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Madras High CourtCMA(MD)/1089/2018dismissed

The General Manager, v. U.Santha,

2018-11-23Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.M.A.(MD).No.1089 of 2018 and C.M.P.(MD).No.11135 of 2018 The General Manager, Tamil Nadu State Transport Corporation, Kumbakonam, (Karaikudi Region), Karaikudi.

... Appellant/2nd Respondent Vs.

1. U.Santha ...1st Respondent/Petitioner

2. The General Manager, Tamil Nadu State Transport Corporation, Bye Pass Road, Madurai District.

... 2nd Respondent/1st Respondent Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree made in M.C.O.P.No.368 of 2014, dated 09.03.2018 on the file of the Motor Accident Claims Tribunal / Special Sub Court, Madurai. For Appellant : Mr.P.Prabhakaran

J U D G M E N T

The Transport Corporation is on appeal aggrieved by the award of Rs.2,24,000/- for the injuries suffered by the claimant.

2. The only contention raised by the learned counsel for the Transport Corporation is that the Tribunal has awarded Rs.4,000/- per percentage of disability.

3. Even assuming that the said award could be said to be in excess by overall sum of Rs.8,000/-, considering the fact that the award under the heads of attendant charges and loss of income during treatment are low. I do not find that the overall award calls for interference in the hands of this Court. Hence, the Civil Miscellaneous Appeal is dismissed without being admitted. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RECORDS) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To The Motor Accident Claims Tribunal / Special Sub Judge, Madurai.

• 1 CC TO Mr.P.Prabhakaran, ADVOCATE IN SR No.96486. • • AKV • DS RSK SAR3 05 12 2018 2P 3C C.M.A.(MD).No.1089 of 2018 23.11.2018 https://hcservices.ecourts.gov.in/hcservices/