IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal Nos.50 of 2021 and 1328 of 2023 and CMP No.13290 of 2023 CMA No.50 of 2021 Minor Sakthivel Son of Eswaran Represented by his mother and Next Friend, Meena wife of Eswaran, Residing at No.192/B, Perumal Koil Street, Thamariapakkam Colony, Ammanampakkam Village, Tiruvallur Taluk and District ... Appellant Vs.

The Manager, Metropolitan Transport Corporation, Pallavan House, Annasalai, Chennai 600 002 ... Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree dated 10.07.2019 made in MCOP No.319 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thiruvallur.

For Appellant : Mr.K.Varadhakamaraj For Respondent : Mr.A.Vinothraj CMA No.1328 of 2023 The Manager, Metropolitan Transport Corporation, Pallavan House, Annasalai, Chennai 600 002 ... Appellant Vs.

Minor Sakthivel Son of Eswaran Represented by his mother and Next Friend, Meena wife of Eswaran, Residing at No.192/B, Perumal Koil Street, Thamariapakkam Colony, Ammanampakkam Village, Tiruvallur Taluk and District ... Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree dated 10.07.2019 made in MCOP No.319 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thiruvallur.

For Appellant : Mr.A.Vinothraj For Respondents : Mr.K.Varadhakamaraj *****

COMMON JUDGMENT

The Transport Corporation and the claimant have filed these appeals against the award passed in MCOP No.319 of 2017 dated 10.07.2019 by the Motor Accident Claims Tribunal, Special Sub Court, Thiruvallur.

2. The case of the claimant, who is a young boy aged about 12 years, is that on 17.03.2017, he was waiting in a bus stop to go to the school and at about 8.30 a.m, the bus belonging to the Transport corporation had come near the bus stop and when the students along with the claimant tried to board the bus, the driver without noticing the same, started the bus and as a result, the claimant fell down from the bus and the rear wheel ran over the hip portion of the claimant. The claimant sustained injuries to his pelvis. The medical board assessed the disability at 45%. 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.6,64,970/- 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 Transport Corporation has filed the appeal mainly on the ground that there was contributory negligence on the part of the claimant and that apart, the compensation fixed is on the higher side. Per contra, the claimant has filed the appeal not being satisfied with the quantum of compensation fixed by the Tribunal and the claimant has sought for enhancement of compensation.

5. Heard Mr.K.Varadhakamaraj, learned counsel for claimant and Mr.A.Vinothraj, learned counsel for Transport Corporation.

6. This Court has carefully