United India Insurance Co.Ltd vs Ashok Kumar
2021 Latest Caselaw 10659 Mad

                                                                               C.M.A.No.874 of 2012

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 26.04.2021

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                C.M.A.No.874 of 2012 and
                                                    MP.No.1 of 2012

                     United India Insurance Co.Ltd.,
                     Sankari                                                   ... Appellant

                                                           Versus

                     1.Ashok Kumar
                     2.P.Loganathan                                            ... Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the award and decree dated 27.02.2004 made in
                     M.C.O.P.No.717 of 2001 on the file of the learned Motor Accidents Claims
                     Tribunal, Principal Subordinate Judge, Salem.


                                           For Appellant     : M/s.N.Rosi Naidu

                                           For Respondents
                                                 For R1    : Mr.C.Anbu
                                                             for Mr.R.Thangavel

                                                 R2          : Notice served



                     Page 1 of 6


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                                                                                  C.M.A.No.874 of 2012


                                                       JUDGMENT

This appeal has been laid as against the award and decree dated

27.02.2004 made in M.C.O.P.No.717 of 2001 on the file of the learned

Motor Accidents Claims Tribunal, Principal Subordinate Judge, Salem.,

thereby awarded the compensation to the tune of Rs.3,34,820/-.

2. For the sake of convenience, the parties are referred to

hereunder according to their litigative status before the Tribunal.

3. Heard, M/s.N.Rosi Naidu, the learned counsel for the appellant

and Mr.C.Anbu, the learned counsel for the first respondent.

4. The learned counsel for the appellant raised the only ground

that the claimant produced wound certificates which are marked as Ex.P3,

P15 and P16. The claimant also failed to prove that the bus he travelled

whether belongs to the first respondent or some other bus, which was

insured with the second respondent. Therefore, he has sustained injuries by

another bus as envisaged in Ex.P3 and subsequently fabricated another

https://www.mhc.tn.gov.in/judis/ C.M.A.No.874 of 2012

wound certificate which is marked as Ex.P15 and he made false claim. She

also submitted that the assessment assessed by the PW2 and PW3 at 25%.

5. On perusal of the wound certificate and disability certificate,

the claimant sustained only partial disability and as such the Tribunal

awarded compensation payable by the respondents. On perusal of Ex.P3,

P15 and P16 revealed that Ex.P3 is nothing but typed version of Ex.P16.

When the claimant was travelling in a bus belong to the first respondent, on

23.04.2001 due to rash and negligent driving of the bus belongs to the first

respondent, the claimant was thrown out from the bus and as such he fell

down. Due to which he sustained fracture and also head injury. Due to the

injury, his disability was assessed at 25% and accordingly compensation

was awarded at Rs.3,34,820/-. FIR was registered on 23.04.2001 as against

the driver of the first respondent which is marked as Ex.A1. Therefore, the

claimant proved the accident and also the bus belongs to the first respondent

insured with the second respondent. Therefore, the Tribunal rightly awarded

compensation payable by the respondents jointly and severally and this

Court finds no infirmity or illegality in the order passed by the court below.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.874 of 2012

6. Accordingly, this civil miscellaneous appeal is dismissed.

Consequently, connected Miscellaneous Petition is closed. No Costs. The

second respondent herein and the appellant/Insurance Company are directed

to deposit the total compensation of Rs.3,34,820/- with accrued interest and

costs as determined at by the Tribunal jointly and severally, within a period

of six weeks from the date of receipt of a copy of this judgment, after

adjusting the amount, if any, already deposited. On such deposit, the first

respondent herein / claimant is permitted to withdraw in accordance with

law, less the amount if any already withdrawn by them.

26.04.2021 Index:Yes/No Internet: Yes/no Speaking/Non-speaking Order

lok

https://www.mhc.tn.gov.in/judis/ C.M.A.No.874 of 2012

To

1. The Principal Subordinate Judge, Motor Accidents Claims Tribunal,, Salem.

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.874 of 2012

G.K.ILANTHIRAIYAN, J.

lok

C.M.A.No.874 of 2012

26.04.2021

https://www.mhc.tn.gov.in/judis/