M.Sureshkumar, v. Tami Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.505 of 2015 M.Suresh Kumar ... Appellant /Petitioner Vs.

Tamil Nadu State Transport Corporation, Through its Managing Director, Bye Pass Road, Madurai.

... Respondent/Respondent Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and enhance the award amount in M.C.O.P.No.11 of 2012 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli, dated 29.10.2012.

For Appellant : Mr.T.Selvakumaran For Respondent : Mr.P.Prabakaran

JUDGMENT

Heard the learned counsel on either side.

2.The injured claimant has filed this appeal seeking enhancement of the compensation amount awarded by the Tribunal. It is seen that the Tribunal considering the nature of injury suffered by the appellant has applied only the multiplier method. The monthly income was taken as Rs.9,000/-. The medical bills have been fully settled. A sum of Rs.23,04,824/- has been awarded by the Tribunal. There is absolutely no justification for seeking further enhancement. There is no merit in this appeal. The award made in M.C.O.P.No.11 of 2012 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli, dated 29.10.2012 is confirmed.

3.The respondent is directed to deposit the entire compensation amount of Rs.23,04,824/- 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 On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. https://hcservices.ecourts.gov.in/hcservices/

4.This Civil Miscellaneous Appeal is dismissed. No costs. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar To

1. The Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Tirunelveli,

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

+1cc to Mr.P.Prabakaran, Advocate Sr.No.85230 +1cc to Mr.T.Selvakumaran, Advocate Sr.No.85292 TSG VB/SV/MMS/SAR4/29/12/2017/2P/5C C.M.A.(MD)No.505 of 2015 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/