Madras High Court
Suriakandhiammal vs Emimal Jabajothi on 1 April, 2021
C.M.A.No.191 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
C.M.A No.191 of 2011
and
M.P No.1 of 2011
Suriakandhiammal ... Appellant
..Vs..
1.Emimal Jabajothi
2.M.Abishek (minor)
3.Kalaivanan-Driver
Kumbakonam Depot
TNSTC
4. The Branch Manager
T.N.S.T. Corporation
Kumbakonam Depot.
5.Annadurai
6.The Divisional Manager
N.I.Co., Ltd.,
Shriram Site Offce
No.21, Prakasham Road
T.Nagar, Chennai-600 017. ... Respondents
Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and decree dated 01.06.2010 made in M.C.O.P.No.581 of
2006 on the file of the Principal District Judge, (Motor Accidents Claims
Tribunal), Vellore.
https://www.mhc.tn.gov.in/judis/
1/6
C.M.A.No.191 of 2011
For Appellant : Mr.S.P.Yuvaraj
For Respondents : Mr.V.Jeevagiridharan for R1 & R2
Mr.D.Venkatachalam for R4
Mr. J.Chandran for R6
JUDGMENT
The instant appeal has been filed by the appellant/5th respondent
seeking for enhancement of her share allotted by the Tribunal.
2. The respondents 1 & 2/claimants have filed a claim petition
before the Tribunal in MCOP No.581 of 2006 seeking compensation amount
for the death of the husband of the 1st respondent due to the accident that took
place on 10.06.2005. After elaborate discussions and considering the oral and
documentary evidence, the Tribunal has awarded a sum of Rs.5,67,0000/- to
the claimants/1st & 2nd respondents and the appellant/5th respondent and from
the said total amount, proportionate share has been allotted to the appellant and
the respondents 1 and 2.
3. The learned counsel for the appellant would submit that the
Tribunal has allotted a sum of Rs.67,000/- towards the proportionate share of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.191 of 2011
the appellant/5th respondent. Unsatisfied with the allotment of such share, the
instant appeal has been filed before this Court. The learned counsel for the
appellant would further submit that the appellant is the dependent on the
income of the deceased son. Therefore, he seeks an additional amount to be
allotted to the appellant.
4. The learned counsel for the the respondents 1 & 2 would
submit that the Tribunal has rightly alloted the share to the appellant as well as
the respondents 1 & 2. Therefore, except the share allotted by the Tribunal, the
appellant is not entitled for any additional share amount.
5. Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondents.
6. At the time of accident, the appellant was aged 70 yeas and at
present, she is 84 years and she need some support for her life time. Therefore,
proportionate share of Rs.67,000/- allotted to the appellant by the Tribunal is
not correct and she requires some more additional amount to maintain her day-
to-day affairs. In such circumstances, it is appropriate for this Court to give an
https://www.mhc.tn.gov.in/judis/
C.M.A.No.191 of 2011
additional amount to the appellant by enhancing a sum of Rs.1,00,000/- along
with interest at the rate of 7.5% per annum, as far as her share is concerned.
Insofar as the remaining amount of Rs.4,67,000/- is concerned, the 1 st
respondent/claimant is entitled to Rs.2,67,000/- and the 2nd respondent/minor
claimant is entitled to Rs.2,00,000/- along with interest at the rate of 7.5% per
annum. Therefore, in view of the above, the award passed by the Tribunal is
modified to the aforesaid extent.
7. In fine, the Civil Miscellaneous Appeal is partly allowed to the
aforesaid extent. No costs. On filing application by the appellant as well as
the respondents 1 & 2/claimants before the Tribunal for withdrawing the said
amount, the Tribunal shall consider and pass orders as early as possible in
accordance with law. Consequently, connected Miscellaneous Petition is
closed.
01.04.2021
(2/2)
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
uma
https://www.mhc.tn.gov.in/judis/
C.M.A.No.191 of 2011
To
1. The Principal District Judge,
(Motor Accidents Claims Tribunal), Vellore.
2. The Branch Manager
T.N.S.T. Corporation
Kumbakonam Depot.
3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.191 of 2011
D.KRISHNAKUMAR, J.
uma
C.M.A No.191 of 2011
and
M.P No.1 of 2011
01.04.2021
https://www.mhc.tn.gov.in/judis/
