Madras High Court
The Managing Director vs Ponmudi on 27 April, 2021
C.M.A.No.331 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.331 of 2020
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Salem Division – I,
Tiruvannamalai. ... Appellant
Vs.
Ponmudi ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the Judgment and Decree dated
07.12.2018 made in M.C.O.P.No.946 of 2017, on the file of the Motor
Accidents Claims Tribunal, The Special Sub Judge (MCOP),
Tiruvannamalai.
For Appellant : Mr. L.Ramanathan
For Mr.D.Venkatachalam
For Respondent : Mr.S.Panneer Selvam
JUDGMENT
(Through video conference)
Heard the learned counsels for the appellant and the respondent.
The Appellant / Tamil Nadu State Transport Corporation has filed this
appeal against the impugned Judgment and decree dated 07.12.2018 in
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C.M.A.No.331 of 2020
MCOP No.946 of 2017, passed by the Motor Accident Claims Tribunal
Judge / Special Sub Judge (MCOP), Tiruvannamalai.
2.By the impugned Judgment and decree, the Tribunal has awarded
a sum of Rs.1 lakh as compensation for the injuries suffered by the
respondent / claimant. It was the case of the Appellant / Tamil Nadu State
Transport Corporation that the respondent / claimant was negligent and
dashed against the bus and caused accident, the Tribunal has concluded
that since the claim was filed under Section 163 (A) of the Motor
Vehicles Act, 1988, therefore in terms of the decision of the Hon'ble
Supreme Court in United India Insurance Company Limited vs. Sunil
Kumar and another reported in CDJ 2017 SC 1291, the compensation
was to be awarded.
3.The nature of the injuries suffered by the 1st respondent as
detailed as under:
(1) A Laceration measuring 7 X 2 X 1 C.M at the right Arm.
(2) An Abrasion mearsuring 3 X 2 C.M in the right elbow.
(3) An Abrasion measuring 7 X 2 C.M with fracture at right foot.
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C.M.A.No.331 of 2020
4.The Tribunal has awarded a sum of Rs.1 lakh as per the amended
second schedule to the Motor Vehicles Act, 1988. The Tribunal has
considered the percentage of disability as 20% and accordingly awarded
a sum of Rs.1 lakh as compensation.
5.Therefore there is no merits in the appeal filed by the Tamil Nadu
State Transport Corporation Limited. Therefore the Civil Miscellaneous
Appeal filed by the Tamil Nadu State Transport Corporation Limited is
liable to be dismissed.
6.The appellant /Tamil Nadu State Transport Corporation Limited
is therefore directed to deposit a sum of Rs.1,00,000/- as awarded by the
Tribunal together with interest at the rate of 7.5% per annum from the
date of numbering of the claim petition till the date of such deposit, less
any amount already deposited by it, within a period of six weeks from the
date of receipt of a copy of this Judgment.
7.On such deposit being made by the Appellant / Tamil Nadu State
Transport Corporation Limited, the respondent / claimant is permitted to
withdraw the same together with interest accrued thereon, less any
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C.M.A.No.331 of 2020
C.SARAVANAN, J.
ssi
amount already withdrawn in the same proportion as was ordered by the
Tribunal.
8.In the light of the above, this Civim Miscellaneous Appeal filed
by the Appellant / Tamil Nadu State Transport Corporation Limited is
dismissed. No costs.
27.04.2021
ssi
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
2. The Section Officer,
Vernacular Section,
Madras High Court.
C.M.A.No.331 of 2021
https://www.mhc.tn.gov.in/judis/
