Dismissed

The Managing Director v. Nirmal Kumar

Madras HC18 Nov 2016CMA(MD)/1244/2016

Case brief

AI extract

What is this about?

This appeal challenged the Motor Accidents Claims Tribunal award of Rs. 7,00,830 against the Tamil Nadu State Transport Corporation. The High Court found no infirmity in the Tribunal's award, relying on Supreme Court principles regarding multipliers for disability. The appeal was dismissed and the Tribunal confirmed. The Corporation was directed to deposit the amount.

What did the court decide?

The Civil Miscellaneous Appeal is dismissed and the Tribunal's award of Rs. 7,00,830 with interest is confirmed.

The Managing Director Vs Nirmal Kumar — Contract and Commercial Disputes | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.11.2016

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CORAM :

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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CMA(MD)No.1244 of 2016 and M.P.(MD).No.10711 of 2016

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The Managing Director,

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Tamil Nadu State Transport Corporation Ltd., Divisional Office II, Collector Office Road, Periamilaguparai, Trichy.

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... Appellant/Respondent

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vs.

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Nirmal Kumar ... Respondent/Respondent

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Appeal filed under Section 173 of the Motor Vehicles Act, against the order dated 22/01/2015 passed in MCOP.No.4472 of 2013 on the file of Motor Accidents Claims Tribunal, (Special Subordinate Court), Tiruchirappalli.

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For Appellant : Mr.P.Prabhakaran For Respondent : Mr.N.Sudhagar Nagaraj JUDGMENT

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The present Civil Miscellaneous Appeal has been against the order dated 22/01/2015 passed in MCOP.No.4472 of 2013 on the file of Motor Accidents Claims Tribunal, (Special Subordinate Judge), Tiruchirappalli.

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2.It is a case of injury caused due to the accident that took place on 01.06.2015 at about 02.30 p.m at Kaja Nagar signal near Murugan Koil, Mannarpuram, Tiruchy. The injured/victim filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, (Special Subordinate Judge), Tiruchirappalli, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.7,00,830/- as total compensation with interest at 7.5% per annum. The appellant Transport Corporation has filed the present appeal, challenging the Award passed by the Tribunal.

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

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3.The learned counsel for the appellant contended that the quantum of compensation awarded by the Tribunal is excessive and the multiplier adopted by the Tribunal for the partial permanent disability is erroneous.

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4.The learned counsel for the respondent opposed the contention made by the learned counsel for the appellant stating that the Tribunal rightly adopted the multiplier as per the principles laid down by the Hon'ble Supreme Court in the case of RAJ KUMAR V. AJAY KUMAR AND ANOTHER reported in 2011 ACJ (1) . Therefore, there is no infirmity in the award passed by the Tribunal.

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5.Considering the facts and circumstances of the case and on reading of the finding recorded by the Tribunal in the case on hand, this Court finds no infirmity in the award passed by the Tribunal and accordingly, no intervention is required. Hence, the Civil Miscellaneous Appeal devoid of merits.

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6.In the result, the Civil Miscellaneous Appeal is dismissed. The award passed in MCOP.No.4472 of 2013 dated 22/01/2015 by the Motor Accidents Claims Tribunal, (Special Subordinate Judge), Tiruchirappalli is confirmed. No costs. Consequently, connected miscellaneous petition is closed.

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7.The appellant Transport Corporation is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit o f M.C.O.P.No.4472 of 2013, on the file of the Motor Accidents Claims Tribunal (Special Sub Court), Tiruchirappalli, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the respondent/claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs through RTGS, by filing necessary application before the Tribunal concerned.

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Sd/-

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Assistant Registrar(CS II)

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/True copy/

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Sub Assistant Registrar

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Motor Accident Claims Tribunal (Special Subordinate Judge),Tiruchirapalli.

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+1cc to M/s.N.Sudhagar Nagaraj, Advocate Sr.NO.70830 +1cc to M/s.P.Prabhakar, Advocate SR.No.70512

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cla

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sm:mpa(2):29/12/2016:2P/4C

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

The Managing Director v. Nirmal Kumar

Case brief

What is this about?

What did the court decide?

The Managing Director v. Nirmal Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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