MANAGING DIRECTOR, BMTC Vs. M. SUNDARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the respondent/Transport Corporation under Section 173 of the Motor Vehicles Act, 1988 against the order/award passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Madurai, in M.C.O.P. No. 2295 of 2017, dated 06.03.2019.

(2.) The respondent herein has filed M.C.O.P. No. 2295 of 2017 under Sections 140 and 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 1,00,00,000/- for the injuries sustained by him in a road traffic accident. The learned Tribunal, by the order/award dated 06.03.2019 has partly allowed the said claim petition, directing the appellant herein/Transport Corporation to pay a sum of Rs. 26,70,870/- with interest at the rate of 7.5% interest from date of petition till the date of realization excluding the period during which the claim petition was dismissed for default (i.e. from 20.08.2018 to 03.12.2018) and also directed to pay the costs. Aggrieved by the same, the respondent/transport Corporation has filed the present Civil Miscellaneous Appeal.

(3.) For the sake of convenience, the parties are referred to as described before the Tribunal.