Madras High CourtCMA(MD)/570/2017dismissed

The Managing Director v. Dhanalakshmi

2017-06-30Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017 Coram:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.M.A(MD)No.570 of 2017 and C.M.P(MD)No.6052 of 2017 The Managing Director, Tamil Nadu State Transport Corporation, New Junction Road, Kumbakonam.

.. Appellant/Respondent -Vs1.Dhanalakshmi .. Ist Respondent/Petitioner 2.Howlah Beevi Sam .. 2nd Respondent/ 2nd Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,1988 against the award and decree made in M.C.O.P.No.716 of 2013, dated 29.2.2016 on the file of the Motor Accident Claims Tribunal(Special Sub-Court),Thanjavur For Appellant : Mr.P.Prabhakaran

JUDGMENT

This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No.716 of 2013, dated 29.2.2016, on the file of the Motor Accident Claims Tribunal(Special Sub-Court), Thanjavur.

2.The Transport Corporation is the appellant. The first respondent/claimant sought for compensation of Rs.5 lakhs for the injuries suffered by her in the motor accident that took place on 29.3.2013.The claimant was a passenger in the bus and she suffered lacerated injuries all over her body.

3.Though the Transport Corporation resisted the claim, contending that the driver of the Ambassador Car which came in the opposite direction was responsible for the accident, no one was examined on the side of the Transport Corporation to prove the said contention. Therefore, the Tribunal had rightly held that the driver of the bus was responsible for the accident. On the question of quantum, considering the nature of injuries, the https://hcservices.ecourts.gov.in/hcservices/

Tribunal has awarded a consolidated sum of Rs.22,000/- as compensation. I do not find any reason to interfere with the said award as the said award amount is just and reasonable. Thus the appeal fails.

4.Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To

1. The Special Subordinate Judge, (The Motor Accident Claims Tribunal) Thanjavur.

+1 CC to M/s.P.PRABHAKARAN, Advocate, SR No. 62984. VSN PSM/KP/SAR2/13.07.2017/2P/3C C.M.A(MD)No.570 of 2017 and C.M.P(MD)No.6052 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/