C.M.A(MD)No.868 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 15.09.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)No.868 of 2022
and
C.M.P.(MD)No.8266 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation,
Periyamilaguparai,
District Collector Office Road,
Tiruchirappalli. : Appellant /Respondent
Vs.
Senthilkumar : Respondent/Claimant
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the impugned award passed in M.C.O.P.
No.271 of 2017, dated 21.08.2019 on the file of the MACT (Special District
Court), Thanjavur.
For Appellant : Mr.P.M.Vishnuvarthanan
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C.M.A(MD)No.868 of 2022
JUDGMENT
The Civil Miscellaneous Appeal is directed against the judgment and decree passed in M.C.O.P.No.271 of 2017, dated 21.08.2019 on the file of the MACT (Special District Court), Thanjavur.
2.The learned counsel for the appellant would submit that the only dispute is with regard to the quantum of compensation and that too granting of Rs.50,000/- towards pain and sufferings.
3. The learned counsel for the appellant would submit that the amount of Rs.50,000/- is excessive. But, perusal of the records would reveal that the injured was taking in-patient treatment from 12.08.2016 to 20.08.2016 and the Medical Officer has quantified the disability at 45%.
4.Considering the period of treatment and the nature of the injuries suffered by the injured, the amount awarded at Rs.50,000/- towards pain and sufferings cannot be found fault with. Except the above, the appellant has not raised any other objections.
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5.On considering the above, the impugned award passed in M.C.O.P.No.271 of 2017, dated 21.08.2019 on the file of the MACT (Special District Court), Thanjavur, cannot be found fault with. Consequently, this Court concludes that the Civil Miscellaneous Appeal is devoid of merits and the same is liable to be dismissed.
6.In the result, the Civil Miscellaneous Appeal is dismissed and the impugned award, dated 21.08.2019, made in M.C.O.P.No.271 of 2017, on the file of the MACT (Special District Court), Thanjavur, is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.
15.09.2022 Index : Yes : No Internet : Yes : No das 3/4 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.868 of 2022 K.MURALI SHANKAR,J.
das To
1.The MACT (Special District Court), Thanjavur.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
C.M.A(MD)No.868 of 2022 and C.M.P.(MD)No.8266 of 2022 15.09.2022 4/4 https://www.mhc.tn.gov.in/judis