Appeal against Motor Accident Claims Tribunal award dismissing Transport Corporation challenge to compensation awarded to injured bus passenger. Court accepted award as just and reasonable.
Appeal dismissed; Corporation ordered to deposit Tribunal award with interest.
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: 04.06.2019
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN
C.M.A.No.2133 of 2005 and C.M.P.No.11417 of 2005
The Managing Director Tamil Nadu State Transport Corporation Ltd., Dharmapuri.
Vs.
Manjula
...Respondent/Petitioner
Appeal under Section 173 of the Motor Vehicles Act against the judgment and decree dated 11.07.2003 made in M.C.O.P.No.356 of 2002 on the file of the Motor Accident Claims Tribunal (SubCourt), Krishnagiri.
For Respondent : No appearance
J U D G M E N T
This appeal is preferred by the Transport Corporation against the award amount of Rs.1,40,100/- along with interest @ 9% p.a. from the date of petition, as compensation to the respondent for the injuries sustained by her in an accident that had occurred on 23.12.2001.
respondent/claimant was travelling in the Bus bearing Registration No.TN 29 N 1303 belonging to the AppellantTransport Corporation, from Vellore to Bangalore, it dashed against the lorry bearing Registration No. MA 19-A-5074 coming in the opposite direction at the junction road of BargurTiruppattur, due to the rash and negligent driving of the driver of the bus. As a result of the same, the respondent/claimant sustained grievous injuries, for which, she filed a claim petition before the Tribunal, seeking compensation of
Rs.3,00,000/-. On considering the evidence available on record, the Tribunal awarded a sum of Rs.1,40,100/- as compensation along with interest @ 9% p.a. from the date of petition. Challenging the same, the appellant-Transport Corporation has filed the present Civil Miscellaneous Appeal.
deducting the amount, if any, already deposited, within a period of six weeks from the date of receipt of a copy of this judgement. On such deposit being made, the Tribunal shall transfer the same to the Savings Bank Account of the respondent/claimant, through RTGS, forthwith. No costs. Consequently, the connected miscellaneous petition is closed.
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
The Motor Accident Claims Tribunal (The Sub-Court) Krishnagiri District.
Copy to
The Section Officer VR Section, Madras High Court.
C.M.A.No.2133 of 2005
rk[co] srg 11/10/2019
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal in an accident case is excessive or exorbitant.
1 provisions across 1 enactments
The Managing Director Tamil Nadu State Transport Corporation Ltd., Dharmapuri
Manjula
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
