Madras High Court
M/S.Royal Sundaram vs Daniel Amalan on 20 April, 2021
C.M.A.No.2426 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.2426 of 2009
and M.P.No.1 of 2009
M/s.Royal Sundaram
Alliance Insurance
Co. Ltd., 46, Whites Road,
Chennai 14. ... Appellant
-vs-
1.Daniel Amalan
2.N.Raghunathan
3.M.Murali
4.Cholamandalam MS
General Insurance Company Limited,
Avnashi Road, Coimbatore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 31.03.2009
made in O.P.No.106 of 2004 on the file of the Motor Accident Claims
Tribunal (Ist Additional Subordinate Judge) at Coimbatore.
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2426 of 2009
For Appellant : Mrs.R.Sreevidhya
For Respondents : No Appearance
*********
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the Judgment
and Decree dated 31.03.2009 made in O.P.No.106 of 2004 on the file of the
Motor Accident Claims Tribunal (Ist Additional Subordinate Judge) at
Coimbatore.
2. For the sake of convenience, the parties are referred to hereunder
according to their litigative status before the Tribunal.
3. On the claim petition filed by the claimant the Tribunal awarded a
sum of Rs.1,21,893/- (Rupees One Lakh Twenty One Thousand Eight
Hundred and Ninety Three only) as compensation with the interest at the
rate of 7.5% from the date of the petition.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2426 of 2009
4. The learned counsel for the appellant / second respondent would
submit that the claim petition was filed on 19.11.2003. Thereafter, it was
dismissed for default on 22.11.2004 and it was restored only on 11.07.2007.
But the Tribunal failed to consider the lapses for more than 3 years on the
part of the claimant and awarded interest for the compensation at the rate of
7.5% from the date of petition. Though the appeal filed questioning the
quantum, only as against the interest portion alone the appeal may be
considered.
5. On perusal of the records revealed that the claim petition filed on
19.11.2003 for the accident took place on 17.09.2003. Due to the accident
the claimant sustained grievous injuries at his right hand bone fracture, head
injury and right leg knee and both hands fracture and injury and blood
injuries all over the body. Considering the same, the Tribunal awarded
compensation with interest at the rate of 7.5 % per annum.
6. The claim petition was dismissed for default on 22.11.2004 and
thereafter, it was restored only on 11.07.2007. Therefore, the claimant is
not entitled for interest for the interregnum period between 23.11.2004 to
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C.M.A.No.2426 of 2009
10.07.2007. Accordingly, the award passed by the Tribunal is confirmed
and the appellant / second respondent is permitted to withdraw the interest
alone for the period 23.11.2004 to 10.07.2007 by filing appropriate
application before the Tribunal.
7. In the result, this Civil Miscellaneous Appeal is partly allowed.
There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
20.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
rna
Note: Registry is directed to send back the entire records to the Court
below.
To
1.The Ist Additional Subordinate Judge,
Motor Accidents Claims Tribunal,
Coimbatore.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2426 of 2009
G.K.ILANTHIRAIYAN, J.
rna
C.M.A.No.2426 of 2009
and M.P.No.1 of 2009
20.04.2021
https://www.mhc.tn.gov.in/judis/
