Madras High Court
The Tamil Nadu State Transport ... vs P.Krishnamoorthy on 11 November, 2021
CMA(MD)No.182 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.182 of 2021 &
CMP(MD)No.1535 of 2021
The Tamil Nadu State Transport Corporation
(Madurai) Limited,
By its Managing Director
Bye Pass Road, Madurai – 625 010.
... Appellant
vs.
P.Krishnamoorthy ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
13.11.2019 in MCOP.No.818 of 2011 on the file of the Motor Accident
Claims Tribunal (Chief Judicial Magistrate Court), Madurai.
For Appellant :Mr.K.Sudalaiyandi
For Respondent : No appearance
https://www.mhc.tn.gov.in/judis
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CMA(MD)No.182 of 2021
JUDGMENT
The Tamil Nadu State Transport Corporation filed this appeal
against the Judgment and Decree dated 13.11.2019 in MCOP.No.818 of
2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial
Magistrate Court, Madurai.
2. The respondent/claimant filed MCOP.No.818 of 2011, claiming
compensation for the injuries sustained by him in the accident that took
place on 23.03.2010. The Tribunal after analysing the entire evidence on
record, awarded a sum of Rs.1,58,700/- together with interest at the rate
of 7.5% per annum, as compensation to the respondent/claimant.
3. Heard the learned counsel for the appellant.
4. The appellant has filed this appeal questioning the liability and
quantum of compensation. First Information Report was registered
against the driver of the Transport Corporation bus. A perusal of the
order passed by the Tribunal shows that, after investigation, charge sheet
was also laid against the driver of the Transport Corporation bus. Taking
these factors into consideration, the Tribunal fixed the liability on the
appellant / Transport Corporation and the same is hereby confirmed.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.182 of 2021
5. According to the respondent/claimant he sustained fracture in
right femur and he has produced Ex.P3, discharge summary to prove the
same. The respondent/claimant has also produced Ex.P6, Medical Bills,
to prove that he has spent Rs.1,07,740/- towards medical expenses. The
Tribunal granted loss of income for four months, by fixing the monthly
income of the respondent/claimant as Rs.8,000/- and the same appears to
be reasonable, since the accident took place in the year 2010 and the
injured was working as a driver. All the other heads awarded by the
Tribunal appear to be nominal and reasonable. Hence, this Court finds
no valid reason to interfere with the award passed by the Tribunal.
6. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The orders passed in MCOP.No.818 of 2011 by the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Madurai on
13.11.2019 is confirmed.
11.11.2021
Index : Yes/No
Internet : Yes/No
mbi
https://www.mhc.tn.gov.in/judis
CMA(MD)No.182 of 2021
S.ANANTHI, J.
mbi
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
The Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Madurai
CMA(MD)No.182 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
