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2020 Supreme(Mad) 638

S.M.SUBRAMANIAM
Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd. – Appellant
Versus
K. Mahendiran – Respondent


Advocates:
Advocate Appeared:
For the Appellants : D. Gopal, D. Raghu.
For the Respondent: S.P. Yuvaraj.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 28.03.2019 passed in M.C.O.P. No. 7 of 2018 on the file of the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Uthangarai.

1. The appellant-Tamil Nadu State Transport Corporation (Salem) Limited has preferred the present Civil Miscellaneous Appeal against the judgment and decree dated 28.03.2019 passed by the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Uthangarai in M.C.O.P. No. 7 of 2018.

2. The learned counsel appearing on behalf of the appellant-State Transport Corporation mainly contended that the compensation awarded by the Motor Accidents Claims Tribunal is highly excessive and exorbitant and therefore, it is to be set aside.

3. In a case of injury, compensation of Rs. 2,16,000/- was awarded. The injured person is the driver and the income of the injured is Rs. 8,000/- per month. However, the claimant has not produced any proof to show that he was earning a monthly income of Rs. 8,000/-.

4. The Tribunal has failed to consider the fact that the injured person has driven the

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