The Managing Director v. S.Hathmul Ali,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY The Managing Director, The Tamil Nadu State Transport Corporation Limited, Bypass Road, Madurai.
... Appellant Vs.
S.Hathmul Ali ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and Decree dated 04.11.2019 passed in M.C.O.P.No.1410 of 2015 on the file of the Motor Accident Claims Tribunal, (IV Additional District Judge), Madurai.
For Appellant : Mr.K.Sudalaiyandi For Respondent : Mr.P.T.S.Narendravasan *****
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal. 2.It is a case of injury. The medical Board had certified the partial disability as 40%. The Tribunal has taken the same and granted Rs.3,000/- per 1/4
percentage. For 40% partial disability, it comes to Rs.1,20,000/- which is appropriate and fair compensation. As far as the other heads are concerned, the Tribunal has fixed appropriate fair compensation. Hence, the total compensation granted by the Tribunal to the tune of Rs.1,84,500/- with 7.5% interest is just and fair compensation. Therefore, this Court is not inclined to entertain this Civil Miscellaneous Appeal and the order passed by the Tribunal is confirmed. 3.The appellant is directed to deposit Rs.1,84,500/- with interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimant is permitted to withdraw the same, less the amount already withdrawn by him, if any, by filing appropriate application before the Tribunal. Hence, the Civil Miscellaneous Appeal is dismissed. No costs. 21.02.2024 NCC : Yes / No (2/2) Index : Yes / No Internet : Yes / No Tmg 2/4
To:
1.Motor Accident Claims Tribunal / (IV Additional District Judge), Madurai.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
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