Lawstreet Journal

Appeal For Enhancement Of Compensation To Rs. 41.6 Lacs Under Motor Vehicle Accident Case Allowed by Supreme Court

Lawstreet Journal 30 Jul 2020 11:43pm

Image courtesy: Lawstreet Journal Judiciary Appeal For Enhancement Of Compensation To Rs. 41.6 Lacs Under Motor Vehicle Accident Case Allowed by Supreme Court

On 27th July, The Supreme Court in the case of ErudhayaPriya vs. State Express Transport Corporation Ltd delivered judgment for enhancement of compensation to Rs. 41,69,831/- along with simple interest at the rate of 9% per annum.

The appeal was allowed by the Supreme Court bench comprising of Justice Sanjay Kishan Kaul, Justice Ajay Rastogi, and Justice Anirudh Bose.

Facts Of The Case

On 16th August 2011, the appellant Erudhaya Priya was traveling on a bus owned by respondent State Corporation from Chennai to Bangalore. At around 5:40 am the bus was moving on the Kolar Bangalore National Highway and suddenly it collapsed with a stationary lorry. Due to this collision, numerous passengers got injured including the appellant. The bus conductor died on the spot while the appellant was rushed to the hospital for further treatment. 

The appellant was admitted for 8 months as the injuries were grievous including fractures in the arms and legs and disability of 31.1% of the whole body. 

Appellant filed an FIR u/s “154 of CrPC, 1973” and also filed a claim petition before the Motor Accident Claim Tribunal (MACT), Madurai u/s “166 of the Motor Vehicle Act, 1988” r/w “Rule 3(1)” of the Tamil Nadu Motor Vehicle Accident Claims Tribunal Rules, 1989. Claiming a compensation of Rs. 1 crore for injuries sustained in the accident.

As both the parties led their evidence, the MACT on behalf of the documents and oral testimonies and other evidence including the charge sheet concluded that the bus driver was driving in a rash and negligent manner… Continue Reading...

Tagged: Motor Vehicle Act   Motor Accident Claims Tribunal  
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