The Managing Director Vs Manimegalai

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 28.07.2023 made in M.C.O.P.No.2244 of 2017 on the file of the Motor Accident Claims Tribunal / Special Sub Court (to deal with Land Grabbing Cases), Cuddalore.

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For Appellant : Mr.C.R.Suresh Kumar For Respondent : Mrs.A.Subhatra

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Page No.1/6

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.2817 of 2025

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JUDGMENT

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This Civil Miscellaneous Appeal has been preferred by the Managing Director of TNSTC, Viluppuram, against the Award dated 28.07.2023 passed in M.C.O.P.No.2244 of 2017 on the file of the Motor Accidents Claims Tribunal/Special Sub Court (to deal with land grabbing cases), Cuddalore, for a change in the quantum of compensation.

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The parties are indicated herein as per their litigative status and ranking before the Tribunal.

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Claim Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.2,00,000/- for the injuries sustained on account of road traffic accident that took place on 29.01.2016.

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The Tribunal, upon consideration of oral and documentary evidence and after hearing arguments advanced by either side, granted compensation of Rs.50,000/- for pain and sufferings, for future medical expenses, for extra nourishment, for transport expenses and for attender charges with interest at Rs.7.5% p.a from the date of claim petition.

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Page No.2/6

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.2817 of 2025 5. From the evidence of P.W.1/claimant, it is deducible that on

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account of accident, she sustained injuries on her head, forehead, on both knees and chest. She had taken initial treatment at Primary Health Centre, Idaikazhinadu. Thereafter, on the next date, she had taken treatment at Jipmer Hospital, Puduchery as an outpatient as per Ex.P3 (Copy of OP sheet).

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Date of accident is 29.01.2016. The manner in which the accident

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occurred is not in dispute. It appears that when she was travelling in the respondent's TNSTC bus, it hit upon a lorry which came from the opposite side and accident occurred. Due to the said effect, she sustained injuries all over her body. It is pertinent to note that the Tribunal has observed that she was still under the treatment. In such circumstances and in consideration of above said facts, the Tribunal granting Rs.50,000/- for pain and sufferings, for future medical expenses, for extra nourishment, for transport expenses, for attender charges, and for other expenses cannot be found fault with.

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In the result,

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(i) The Civil Miscellaneous Appeal stands dismissed. No costs.

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Consequently connected miscellaneous petition is closed.

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Page No.3/6

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.2817 of 2025

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(ii) The compensation awarded by the Tribunal

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Rs.50,000/- is confirmed.

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(iii) The appellant/Transport Corporation is directed to deposit the compensation amount of Rs.50,000/- (less the amount already deposited, if any) with interest at 7.5% p.a. from the date of filing of the claim petition till the date of realisation to the credit of M.C.O.P.No.2244 of 2017 on the file of the Motor Accidents Claims Tribunal/Special Sub Court to deal with land grabbing cases, Cuddalore, within a period of eight (8) weeks from the date of receipt of a copy of this Judgment.

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(iv) On such deposit being made, the claimant/respondent is permitted to withdraw the same with interest, after adjusting the amount, if any already withdrawn by filing necessary application before the Tribunal.

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11.12.2025

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No apd To

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