The Madras High Court dismissed a Civil Miscellaneous Appeal filed by a bus transport corporation challenging the compensation award of the Motor Accident Claims Tribunal in a motor accident case. The Court found the Tribunal applied its mind to the evidence and rightly awarded the sum.
Civil Miscellaneous Appeal dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
The Managing Director,
The Tamil Nadu State Transport Corporation, Ramakrishna Road, Salem.
Lokesh ... Respondent/Petitioner
PRAYER:-
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 24.11.2021 made in M.C.O.P.No.825 of 2019 on the file of the Motor Accident Claims Tribunal, Special Sub Judge II, Salem.
For Appellant : Mr.D.Venkatachalam
The respondent, aggrieved by the award passed by the Motor Accident Claims Tribunal, Special Sub Judge II, Salem in M.C.O.P.No.825 of 2019 is the appellant before this Court.
The respondent herein had filed M.C.O.P.No.825 of 2019 seeking compensation for the injuries sustained by him in a road accident involving the bus belonging to the appellant/Transport Corporation. It is his case that, on 18.08.2018, when he was traveling in his Honda CB Triger bearing Registration No.TN 28 AS 5673 at around 8.45 p.m., as he was nearing Dhatchinamoorthy Temple at Seelanaicken patty, the appellant-Transport Corporation's bus, bearing Registration No.TN 30 N 0156, which
was driven in a rash and negligent manner, hit the claimant and as a result of this impact, he had sustained grievous injuries all over his body. He was rushed to the hospital, where he was admitted as an in-patient. He would also submit that by reason of the accident, he was not able to perform the activities that he did prior to the accident.
a). There is no oral and documentary evidence produced by the claimant to prove his age, occupation and income.
b). Fixing a sum of Rs.5,000/- per percentage for the injuries, is on the higher side.
c) The Tribunal herein awarded a sum of Rs.30,000/- towards pain and sufferings, which is not in consonance with the injuries sustained by him.
Except these grounds, which basically attacks the amount of compensation, there is no other substantial ground raised by the appellant.
Tribunal has rightly awarded compensation based on the oral and documentary evidence available on record, which does not warrant any interference by this Court. Therefore, I do not see any reason to disagree with the impugned award. Accordingly, the Civil Miscellaneous Appeal is dismissed. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
srn
To
The Motor Accident Claims Tribunal, The Special Sub Judge II, Salem.
Copy To:-
The Section Officer, V.R. Section, Madras High Court, Chennai.
+1cc to Mr.D.Venkatachalam, Advocate, S.R.No.16628
C.M.A.NO.498 OF 2022 AND C.M.P.NO.3675 OF 2022
NMI(CO) PBS/06/04/2022
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in awarding compensation based on oral and documentary evidence.
Whether the quantum of compensation awarded by the Tribunal requires interference by this Court.
1 provisions across 1 enactments
The Tamil Nadu State Transport Corporation
Lokesh
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
