The Madurai Bench of the Madras High Court dismissed this civil miscellaneous appeal challenging an award passed by the Motor Accident Claims Tribunal, Tirunelveli. The court found no grounds to interfere with the Tribunal's finding of 50:50 negligence or the quantum of the damages awarded.
The Civil Miscellaneous Appeal was dismissed. No 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.
C.M.A.(MD).No.1300 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD).No.1300 of 2011
The Managing Director, Tamil Nadu State Transport Corporation Limited, Kumbakonam, Division II, Periyamilagapuri, Contanment, Trichy – 1. ... Appellant/2nd Respondent Vs. 1.Mr.J.Krishnaswamy ... 1st Respondent/Claimant 2.The Managing Director, State Express Transport Corporation Limited, Tamil Nadu Division -I, Pallavan Salai, Chennai -2. ... 2nd Respondent/1st Respondent
Prayer : The Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P.No.218 of 2003, dated 30.11.2006 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchirapalli.
For Appellant : Mr.N.Asaithambi For R2 : Mr.S.Royce Emmanual R1 : Dist. vide court order dated 10.04.2019
J U D G M E N T
This appeal has been preferred challenging the award passed by the Motor Accident Claims Tribunal (Sub Court), Tirunelveli in M.C.O.P.No.218 of 2003.
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C.M.A.(MD).No.1300 of 2011
Assistant Registrar(AE)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
akv
To
The Motor Accident Claims Tribunal, Subordinate Court, Tiruchirapalli.
Copy to
The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies)
C.M.A.(MD).No.1300 of 2011 16.04.2021
SVN(CO) TR(08.06.2021) 2P 4C
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3 issues framed by the court
Whether the Civil Miscellaneous Appeal preferred against the Motor Accident Claims Tribunal award requires interference.
Whether the finding of negligence is recorded correctly by the Tribunal.
Whether the quantum of damages awarded by the Tribunal is fair and reasonable.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Limited
Mr. J. Krishnaswamy
The Managing Director, State Express Transport Corporation Limited
K.Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
