Dismissed

The Managing Diretor, v. Azhagammai @ Azhagammal

Madras HC1 Dec 2016CMA(MD)/1236/2014

Case brief

AI extract

What is this about?

The High Court dismissed the appellant's appeal against the Motor Accident Claims Tribunal's compensation award of Rs.1,28,079. The Court held that the disability compensation was not excessive for an injured agricultural coolie aged 60, rejecting the appellant's contentions regarding negligence and the quantum awarded.

What did the court decide?

The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs to the credit of the claim petition.

The Managing Diretor, Vs Azhagammai @ Azhagammal — Motor Accident Claims | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.12.2016

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CORAM :

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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CMA(MD)No.1236 of 2014 and M.P(MD)No.3 of 2014

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The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonbam Division, Karaikudi.

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... Appellant/Respondent

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vs.

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Azhagammai @ Azhagammal ... Respondent/Petitioner

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Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 27.12.2013 passed in MCOP.No.161 of 2010 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Pudukkottai.

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For Appellant : Mr.P.Prabhakaran For Respondent : Mr.T.Lenin Kumar

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JUDGMENT

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It is the case of injury caused on account of the accident took place on 15.04.2010 around 02.10 p.m on Pudukkottai-Thanjavur road near Mullur vilakku road. The injured filed an application before the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Pudukkottai, and the Tribunal considering the facts and circumstances of the case, awarded Rs.1,28,079/- as total compensation with interest at 7.5% per annum. The present appeal is filed by the appellant/insurance company, mainly on the ground that Rs.2,000/- fixed for 1% disability is erroneous and further, the injured crossed the road negligently and hence, the accident took place.

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2.This Court is of the view that the injured was agricultural coolie and aged 60 years at the time of accident and therefore, fixation of Rs.2,000/- for 1% disability, cannot be said to be https://hcservices.ecourts.gov.in/hcservices/ excessive and this Court is unable to accept the contentions raised by the appellant in this regard and accordingly, the

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impugned award is confirmed.

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3.The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already and thereafter, the respondent/claimant, is permitted to withdraw the same, through RTGS, by filing necessary applications before the Tribunal.

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In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)No.3 of 2014 is closed.

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Sd/-

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Assistant Registrar (CO)

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/True Copy/

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Sub Assistant Registrar

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The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Pudukkottai.

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Copy To:-

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The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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1 CC TO Mr.P.PRABHAKARAN, ADVOCATE IN SR No. 78386 + 1 CC TO Mr.T.LENIN KUMAR, ADVOCATE IN SR No. 75008

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NBI

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TE/KSM : 27/01/2017 : 2P/5C

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CMA(MD)No.1236 of 2014 and M.P(MD)No.3 of 2014 01.12.2016

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https://hcservices.ecourts.gov.in/hcservices/

The Managing Diretor, v. Azhagammai @ Azhagammal

Case brief

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The Managing Diretor, v. Azhagammai @ Azhagammal

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