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2010 DIGILAW 3881 (MAD)

The General Manager v. Ganesh Babu

2010-08-31

M.Y.EQBAL, T.S.SIVAGNANAM

body2010
Judgment : T.S. Sivagnanam, J. The appellant-Tamil Nadu State Transport Corporation has preferred this appeal against the judgment and award dated 10.12.2007 passed by the Subordinate Judge at Kancheepuram in M.C.O.P. No.525 of 2005, whereby he has awarded a sum of Rs.17,80,888/- for the injuries sustained by the claimant-respondent in a motor vehicle accident. It appears that while the claimant-respondent was riding a motorcycle, he was dashed by the bus belonging to the appellant-Corporation which was being driven by its driver in a rash and negligent manner. Because of the said accident, the claimant sustained crushed injuries on his right leg, which led to amputation of the right leg below knee. The claimant also sustained injuries on different parts of his limbs and body. The claimant, who is 45 years of age, made out a case that he was the owner of four lorries in the name and style of M/s. Ajantha Transport, Vellore and was earning Rs. 50,000/-per month. 2. The Motor Accidents Claims Tribunal, after considering the entire facts of the case, came to the conclusion that the loss of income of the deceased was Rs. 15,000/- per month and accordingly, a total sum of Rs. 17,80,888/- has been awarded as compensation. 3. The matter was heard at length and ultimately, both the counsels appearing for the parties agreed that a sum of Rs. 13,00,000/- would be a just and reasonable compensation. We, therefore, with the consent of the learned counsel appearing for both parties, fix the compensation payable to the respondent at Rs. 13,00,000/-, which in our view also is a just and reasonable compensation. This appeal is accordingly allowed in part and the compensation amount is reduced to Rs. 13,00,000/- (Rupees thirteen lakhs only). The said amount shall carry interest as awarded by the Tribunal. There shall be no order as to costs. Consequently, M.P. No.1 of 2008 is closed. 4. The appellant-Transport Corporation shall deposit the rest of the compensation amount together with interest within two months from today. On such deposit, the claimant-respondent shall be entitled to withdraw the same.