Madras High Court
Ellamma vs Mohideen on 27 April, 2021
C.M.A.Nos.1001 to 1004 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.Nos.1001 to 1004 of 2012
CMA.No.1001 of 2012
Ellamma ... Appellant
Versus
1.Mohideen
2.New India Assurance Co.Ltd.,
rep. by its Manager, Branch Office,
Bye pass Road, Hosur,
Dharmapuri District ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the decree and judgment dated 31.03.2006 made in
M.C.O.P.No.69 of 2001 on the file of the Motor Accidents Claims Tribunal,
Sub Court, Hosur insofar as the disallowed portion of Rs.1,79,000/-
(Restricted to Rs.65,000/- in this appeal) alone.
CMA.No.1002 of 2012
Maramma ... Appellant
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1001 to 1004 of 2012
Versus
1.Mohideen
2.New India Assurance Co.Ltd.,
rep. by its Manager, Branch Office,
Bye pass Road, Hosur,
Dharmapuri District ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the decree and judgment dated 31.03.2006 made in
M.C.O.P.No.71 of 2001 on the file of the Motor Accidents Claims Tribunal,
Sub Court, Hosur insofar as the disallowed portion of Rs.87,000/- alone.
CMA.No.1003 of 2012
P.Ramakka ... Appellant
Versus
1.Mohideen
2.New India Assurance Co.Ltd.,
rep. by its Manager, Branch Office,
Bye pass Road, Hosur,
Dharmapuri District ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the decree and judgment dated 31.03.2006 made in
M.C.O.P.No.72 of 2001 on the file of the Motor Accidents Claims Tribunal,
Sub Court, Hosur insofar as the disallowed portion of Rs.1,79,000/- alone.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1001 to 1004 of 2012
CMA.No.1004 of 2012
Chinnamma ... Appellant
Versus
1.Mohideen
2.New India Assurance Co.Ltd.,
rep. by its Manager, Branch Office,
Bye pass Road, Hosur,
Dharmapuri District ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the decree and judgment dated 31.03.2006 made in
M.C.O.P.No.73 of 2001 on the file of the Motor Accidents Claims Tribunal,
Sub Court, Hosur insofar as the disallowed portion of Rs.1,35,000/- alone.
For Appellant
in all CMA's : Mr.V.Kumaravelan
For Respondents
in all CMA's
For R2 : Mrs.C.Sangamithirai
R1 : Exparte
COMMON J U D G M E N T
These appeals have been laid as against the judgment and decree
dated 31.03.2006 made in M.C.O.P.Nos.69, 71 to 73 of 2001 on the file of
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C.M.A.Nos.1001 to 1004 of 2012
the Motor Accidents Claims Tribunal, Sub Court, Hosur.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. Heard Mr.V.Kumaravelan, learned counsel appearing for the
appellants / claimants and Mrs.C.Sangamithirai, learned counsel appearing
for the second respondent herein.
4. It is seen that all the claimants traveled as cooli in the lorry
owned by the first respondent and its driver drove in a rash and negligent
manner and the accident took place. Due to the said accident, all the
claimants were thrown out of the lorry and sustained grievous injuries. The
Tribunal awarded compensation to be payable by the first respondent for the
reason that the policy does not cover unauthorised passengers. Admittedly,
all the claimants traveled in the goods vehicle. The policy issued by the
second respondent does not cover unauthorised passengers traveled in a
goods vehicle. Therefore, the Tribunal rightly awarded compensation as
against the first respondent i.e. the owner of the vehicle. As such this Court
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C.M.A.Nos.1001 to 1004 of 2012
finds no infirmity or illegality in the orders passed by the court below.
Accordingly, all the appeals are dismissed insofar as liability is concerned.
5. Insofar as quantum of compensation is concerned, for the
claimant in CMA.No.1001 of 2012, the Tribunal awarded a sum of
Rs.71,000/- as compensation. The claimant sustained following injuries:
(i) A contusion of 3 cm dia seen over the left eye
(ii) 3 tooth fell down (lower side)
(iii) Right fore arm fracture
(iv) Pain over left side of the head
(v) Injury over Ribs on both side and multiple injuries all over the
body
(vi) Multiple and grievous injuries all over the body
5.1 The doctor assessed the disability at 30% as permanent
disability. The Tribunal failed to award compensation for a sum of
Rs.2,000/- per percentage for her disability. Therefore, this Court is inclined
to award a sum of Rs.60,000/- towards permanent disablement and
Rs.10,000/- towards extra nourishment, transport and medical expenditure.
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C.M.A.Nos.1001 to 1004 of 2012
Accordingly the compensation awarded by the Tribunal in MCOP.No.69 of
2001 stands modified as under :-
Sl. Head Amount awarded by Amount awarded
No. the Tribunal by this Court
1 Permanent disability Rs.30,000/- Rs.60,000/-
2 Pain and suffering Rs.35,000/- Rs.35,000/-
3 Loss of income Rs.3,000/- Rs.3,000/-
4 Extra nourishment, Rs.3,000/- Rs.10,000/-
transport and medical
expenditure
Total Rs.71,000/- Rs.1,08,000/-
6. Insofar as quantum of compensation is concerned, for the
claimant in CMA.No.1002 of 2012, the Tribunal awarded a sum of
Rs.73,000/- as compensation. The claimant sustained following injuries:
(i) Lacerated injury of 3 x ½ cm muscle deep see over the middle of
the vertex bleeding
(ii) C/o.Pai over the Rt.side of the Chest and Rt Side of the abdomen
(iii) C/o.Pain over the limber region
6.1 The doctor assessed the disability at 30% as permanent
disability. The Tribunal failed to award compensation for a sum of
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C.M.A.Nos.1001 to 1004 of 2012
Rs.2,000/- per percentage for permanent disability. Therefore, this Court is
inclined to award a sum of Rs.60,000/- towards permanent disablement.
Accordingly the compensation awarded by the Tribunal in MCOP.No.71 of
2001 stands modified as under :-
Sl. Head Amount awarded by Amount awarded
No. the Tribunal by this Court
1 Permanent disability Rs.30,000/- Rs.60,000/-
2 Pain and suffering Rs.35,000/- Rs.35,000/-
3 Loss of income Rs.3,000/- Rs.3,000/-
4 Extra nourishment, Rs.5,000/- Rs.10,000/-
transport and medical
expenditure
Total Rs.73,000/- Rs.1,08,000/-
7. Insofar as quantum of compensation is concerned, for the
claimant in CMA.No.1003 of 2012, the Tribunal awarded a sum of
Rs.71,000/- as compensation. The claimant sustained following injuries:
(i) Lacerated injury over the middle of vertex
(ii) Fracture of L4 vertebral bone
(iii) Injury min the Right side of the chest and right side of the
abdomen
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C.M.A.Nos.1001 to 1004 of 2012
(iv) Injury in lumbar region
7.1 Due to injuries sustained by her, she had taken treatment in
various hospitals. Finally she was admitted in Victoria Hospital, Bangalore,
where she had taken treatment as inpatient for 43 days. The doctor assessed
the disability at 40% as permanent disability. Accordingly the compensation
awarded by the Tribunal in MCOP.No.72 of 2001 stands modified as
under :-
Sl. Head Amount awarded by Amount awarded
No. the Tribunal by this Court
1 Permanent disability Rs.35,000/- Rs.80,000/-
2 Pain and suffering Rs.25,000/- Rs.50,000/-
3 Loss of income Rs.5,000/- Rs.5,000/-
4 Medical expenditure Rs.1,300/- Rs.1,300/-
5 Extra nourishment and Rs.4,700/- Rs.10,000/-
transportation
Total Rs.71,000/- Rs.1,46,300/-
8. Insofar as quantum of compensation is concerned, for the
claimant in CMA.No.1004 of 2012, the Tribunal awarded a sum of
Rs.65,000/- as compensation. The claimant sustained following injuries:
(i) A contusion of 2 cm dia seen over the 1/3 of left clavicle.
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C.M.A.Nos.1001 to 1004 of 2012
Fracture of middle 1/3 clavicle
(ii) An abrasion of ½ x ½ cm seen over the left elbow joint
(iii) C/o.pain over the lower 1/3rd of RT Fore Arm
(iv) Fracture on left side rib
8.1 The doctor assessed the disability at 25% as permanent
disability. The Tribunal failed to award compensation for a sum of
Rs.2,000/- per percentage for her disability. Therefore, this Court is inclined
to award a sum of Rs.50,000/- towards permanent disablement. Accordingly
the compensation awarded by the Tribunal in MCOP.No.73 of 2001 stands
modified as under :-
Sl. Head Amount awarded by Amount awarded
No. the Tribunal by this Court
1 Permanent disability Rs.35,000/- Rs.50,000/-
2 Pain and suffering Rs.25,000/- Rs.25,000/-
3 Loss of income Rs.3,000/- Rs.5,000/-
4 Extra nourishment, Rs.2,000/- Rs.10,000/-
transportation
Total Rs.65,000/- Rs.90,000/-
9. In the result the Civil Miscellaneous Appeals are partly allowed
as follows:-
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C.M.A.Nos.1001 to 1004 of 2012
(i) The award passed by the Tribunal are modified from Rs.71,000/-
to Rs.1,08,000/- in MCOP.No.69 of 2001, Rs.73,000/- to Rs.1,08,000/- in
MCOP.No.71 of 2001, Rs.71,000/- to Rs.1,46,300/- in MCOP.No.72 and
Rs.65,000/- to Rs.90,000/- in MCOP.No.73 of 2001.
(ii) The award amount will carry the interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit.
(iii) The first respondent herein is directed to deposit the award
amount, less the amount, if any, already deposited, along with accrued
interest within a period of six weeks from the date of receipt of copy of this
Judgment.
(iv) On such deposit, the appellants / claimants are permitted to
withdraw the amount awarded as above by filing proper application before
the Tribunal.
(v) The appellants/claimants are not entitled to any interest for the
condoned delay (default) period, if any.
(vi) The appellants / claimants shall pay requisite Court fee before
the receipt of the copy of the judgment for the enhanced compensation.
(vii) There shall be no order as to costs.
27.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
lok
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C.M.A.Nos.1001 to 1004 of 2012
To
1.The Subordinate Judge,
Motor Accidents Claims Tribunal,
Hosur
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1001 to 1004 of 2012
G.K.ILANTHIRAIYAN, J.
lok
C.M.A.Nos.1001 to 1004 of 2012
27.04.2021
https://www.mhc.tn.gov.in/judis/
