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Madras High CourtCMA/1844/2025dismissed

K.Akash v. The Managing Director

2025-07-16Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. K.Akash S/o.Kamalakannan, No.3/161, Mariyamman Koil St, Paiyanoor, Kanchipuram Dist 603 104 Appellant(s) Vs

1. The Managing Director Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai 2.

Respondent(s) PRAYER To allow the appeal and enhance compensation in M.C.O.P. No.201/2019 dated 08.08.2024 on the file of the Motor Accidents Claims Tribunal /IV Court of Small Causes, Chennai.

For Appellant(s):

Ms.Ramya V. Rao For Respondent(s):

JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance compensation in M.C.O.P. No.201/2019 dated 08.08.2024 on the file of the Motor Accidents Claims Tribunal /IV Court of Small Causes, Chennai.

2. On 18.12.2018 at about 09.00 hours, when the claimant was getting in to the MTC bus bearing registration No TN 01 N 8762, the driver of the bus negligently started the bus due to without noticing him due to which the claimant sustained injuries. Thereafter, the claimant filed the petition before the tribunal. The respondent contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quatum of compensation, the claimant filed this appeal.

3. The learned counsel for the claimant submits that the tribunal has not awarded compensation under the head of loss of income of the claimant and also awarded very less compensation in other heads. Hence, he prays to enhance the compensation.

4. Considering the fact that the accident was happened in the year 2018 therefore the tribunal has rightly fixed Rs.7,000/- per percentage of disability and also awarded compensation in other heads. The award passed by the tribunal is sufficient which needs no interference. The respondent is directed to deposit the award passed by the tribunal along with 7.5% interest per annum within a period of eight weeks from the date of receipt of a copy of this Judgement. Accordingly, this Civil Miscellaneous Appeal is dismissed. No Costs. Pending petition(s), if any, is/are closed. 16-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Managing Director Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai 2.

2. The Section officer, V.R Section, High Court, Madras.

3. The Motor Accidents Claims Tribunal /IV Court of Small Causes, Chennai.

T.V.THAMILSELVI J.

pbl 16-07-2025