The Managing Director vs K.Archunan
2023 Latest Caselaw 5987 Mad

                                                                           C.M.A.(MD).No.524 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                  DATED: 12.06.2023
                                                      CORAM
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                             C.M.A.(MD).No.524 of 2023
                                                       and
                                             C.M.P.(MD).No.6687 of 2023

                The Managing Director,
                Tamil Nadu State Transport Corporation,
                Coimbatore.                                                        ... Appellant
                                                    Vs.

                1.K.Archunan
                2.Indira
                3.Rekha
                                                                                ... Respondents


                PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.64 of 2019,
                dated 01.02.2022 on the file of the Motor Accident Claims Tribunal, Special
                District Court, Madurai.


                                  For Appellant       : Mr.P.Prabhakaran

                                                  JUDGMENT

Challenging the quantum of compensation awarded by the Motor

Accident Claims Tribunal, Special District Court, Madurai in M.C.O.P.No.64 of

2019, dated 01.02.2022, the present appeal has been filed by the Transport

Corporation.

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

C.M.A.(MD).No.524 of 2023

2. The only contention raised by the learned counsel for the

appellant/Transport Corporation before this Court is that the amendment for

enhancing the compensation under Section 164 of the Motor Vehicles Act

brought in the year 2019.

3. On 03.08.2010, at about 15.45 hours, while the deceased was riding

his motorcycle bearing Registration No.TN 59 P 0412 from Tirupur – Polachi

Main Road, the bus bearing Registration No.TN 38 N 1018 came in a rash and

negligent manner and dashed against the motorcycle. As a result, the deceased

succumbed to injuries. Hence, the petitioners have filed the claim petition

before the Motor Accident Claims Tribunal. It is the stand of the respondent

before the Tribunal that the accident was not caused by the driver of the bus

and only the deceased was negligent in riding the motorcycle. However, taking

note of the fact that the application has been filed under Section 163(A) of the

M.V.Act, the Tribunal has awarded a sum of Rs.5,00,000/-.

4. It is relevant to note that the application filed under Section 163(A) of

the M.V.Act, the claimant need not prove the accident. Though the accident was

occurred prior to the amendment, the fact remains that the amendment is

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

C.M.A.(MD).No.524 of 2023

brought only to enhance the compensation payable under Section 163 of the

M.C.Act. The claim application was disposed only on 01.02.2022. The

amendment has been brought in the year 2019.

5. In such a view of the matter, I do not find any merit in this appeal.

Accordingly, this Civil Miscellaneous Appeal is dismissed. The appellant /

Transport Corporation is directed to deposit the entire award amount within a

period of one month from the date of receipt of a copy of this order. No costs.

Consequently, the connected Miscellaneous Petition is closed.

12.06.2023

akv

To

The Motor Accident Claims Tribunal, Special District Court, Madurai.

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

C.M.A.(MD).No.524 of 2023

N.SATHISH KUMAR,J.

akv

C.M.A.(MD).No.524 of 2023

12.06.2023

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