This Court modified the compensation awarded by the Motor Accident Claims Tribunal, directing the Transport Corporation to pay the determined amount to respondents after deducting contributory negligence.
Appellant directed to pay adjusted compensation of Rs. 29,13,000 to respondents with interest; deposit modified amount before Tribunal within six weeks.
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
SATURDAY THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE MR. JUSTICE R.SUBBIAH and THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1382 of 2018
The Managing Director, Metropolitan Transport Corporation Ltd., (Chennai Division) Pallavan Salai, Chennai 600 002.
.. Appellant/Respondent
Versus
Prayer : Appeal against the award of the Motor Accident Claims Tribunal/Special Subordinate Court No.I, Chennai, dated 04.03.2016 made in MCOP.No.1793 of 2009.
Decree : This Appeal coming on for hearing on this day upon perusing the petition of Appeal, the order of the Lower Court, material papers in this case and upon hearing the arguments of Mr. S.S. Swaminathan, Counsel for Appellant and of Mr. K. Ramanatha Reddy, Counsel for the Respondents, this Court while allowing the Civil Miscellaneous Appeal in part and in modification of the award of the tribunal below doth order and decree as follows:
Sd/-
Deputy Registrar(AD II)
//True copy//
Sub Assistant Registrar
To
+1cc to Mr.S.S.Swaminathan, Advocate SR.No.23497
+1cc to Mr.P.Subba Reddy, Advocate SR.No.23510
DATED : 17/04/2021 DECREE : C.M.A. No.1382 of 2018
Allowing in part the Civil Miscellaneous Appeal preferred against the judgment and decree dated 04.03.2016 made in MCOP.No.1793 of 2009 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court No.I, Chennai, etc., as stated within.
RVS(CO) GMY(20/10/2021)
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was excessive requiring modification by this Court.
Metropolitan Transport Corporation Ltd.
Sreedevi
R. Reetchatha
Yogitha
R. Subbiah
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
