The Managing Director vs Senthilkumar
2022 Latest Caselaw 15399 Mad

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

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.868 of 2022

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

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

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