w w w . L a w y e r S e r v i c e s . i n



The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Town & Munsiff v/s Indarpal @ Indhirabalu


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    C.M.A. No. 3259 of 2019 & C.M.P. No. 18728 of 2019

    Decided On, 13 August 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellant: D. Venkatachalam, Advocate. For the Respondent: D. Lakshmi Pathy, Advocate.



Judgment Text

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and decree dated 09.11.2018 made in M.C.O.P.No.120 of 2016 on the file of the Motor Accident Claims Tribunal, Sub Judge, Mannarkudi.)1. The Civil Miscellaneous Appeal is filed against the judgment and decree dated 09.11.2018 made in M.C.O.P.No.120 of 2016 on the file of Motor Accident Claims Tribunal, Sub Judge, Mannarkudi.2. The Tamil Nadu State Transport Corporation Limited, Kumbakonam, is the appellant and the learned counsel appearing on behalf of the appellant mainly contended that the Tribunal had erroneously fixed the disability as 24% without any proof. The Tribunal has not taken the whole body for the purpose of assessing the loss of earning capacity.3. At the outset, it is contended that in the absence of any proof, the Tribunal ought not to have taken the loss of earning capacity as 14% and it is on higher side and therefore, the award is liable to be set aside. This apart, the Tribunal has fixed a sum of Rs.6,000/- as monthly income of the deceased, which is also improper.4. The accident occurred on 30.11.2013 at about 07.45 hrs., at Keezhanalanallur near Pallivasal. Mannargudi Taluk Police registered a case in Crime No.277/2013 under Sections 279, 337 of I.P.C.5. The claimant sustained injuries of fracture hip, fracture left Ilium, Abrasion all over the body.6. The Claim Petition was filed, seeking compensation and the Tribunal adjudicated the issues with reference to the documents and evidences produced by the respective parties. The Tribunal arrived a conclusion that the accident occurred on account of the negligence committed by the Driver of the Transport Corporation Bus as he was driving the bus in a rash and negligent manner. Therefore, the claimant is entitled for compensation. As far as the quantum of compensation is concerned, the Tribunal fixed 14% disability and accordingly, calculated the loss of income. In view of the fact that the claimant sustained hip injury and he was doing a Popcorn business in a bicycle, certainly, the injury would affect the normal life and he will not be in a position to run his business in a normal manner.7. Thus, this Court is of the considered opinion that there is no excessiveness in fixing the disability as 14% as well as the fixation of monthly income, which is undoubtedly reasonable. For Pain and Suffering, a sum of Rs.35,000/- is granted and for Transport expenses and nourishment, a sum of Rs.10,000/- is granted.8. Under these circumstances, this Court do not find any error or grant of exorbitant compensation by the Motor Accident Claims Tribunal and in fact, the compensation is just and proper and therefore, this Court is not inclined to interfere with the quantum of compensation awarded by the Tribunal.9. Thus, the judgment and decree dated 09.11.2018 passed in M.C.O.P.No.120 of 2018 stands confirmed and consequently, the Civil Miscellaneous Appeal in C.M.A.No.3259 of 2019 is dismissed. No costs.10. The appellant / Tamil Nadu State Transport Corporation is directed to deposit the entire award amount with accrued interest, within a peri

Please Login To View The Full Judgment!

od of twelve weeks from the date of receipt of a copy of this judgment, if not already deposited and on such deposit, the respondent/claimant is permitted to withdraw the entire award amount with accrued interest by filing an appropriate application and the payments are to be made through RTGS.11. No costs. Connected miscellaneous petition is closed.
O R