(Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 06.12.2014 passed in M.C.O.P.No.1029 of 2003 by the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur.)
1. Aggrieved over the award dated 06.12.2014, passed by the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur, in M.C.O.P.No.1029 of 2003, the Tamil Nadu State Transport Corporation has filed the present appeal.
2. The brief facts of the case are that on 27.04.2003 at about 10.45 a.m., when the claimant was proceeding in his motorcycle bearing Registration No.TN49A 9353 from Mannarkudi to Magadevapattanam, a bus Route No.453-E came in a rash and negligent manner, hit against the motorcycle and thereby the claimant sustained grievous injuries. He filed a claim petition claiming compensation of Rs.6,00,000/-.
3. The claim was resisted by the appellant, Tamil Nadu State Transport Corporation disputing the age, occupation and income of the claimant and prayed for dismissal of the claim petition stating that the claimant was responsible for the accident.
4. Before the Tribunal, the claimant examined himself as P.W.1 and examined one Doctor as P.W.2 and marked Exs.P.1 to P.9, to substantiate his case. On the side of the appellant, Transport Corporation no witness was examined and no document was marked.
5. Heard Mr.P.Prabhakaran, learned counsel appearing for the appellant and perused the materials available on record.
6. The claimant has given evidence himself as P.W.1 in support of his case. Ex.P.1 the First Information Report would show that a case was registered against the driver of the bus. Based on the evidence of P.W.1 and Ex.P.1, the Tribunal held that the driver of the bus was responsible for the accident.
7. P.W.1 would state that he sustained fracture on his right hand and injuries in all over the body. P.W.2/Dr.Rethinasapapathi has corroborated the evidence of P.W.1 and issued Ex.P.8/Disability Certificate stating that he suffered 40% permanent disability. Ex.P.9 is the X-ray. The Tribunal based on the evidence, awarded Rs.80,000/- towards permanent disability by applying Rs.2,000/- per percentage, Rs.4,600/- towards attendant charges, Rs.10,000/- towards pain and sufferings, Rs.10,000/- towards loss of income and Rs.10,000/- towards extra nourishment and Rs.5,000/- towards transportation charges. Totally, the Tribunal has awarded Rs.1,20,000/- with interest at the rate of 7.5% p.a.
8. In my considered opinion, the award of the Tribunal is fair and reasonable. There is no merit in this appeal. In the result, this civil miscellaneous appeal is dismissed. No costs. Consequently, the connected C.M.P is also closed.
9. The appellant, Transport Corporation is directed to deposit the entire award amount to the credit of M.C.O.P.No.1029 of 2003 within a period of eight weeks, from the date of receipt of a copy of this order, if the award amount already not deposited. In view of the dismissal of the appeal, the claimant is permitted to withdraw the entire award amount, less the amount already drawn by the claimant, without filing any permission petition before the Tribunal.