Madras High Court
Suresh vs The Managing Director on 8 April, 2021
C.M.A.No.2270 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2270 of 2019
Suresh ... Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
12, Ramakrishna Road,
Salem – 636 007. ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 28.01.2019
made in M.C.O.P.No.213 of 2014 on the file of the Motor Accidents
Claims Tribunal/Subordinate Judge Court, Tiruchengode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondent : M/s.P.Rajathi for Mr.D.Raghu
JUDGMENT
The claimant is the appellant in this appeal and is aggreived by the
impugned judgment and decree dated 28.01.2019 passed by the Motor
Accidents Claims Tribunal/Subordinate Judge Court, Tiruchengode in
M.C.O.P.No.213 of 2014.
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C.M.A.No.2270 of 2019
2.By the impugned Judgment and decree, the Tribunal has awarded
a sum of Rs.1,04,762/- has compensation for the injuries suffered by the
appellant while travelling in the bus beloning to the respondent/State
Transport Corporation.
3.The Tribunal has concluded that the appellant has suffered a
simple injury and as awarded a sum of Rs.69,762/- towards
reimbursement to medical expenses. The appellant was examined P.W.2
and P.W.3 namely the Doctor Yoganandhan and Maduperiyasamy as
P.W.2 and P.W.3. The appellant also filed the wound certificate in Ex.P.4
and Ex.P.8.
4.Considering the fact that the petitioner has undone medical
treatment at Thirukumaran Hospital, Tiruchengode and was thereafter
shifted to Ganga Hospital, Coimbatore. I am inclined to award another
sum of Rs.75,000/- as the appellant has lost muscle which was required
plastic surgery. Otherwise, there is no basis on which the appellant
would have incurred a sum of Rs.69,762/- towards medical expenses in
absence of any other evidence. The compensation awarded by the
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C.M.A.No.2270 of 2019
Tribunal is therefore partly enhanced by another sum of Rs.75,000/-.
This amount shall be deposited by the respondent within a period of
eight weeks from the date of receipt of a copy of this order.
5.The respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.1,79,762/- together
with interest at 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 eight weeks from the date of receipt of a copy of
this Judgment.
6.On such deposit being made by the respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the same
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
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C.M.A.No.2270 of 2019
7.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
08.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
12, Ramakrishna Road,
Salem – 636 007.
2.The Motor Accidents Claims Tribunal,
Subordinate Judge Court, Tiruchengode.
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.2270 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.2270 of 2019
08.04.2021
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