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Madras High CourtCMA/1115/2013dismissed

The Managing Director v. Abdul Jaffar

2020-09-24Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2020

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.1115 of 2013 and M.P.No.1 of 2013 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.

...Appellant/ Respondent vs.

Abdul Jaffar ... Respondent/ Petitioner Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 01.03.2007 made in MCOP No.243 of 2005 on the file of Motor Accidents Claims Tribunal (Principal Subordinate Judge) Tiruvannamalai.

For Appellant :

Mr.C.S.K. Sathish For Respondent :

Batta not filed reg - Not ready in notice

JUDGMENT

(This case was heard through Video Conferencing) The learned counsel for the appellant fairly submitted that the appeal filed by the respondent / claimant seeking for enhancement as against the same impugned award dated 01.03.2007 passed by the Motor Accidents Claims Tribunal (Principal Subordinate Judge) Tiruvannamalai in MCOP No.243 of 2005 was partly allowed by this Court on 10.12.2018 in CMA No.1938 of 2011 and the compensation was enhanced to Rs.1,30,000/- from Rs.50,800/- fixed by the Tribunal. A copy of the aforesaid judgment has also been placed before this Court.

2. The only ground raised in this appeal by the appellant / Transport Corporation is that the quantum of compensation awarded by the Tribunal is excessive. Since the said issue has been duly considered in the connected appeal filed by the claimant in C.M.A. No.1938 of 2011(referred to supra), this appeal filed by the Transport Corporation has to fail. https://hcservices.ecourts.gov.in/hcservices/

3. For the foregoing reasons, there is no merit in this appeal and accordingly, the Civil Miscellaneous Appeal shall stand dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi2 To

1. The Principal Subordinate Judge, Motor Accidents Claims Tribunal, Tiruvannamalai.

2.The Section Officer, Vernacular Section, Madras High Court.

C.M.A.No.1115 of 2013 AD co A.SK(11.03.2021) https://hcservices.ecourts.gov.in/hcservices/