The Madurai Bench dismissed an appeal by the Tamil Nadu State Transport Corporation against the Motor Accidents Claims Tribunal's award of Rs.37,000/- for permanent disability and other heads, holding the quantum to be reasonable and prima facie correct.
Appeal dismissed; Tribunal award of Rs.37,000/- confirmed with interest at 7.5% and 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2018
CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD).No.21 of 2018 and
C.M.P.(MD)No.253 of 2018
Tamil Nadu State Transport Corporation Madurai Division, Bye-Pass Road, Madurai. Rep. by its Managing Director ... Appellant / 2nd Respondent Vs. 1. Sankaran ... 1st Respondent / Petitioner 2. Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division 2, Vannarpettai, Tirunelveli ... 2nd Respondent / 1st Respondent [R.2 – Given up]
PRAYER:- Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 08.11.2005, made in M.C.O.P.No.1333 of 2002 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Tirunelveli.
For Appellant : Mr.R.Janakiramulu For R.1 : Mr.D.Selvanayagam *****
JUDGMENT
This civil miscellaneous appeal has been filed challenging the award passed by the learned Principal District Judge, Motor Accidents Claims Tribunal, TIrunelveli, in M.C.O.P.No.1333 of 2002 dated 08.11.2005.
https://hcservices.ecourts.gov.in/hcservices/ 4. The mode of accident, which occurred in the year 2000, as well as the liability are not disputed. Perusal of record shows
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that the injured was working as a loadman and in consequence to the accident in question, he sustained several fractures and grievous injuries, for which, 30% disability was assessed and a sum of Rs.30,000/- was awarded towards disability. Other than this, the Tribunal has awarded a sum of Rs.5,000/- towards pain and sufferings and Rs.2,000/- towards other heads, viz., transportation, nourishment, damage to vehicle and thereby, awarded a sum of Rs.37,000/- as overall compensation, which, in my considered opinion, is very very reasonable. Going by the facts of the case and after perusing the entire records carefully, this Court is of the considered opinion that the award passed by the Tribunal is very reasonable and therefore, the same does not warrant any interference at the hands of this Court.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar(SAR-II)
To
The Principal District Judge, Motor Accidents Claims Tribunal, Tirunelveli.
+1cc to Mr.D.Selvanayagam, Advocate Sr.No.72186
GK
VB/SKN/SAR2/25.07.2018/2P/3C
C.M.A(MD).No.21 of 2018 10.07.2018
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be interfered with on the ground of inadequate quantum.
Whether the appeal by the transport corporation against the Tribunal's award succeeds.
2 provisions across 1 enactments
Tamil Nadu State Transport Corporation Madurai Division
Sankaran
Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
