The Managing Director, v. Thangamariappan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.37 of 2016 and C.M.P.(MD).No.655 of 2016 The Managing Director, Tamil Nadu State Express Transport Corporation Limited, Pallavansalai, Chennai.

... Appellant/Respondent.

Vs.

Thangamariappan ... Respondent/Petitioner.

Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 15.04.2015 made in M.C.O.P.No.277 of 2014, on the file of the Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli. For Appellant : Mr.P.Prabhakaran For Respondent : Mr.T.Selvakumaran

JUDGMENT

Heard the learned counsel on either side.

2.The appellant/Transport Corporation has filed this appeal, questioning the impugned award on the ground of quantum. The claimant is also an employee in the appellant/Transport Corporation. He was travelling as a passenger in the vehicle belonging to the appellant/Transport Corporation. The bus dashed against a stationery lorry. The claimant suffered serious injuries. The Tribunal awarded a sum of Rs.9,29,700/- as compensation. The claimant who was travelling as a passenger in the said bus suffered fracture in both of his legs. He was an inpatient for more than 14 days in the hospital. There is also a malunion in his left leg. The doctor has assessed the disability suffered by the claimant at 60%. The Tribunal has awarded a sum of Rs.1,00,000/- towards loss of amenities. I am of the view that this can be reduced to Rs.50,000/-. The Tribunal awarded the https://hcservices.ecourts.gov.in/hcservices/

interest at 9%. This is not correct. 7.5% interest has to be awarded. The impugned award is modified only on these two counts. In all other respects, the impugned award is confirmed. Therefore, the compensation awarded by the Tribunal is reduced from Rs.9,29,700/- to Rs.8,79,700/-.

3.The award dated 15.04.2015 made in M.C.O.P.No.277 of 2014, on the file of the Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli, is modified accordingly.

4.The appellant is directed to deposit the compensation amount of Rs.8,79,700/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.

5.This Civil Miscellaneous Appeal stands partly allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Special Sub Judge, The Special Sub Court, Tirunelveli Copy to:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.P.Prabhakaran, Advocate, SR.No.89968 +1CC to Mr.T.Selvakumaran, Advocate, SR.No. 90387 C.M.A.(MD)No.37 of 2016 28.11.2017 tsg AM/SKN RSK/SAR 4/26.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/