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The Managing Director, M/s. State Express Transport Corporation Ltd. Chennai Vs. Ramalingam and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA (MD) No. 1259 of 2006 & M.P. (MD). No. 10775 of 2016
Judge
AppellantThe Managing Director, M/s. State Express Transport Corporation Ltd. Chennai
RespondentRamalingam and Others
Excerpt:
.....vehicles act, against the order passed in mcop.no.3 of 2009 dated 19.10.2002 on the file of the motor accidents claims tribunal, (subordinate judge), kulithalai.) judgment: 1. the present civil miscellaneous appeal has been against the the order dated 19.10.2002 passed in mcop.no.3 of 2009 on the file of the motor accidents claims tribunal, (subordinate judge), kulithalai. 2. it is a case of injury caused due to the accident that took place on 17.10.2008 at about 03.45 a.m at industrial training institute, guindy, chennai. the injured/victim filed a claim petition seeking compensation before the motor accidents claims tribunal, (subordinate judge), kulithalai and the tribunal by considering the facts and circumstances of the case, awarded rs.1,18,500/- as total compensation with.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order passed in MCOP.No.3 of 2009 dated 19.10.2002 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Kulithalai.)

Judgment:

1. The present Civil Miscellaneous Appeal has been against the the order dated 19.10.2002 passed in MCOP.No.3 of 2009 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Kulithalai.

2. It is a case of injury caused due to the accident that took place on 17.10.2008 at about 03.45 a.m at Industrial Training Institute, Guindy, Chennai. The injured/victim filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, (Subordinate Judge), Kulithalai and the Tribunal by considering the facts and circumstances of the case, awarded Rs.1,18,500/- as total compensation with interest at 7.5% per annum. The appellant Transport Corporation has filed the present appeal, challenging the Award passed by the Tribunal, on the ground that the quantum of compensation awarded by the Tribunal is excessive.

3. This Court has gone through the findings recorded by the Tribunal. It is a case of grievous injury and the claimant was 34 years old at the time of the accident and that apart, he was a load man. He sustained fracture in mandible bone and multiple injuries all over the body and his eye vision and hearing also affected.

4. Considering the nature of the injuries sustained by the claimant/1st respondent and the findings arrived at by the Tribunal, this Court is of the view that there is no infirmity in the award of the Tribunal and hence, no intervention is required. Accordingly, the present Civil Miscellaneous Appeal devoid of merits.

5. In the result, the Civil Miscellaneous Appeal is dismissed. The award passed in MCOP.No.3 of 2009 dated 19.10.2002 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Kulithalai is confirmed. No costs. Consequently, connected miscellaneous petition is closed.

6. The appellant Transport Corporation is directed to deposit the entire award amount with proportionate accrued interest and costs, if not already deposited, to the credit of MCOP.No.3 of 2009 dated 19.10.2002 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Kulithalai, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the respondent/claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs through RTGS, by filing necessary application before the Tribunal concerned.


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