The Madras High Court dismissed an appeal by TN State Transport Corporation challenging the compensation quantum fixed at Rs.4,500/- monthly income. The Court upheld the Tribunal's finding as reasonable for an agriculturist and confirmed the decree.
Civil Miscellaneous Appeal dismissed; appellant directed to deposit compensation amount within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2014
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.3050 of 2014 and M.P.No.1 of 2014
The Managing Director, Tamil Nadu State Transport Corporation, Dharmapuri.
.. Appellant/Respondent
Vs 1.Muneeshwari 2.G.Thirulogachandar 3.Banupriya .. Respondents/Petitioners
Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act 1988 against the Award and decree dated 25.02.2013 made in MCOP No.271 of 2011 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyampadi.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
The Transport Corporation has come forward with the present appeal challenging the judgment and decree dated 25.02.2013 made in MCOP No.271 of 2011 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyampadi.
relevant period (1994 - between Rs.100 to Rs.150/- per day) found fault with the tribunal for reducing the claim from Rs.4,500/- to Rs.3,000/- and determined the income at Rs.4,500/-. In the case of hand, the deceased being an agriculturists would have certainly earned more than Rs.4,500/- per month and the Tribunal has rightly fixed Rs.4,500/- as monthly income of the deceased. Hence, I do not find any reason to interfer with the judgment and decree of the tribunal.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rgr
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Vaniyampadi.
1 cc to Mr. D.Venkatachalam,Advocate, SR.No.50174
C.M.A.No.3050 of 2014
RBD(cO)
PMK.04.12.2014
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in fixing the deceased's monthly income at Rs.4,500/- without valid documentary evidence?
Whether the quantum of compensation awarded by the Tribunal is legal and appropriate?
Colour shows how this judgement treated each authority
Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Ltd.Referred¶14
Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Ltd., reported in 2011 (2) TNMAC 190 SC
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation, Dharmapuri
Muneeshwari
G. Thirulogachandar
Banupriya
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
