The Managing Director v. Easwari
Case brief
What is this about?
The High Court enhanced the Motor Accident Claims Tribunal award from Rs. 4,49,800 to Rs. 7,50,000 for a 70% disabled claimant, dismissing the transport corporation's appeal and allowing the suit without notice to the successful party.
What did the court decide?
Compensation enhanced to Rs. 7,50,000 with interest; callback issued for deposit compliance by respondent appellants' corporation.
What the court decided
A compact analysis
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: 07.07.2015
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Region, Thiruvannamalai. ..Appellant/Respondent
Vs. Easwari ..Respondent/Petitioner
Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 14.02.2014 passed in M.C.O.P. No. 94 of 2010 by the Motor Accidents Claims Tribunal (Subordinate Judge), Arni.
This Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the award of Rs.4,49,800/- granted by the Motor Accidents Claims Tribunal (Sub Court), Arni, in favour of the respondent herein for the injuries sustained by her in the accident, which occurred on 04.06.2010.
- Heard Mr.K.J. Sivakumar, learned counsel for the appellant, who would submit that the accident was invited by the claimant herself as she tried to get down from the moving bus. The learned counsel relied upon the judgment of the Criminal Court wherein the driver of the bus was acquitted by the Criminal Court to contend that the tort-feasor is the claimant herself and not the driver of the bus belonging to the appellant Corporation.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal was adequate considering the 70% disability and wrongful death.
Whether the High Court can enhance compensation suo motu even without an appeal from the victim.
Parties & counsel
- appellant
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited
- respondent
Easwari
Coram
N. KIRUBAKARAN
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court