This Civil Miscellaneous Appeal challenged a Motor Accident Claims Tribunal award of Rs.2.28 lakh. The High Court enhanced the compensation to Rs.2.83 lakh, directing the respondent to pay the enhanced amount with interest.
Compensation enhanced to Rs.2,83,500 payable by the respondent with 7.5% per annum interest from the date of claim.
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.1577 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 10.02.2023
Delivered On : 01.03.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.1577 of 2013
A. Rajkumar .. Appellant /claimant
Vs.
Tamil Nadu State Transport Corporation Ltd., Represented by its Managing Director, Kumbakonam Division – II, Periyamilaguparai, Trichy. .. Respondent / Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 12.10.2009, made in M.C.O.P.No. 825 of 2006, on the file of the Motor Accident Claims Tribunal - II Additional Sub Court, Trichy.
For Appellant : Mr.B.Prasanna Vinoth For Respondent : Mr.M.Prakash
C.M.A.(MD)No.1577 of 2013
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award, dated 12.10.2009, made in M.C.O.P.No. 825 of 2006, on the file of the Motor Accident Claims Tribunal - II Additional Sub Court, Trichy. The appellant herein is the claimant and the respondent herein is the respondent in the original M.C.O.P. Petition.
follows:-
On 09.12.2005, at about 11.45 pm., when the petitioner was travelling in a bus bearing Registration No.TN-45-N-1803, the driver of the bus drove the vehicle in a rash and negligent manner and applied sudden brake and the petitioner and other passengers sustained injuries. The petitioner claim a sum of Rs.8,00,000/- as compensation.
The petitioner was travelling in a standing position, the bus was driven in a slow and cautious manner. It was the petitioner, who failed to hold the rails or the
C.M.A.(MD)No.1577 of 2013
hand bar of the bus in a proper manner. When the bus crossed a hump in the road,
the petitioner, who travelled without holding hand bar, fell down and he sustained injuries. The nature of injuries and the treatment particulars are all denied. The claim is excessive.
The Tribunal awarded a meagre amount, without considering the material evidence on record. The petitioner sustained fracture on the spinal cord and on both the legs. The Tribunal failed to consider the discharge summary.
C.M.A.(MD)No.1577 of 2013
C.M.A.(MD)No.1577 of 2013
C.M.A.(MD)No.1577 of 2013
and the same is rounded off to Rs.1,52,500/-. The tribunal awarded Rs.10,000/towards pain and sufferings, Rs.5,000/- towards mental agony, Rs.5,000/- towards extra nourishment, which are all reasonable.
For 53% Disability : Rs. 1,06,000/Medical expenses : Rs. 1,52,500/Pain and sufferings : Rs. 10,000/Extra nourishment : Rs. 5,000/Transport expenses : Rs. 5,000/Mental agony : Rs. 5,000/........................ Total compensation : Rs. 2,83,500/.........................
Rs.2,28,169 /- to Rs.2,83,500/- .
(i) The claimant / appellant is entitled to Rs.2,83,500/ as compensation.
C.M.A.(MD)No.1577 of 2013
(ii) The respondent herein - Transport Corporation, is directed to deposit the entire compensation of Rs.2,83,500/ (less the amount if any already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and with costs, within a period of eight weeks from the date of receipt of a copy of this order.
(iii) On such deposit being made by the Transport Corporation, the appellant / claimant is permitted to withdraw the entire award amount with interest and costs, on the filing of proper petition before the Tribunal, less any amount, if already withdrawn by him. The Claimant is not entitled for interest for the default period, if there is any default. No costs.
01.03.2023
NCC : Yes/No Index : Yes/No Internet : Yes/No Ls
To
1.The Motor Accident Claims Tribunal - II Additional Sub Court, Trichy. 2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.1577 of 2013
R. THARANI, J.
Ls
Pre-delivery Judgment made in C.M.A.(MD)No.1577 of 2013
01.03.2023
2 issues framed by the court
Whether the compensation awarded by the Tribunal against the claimant in the motor accident case is adequate and requires enhancement?
Whether the Tribunal's finding regarding the extent of disability and medical expenses is supported by the evidence on record?
1 provisions across 1 enactments
A. Rajkumar
Tamil Nadu State Transport Corporation Ltd.
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
