Appeal dismissed. The court affirmed the Tribunal's 50:50 composite negligence allocation in a head-on collision and held the awarded medical and compensation quantum was not excessive.
Appellant directed to deposit the award amount with interest and costs to the 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
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.3027 of 2009
The Managing Director,
Tamil Nadu State Transport Corporation Ltd., Division - II, Salem.
...Appellant/5th Respondent Vs. 1. Minor J.Vimal Raj ..1st Respondent/Claimant 2. V.Nandagopal ..2nd Respondent/1st Respondent 3. Vanmathi Nandagopal ..3rd Respondent/2nd Respondent
490-A, First Floor, Avinashi Road,
(Nava India near), Coimbatore – 4.
..4th Respondent/3rd Respondent
...5th Respondent/4th Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking to set aside the Award and Decree dated 09.04.2007, made in M.A.C.T.O.P.No.971 of 2004, on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Coimbatore.
For Appellant : Mr.D.Raghu
(The case has been heard through video conference)
This appeal has been filed by the transport corporation challenging the Award dated 09.04.2007, passed by the Motor Accidents Claims Tribunal, Subordinate Court, Coimbatore in M.C.O.P.No.971 of 2004.
| Sl.No | Heads | Amount in |
|---|---|---|
| . | Rs. | |
| 1. | Medical expenses | 3,45,150 |
| 2. | Future medical expenses | 1,30,000 |
| 3. | Transportation | 5,000 |
| 4. | Extra nourishment | 5,000 |
| 5. | Mental agony | 5,000 |
| 6. | Pain and sufferings | 40,000 |
| 7. | Disability | 40,000 |
| Total | 5,70,150 |
"1. Ecchymosis with Subconjunctual Haemorrhage right eye.
joint."
Rs.5,70,150/- cannot be considered to be excessive. Hence, the second contention raised by the appellant transport corporation that the quantum of compensation awarded by the Tribunal is excessive, is rejected by this Court.
s/dAssistant Registrar
//True Copy//
Sub-Assistant Registrar
kk
To
+1 CC to Mr.D.Raghu, Advocate sr 53072.
C.M.A.No.3027 of 2009
JPL(CO) SP(15/12/2021)
2 issues framed by the court
Whether the Tribunal's determination of 50:50 composite negligence between the bus driver and the opposite vehicle driver is correct in a head-on collision.
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal is excessive.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd.
Minor J.Vimal Raj
V.Nandagopal
Vanmathi Nandagopal
The New India Assurance Company Ltd.
E.Subramani
Abdul Qudduso
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
