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Documents citing M.Bhagavathy vs Thiruvalluvar Transport Corporation on 2 March, 2005

Metropolitan Transport Corporation ... vs V.R.Gopal on 15 June, 2007

11. The facts about the injuries suffered by the Claimant, disability, the hardships/sufferings faced by the Claimant are not in dispute. The claimant sustained 85% of the disability is not disputed. The Tribunal awarded Rs.80,000/- for 85% disability. As held by the Division Bench of this Court in the decision reported in 2005 (5) CTC 745 (M.Bhagavathy v. Thiruvalluvar Transport Corporation Ltd) for the disability of 85%, the injured Claimant is entitled to get Rs.85,000/- as compensation.
Madras High Court Cites 12 - Cited by 2 - N N Vasanthakumar - Full Document

M.Nagip vs K.Manimegalai on 31 October, 2006

19. As far as the compensation awarded for the partial permanent disablement ascertained at 25% is concerned, though the learned counsel would contend that there cannot be a fixed formula of Rs.1,000/- per percentage for arriving at a compensation payable on that head, in this context, I wish to be guided by a Division Bench decision of this Court reported in 2005(5)CTC pg745 [Bhagavathy M. vs. Thiruvalluvar Transport Corporation Limited], wherein the Division Bench was considering the case where the injured sustained a disability which was ascertained at 60%, the compensation on that head came to be awarded only in a sum of Rs.60,000/-. The Division Bench has held that for 60% disability, as per the formula basis, the award should be Rs.60,000/- meaning thereby for every percentage of disability, the compensation should be calculated at a sum of Rs.1,000/-. Therefore, following the Division Bench decision, it will have to be held that for the permanent disability of 25% assessed by the Tribunal, the appellant is entitled for a sum of Rs.25,000/-.
Madras High Court Cites 9 - Cited by 0 - F M Kalifulla - Full Document

Tamilnadu State Transport Corporation ... vs V.Kumar on 29 January, 2007

21. The respondent/claimant would have experienced severe pain and suffering at the time of accident, during the period of treatment and post-operative period. Therefore, the award of Rs.10,000/- towards pain and suffering is reasonable. Considering the shock, mental pain and suffering experienced by the respondent/claimant due to the injuries sustained in the accident, a sum of Rs.7,500/- is awarded towards mental agony. The disability compensation of Rs.40,000/- as against 40% permanent disability assessed by the Doctor is also reasonable as per the judgment of this Court reported in 2005 (5) CTC 745 (M.Bhagavathy vs. Thiruvalluvar Transport Corporation).
Madras High Court Cites 8 - Cited by 4 - S Manikumar - Full Document

M. Bakthavatsalam vs The Commissioner on 30 September, 2008

Insofar as the enhancement of compensation is concerned, since the disability has been assessed at 75%, which has not been disputed, in view of the Division Bench decision of the Madurai Bench of this Court in Bhagavathy.M. - vs. - Thiruvalluvar Transport Corporation Limited reported in 2005(5) C.T.C. 745 for the disability assessed at 75%, the claimant is entitled to Rs.75,000/-. The Supreme Court in the decision reported in R.D. Hattangadi  Vs. - Pest Control India Pvt. Ltd., (1995 (1) SCC 551) held as follows:-
Madras High Court Cites 2 - Cited by 0 - R Sudhakar - Full Document

M/S. National Insurance Co. Ltd vs Minor Sundarrajan @ on 12 January, 2009

7. The Tribunal has not justified the grant of such a huge amount for the disability. There is no proper reason for the same. For the disability assessed at 40%, the sum of Rs.1,00,000/- granted by the Tribunal cannot be justified. Even in respect of medical expenses, no material evidence has been let in and therefore, the sum of Rs.1,50,000/- on both heads stands set aside. However, the claimant is entitled to reasonable compensation on the head of disability, medical expenses, attender charges, transport expenses and extra nourishment which he is rightfully entitled to. Keeping in mind, the injury suffered and the period of treatment taken by the injured claimant in his young age and the Division Bench decision of this Court in Bhagavathy.M. vs. Thiruvalluvar Transport Corporation Limited reported in 2005 (5) C.T.C. 745, the award of the Tribunal stands modified as follows:-
Madras High Court Cites 2 - Cited by 0 - R Sudhakar - Full Document

The Managing Director vs Zarina on 29 January, 2007

10. The respondent/claimant has deposed that she has paid a sum of Rs.13,100/- for the surgery and Ex.P27 is the Medical expenses certificate, marked to support the claim. Ex.P28 is the document to prove that the respondent/claimant has incurred Rs.7,450/- for another surgery. Exs.P29 and P30 are the series of Medical Bills to prove that the respondent/claimant incurred Rs.18,205/- for purchase of medicines. The Tribunal has awarded compensation of Rs.43,892.98 for medical expenses. The Tribunal on the basis of disability certificate awarded Rs.75,000/- as disability compensation. The disability compensation awarded is in confirmity with the decision of this Court reported in 2005 (5) CTC 745 (M.Bhagavathy vs. Thiruvalluvar Transport Corporation).
Madras High Court Cites 4 - Cited by 0 - S Manikumar - Full Document
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