The High Court dismissed the Civil Miscellaneous Appeal filed by the Transport Corporation against an MACT award of Rs. 64,000. The Court upheld the award noting the claimant proved multiple injuries and in-patient treatment.
Civil Miscellaneous Appeal No.21 of 2009 is dismissed. No order as to costs.
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 : 17.11.2015
CORAM :
THE HON'BLE MR.JUSTICE T.RAJA
C.M.A No.21 of 2009 And M.P.No.1 of 2009
The Managing Director,
Tamil Nadu State Transport Corporation Ltd., Villupuram Division(11) Vellore - 9.
... Appellant/2nd Respondent
Versus
Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, against the award made in MCOP No.33 of 2004 dated 20.12.2007 on the file of the Motor Vehicles Accident Claims Tribunal(Sub Judge), Cheyyar.
For Appellant : Mr.S.V.Vasanthakumar
For Respodent-1 : Mr.K.G.Senthilkumar
For Respondent-2 : Given up.
The Transport Corporation is the appellant. This Appeal is directed against the impugned award passed in M.C.O.P.No.33 of 2004, dated 20.12.2007, in and by which, the learned Tribunal has granted a sum of Rs.64,000/- together with interest at the rate of 7.5% per annum, as against the claim of Rs.9,00,000/-.
with interest at the rate of 7.5% per annum. Aggrieved by the award passed by the learned Tribunal, the Transport Corporation has come up with the present appeal.
Tribunal, this Court finds that when the claimant/injured has proved his case that he has sufferred multiple injuries, on his right leg, left neck, on his spinalcard and also established his case before the Tribunal for which he has taken treatment as in-patient from 21.7.2003 till 26.8.2003 in the CMC Hospital, Vellore, the learned Tribunal taking into consideration the Wound Certificate and discharge summary issued by the CMC Hospital, Vellore, showing that the claimant has taken treatment for multiple injuries from 21.7.2003 to 26.8.2003, has awarded a meagre amount of Rs.64,000/- together with interest at the rate of 7.5% per annum. Hence, this Court finds no merit in the appeal. Hence, this appeal is dismissed.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
gr.
To
1.The Motor Vehicles Accident Claims Tribunal (Subordinate Judge), Cheyyar.
Copy To : The Section Officer, V.R.Section, High Court, Madras.
+1cc to Mr.S.V.Vasanthakumar, Advocate, S.R.No.62143 +1cc to Mr.K.G.Senthilkumar, Advocate, S.R.No.62262 C.M.A.No.21 of 2009
CTK(CO) CA(16/12/2015)
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal Award of Rs.64,000/- allowed to the injured was unsustainable in view of the proven multiple injuries and hospitalization of the claimant
1 provisions across 1 enactments
Managing Director, Tamil Nadu State Transport Corporation Ltd.
Chandran
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
