMENT

The claimant not being satisfied with the quantum of compensation fixed by the Tribunal has filed the present appeal against the award passed in M.C.O.P.No.2916 of 2014 dated 22.10.2019 on the file of Motor Accident Claims Tribunal /Chief Judicial Magistrate, Cuddalore.

2. The case of the claimant is that on 03.07.2014, he was travelling as a pillion rider in a two wheeler and at about 1.30 p.m., near Kurinjipadi, the bus belonging to the Transport Corporation was driven in a rash and negligent manner and it dashed on the two wheeler. As a result of which, the claimant fell down and sustained the following injuries.

● Right perisylvian contusion ● Left occipital bone fracture ● Left facial LMN palcy ● Right leg upper and middle 1/3 open wound It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.

3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the bus belonging to the Transport Corporation. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.4,05,436/- under various heads as follows :-

The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

4. The claimants not being satisfied with the quantum of compensation fixed by the Tribunal has filed this appeal seeking for enhancement of compensation.

5. Heard M/s.Ramya V Rao, learned counsel for appellant /claimant and Mr.C.R.Suresh Kumar, learned counsel for respondent.

6. This Court has carefully considered the submissions made on either side and the materials available on record.

7. This Court also carefully went through the award passed by the Tribunal.

8. It is quite clear from the discharge summaries that were marked as Ex.P4 and P6 before the Tribunal that the claimant had sustained head injuries and as a result of which, he was also suffering from left facial LMN palcy. This particular neurological problem results in the person not being able to raise the eye brows. Therefore, till this problem subsists, he will have problem in sleeping. The same is clear from the Medical literature that has been placed before this Court. It is also seen that initially the claimant underwent treatment in the Department of Neuro Surgery at Puducherry from 03.07.2014 to 23.07.2014. Thereafter he underwent treatment as an in patient at Apollo Hospital from 28.07.2017 to 06.08.2014. He was not able to incur the expenditure and therefore, on request he was discharged from the Hospital. The claimant was examined by the Medical Board only in the year 2018 and by then, the claimant had recovered from the problem.

9. Considering the above, this Court is inclined to enhance the compensation granted under the head of pain and sufferings to Rs.1,00,000/-, loss of amenities to Rs.50,000/- and also fix the a