High Court of Judicature at Madras
S. MANIKUMAR, J.
The Managing Director, Metropolitan Transport Corporation Ltd., Chennai.
Versus
Ramarao
C.M.A.No. 1097 of 2013 & M.P.No. 1 of 2013
Decided On : 25-03-2013
1. Being aggrieved by the finding, regarding negligence and the quantum of compensation of Rs.1,00,000/-, awarded to a 73 years old man, who sustained a grievous injury in the right leg, which resulted in amputation below knee, Metropolitan Transport Corporation, Chennai, has preferred this appeal, with a delay of 992 days in representation. Delay in representation is condoned. Registry is directed to number the appeal. Considering the passage of time, the appeal itself is taken up the hearing and disposed of, at the admission stage itself.
2. At the time, when the matter came up for hearing, taking note of a recent decision in Govind Yadav v. New India Assurance Company Ltd., reported in 2012 ACJ 28 (SC), wherein, the Supreme Court has awarded a compensation of Rs.1,00,000/- under the head, pain and suffering, to a person, whose leg has been amputated and considering the similarity in the facts and circumstances of the case, Mr. S.S.Swaminathan, learned counsel for the appellant-Transport Corporation, was directed to explain, as to how, a decision is being taken by the Transport Corporation to file appeals, arising out of the awards passed by Claims Tribunal.
3. In response to the same, he submitted that sometimes, when legal opinion is offered by the panel lawyers, giving a categorical opinion that the appeal need not be preferred on the finding, regarding the finding recorded by Tribunals, on negligence or quantum of compensation, the Inter Departmental, Motor Accident Claims Committee (in short called as "MCOP Committee") would take a different view and consequently, an appeal would be filed or when the MCOP Committee, accepts the opinion of the panel counsel, the matter would be placed before the next Committee, called as Finance Committee and as per the opinion of the said Committee, appropriate action would be taken by the respective Transport Corporation. In the case on hand, he submitted that he had not offered any opinion. In the light of the submissions, this Court directed the Managing Director of the appellant-Transport Corporation, Chennai, to appear and explain the process involved, in filing of an appeal and as to how a decision is taken by the Corporation before filing an appeal. In the mean time, in the interest of the Corporation, to avoid further interest on the quantum of compensation, awarded by the Tribunal, the Transport Corporation was directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of M.C.O.P.No.713 of 2007, on the file of the Motor Accident Claims Tribunal cum Fast Track Court II, Poonamallee.
4. The Managing Director of the Transport Corporation has appeared in person and explained the process involved in filing the appeal.
5. On the basis of the materials, Mr. S.S.Swaminathan, Learned Counsel for the appellant-Transport Corporation submitted that if an award is passed against the Corporation, legal opinion is sought for from the local counsel, who handled the case. If required, a further opinion would be obtained from the panel counsel in High Court, Madras. Thereafter, the matter would be placed before the MCOP Committee or in other words, the appeal committee, with the details of the accident, finding on negligence, injuries, extent of disablement assessed by the Doctor, result of the claim, along with the quantum of compensation.
6. Thereafter, the matter would be placed before the Finance Committee, which includes the Managing Director of the concerned Transport Corporation, who is a party to the claim petition and other members of the Committee. As per the procedure, the Finance Committee would consider the proposals of MCOP Committee, regarding the accident claims, examine the awards passed by the Motor Accident Claims Tribunal or by the High Court, as the case may be. If the Finance Committee decides to file an appeal, appropriate steps would be taken to prefer an appeal and thereafter, the cause papers would be entrusted to
Jai Prakash v. National Insurance Company Ltd.
General Insurance Council v. State of A.P. [2007 (12) SCC 354]
In Gurdial Singh Fijji v. State of Punjab reported in (1979) 2 SCC 368
M/s. Steel Authority of India Ltd., v. STO
Govind Yadav v. New India Assurance Company Ltd.
Union Carbide Corporation v. Union of India - 1991 (4) SCC 584
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