Madras High Court
Jayabal vs S.Vijayalakshmi on 1 February, 2021
C.M.A.No.2678 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.2678 of 2019
Jayabal
S/o.Mathiazhagan ... Appellant
vs
1.S.Vijayalakshmi
W/o.Sambandham
(Since R1 remained ex parte before the Tribunal,
his presence may be dispensed with)
2.Reliance General Insurance Co. Ltd.,
Plot No.6, 6th Floor,
Haddows Road,
Nungambakkam,
Chennai – 600034. ... Respondents
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 24.07.2018 passed in
M.A.C.T.O.P.No.1765 of 2017 on the file of Motor Accident Claims Tribunal, III
Court of Small Causes, Chennai.
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2678 of 2019
For Appellant : Ms.A.Subadra
For Respondents : Ex parte [R1]
Mr.S.Arun Kumar [R2]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video Conference.
2. Not being satisfied with the quantum of compensation awarded by the
Tribunal in and by its judgment and decree dated 24.07.2018 passed in
M.A.C.T.O.P.No.1765 of 2017 on the file of Motor Accident Claims Tribunal, III
Court of Small Causes, Chennai, appellant/claimant has filed the present appeal.
3. Appellant/claimant had suffered grievous injuries in a road accident that
occurred on 07.03.2017. Appellant/claimant filed a claim petition before the
Tribunal seeking compensation in a sum of Rs.50,00,000/- for the injuries
sustained by him. Since there was no representation on behalf of respondents, they
were set ex parte before the Tribunal. On appreciation of materials and evidence,
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2678 of 2019
the Tribunal found that the accident had occurred due to the rash and negligent
driving of the Car of the first respondent and hence, the respondents are liable to
pay compensation. The Tribunal had awarded a sum of Rs.1,29,800/- as
compensation. Not being satisfied with the quantum of compensation awarded by
the Tribunal in and by the said ex parte award, the present appeal has been filed by
appellant/claimant for enhancement of the compensation.
4. Today, when the matter is taken up for hearing, learned counsel for
second respondent insurance company submits that they have filed an application
in C.M.P.Sr.Nos.86199 to 86204 of 2019 before the Tribunal seeking to set aside
the ex parte award and the same is still pending. Learned counsel further submits
that even on the earlier occasion, this Court passed an interim order dated
20.12.2019 directing the Tribunal to dispose of the applications within a period of
four weeks.
5. The interim order dated 20.12.2019 passed by this Court reads as follows:
'When the matter is taken up for hearing, learned counsel
appearing for the second respondent/insurance company submitted
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2678 of 2019
that applications have been filed seeking to set aside the exparte
order in CMP SR Nos.86199 to 86204 of 2019 in M.C.O.P.No.1765
of 2017 on the file of the III Court of Small Causes, Chennai.
2. In such view of the matter, Registry is directed to send back
the records, if received, to the aforesaid Court at the earliest. If the
records are available with the Tribunal, then the applications will
have to be numbered and disposed of within a period of four weeks
from the date of receipt of a copy of this order. If the records are
received subsequently, as per our order, the Tribunal will have to
dispose of the applications within a period of four weeks from the
date of receipt of records.
Post the appeal after eight weeks.'
6. In the aforestated circumstance, this Court directs the Motor Accident
Claims Tribunal, III Court of Small Causes, Chennai, to dispose of
C.M.P.Sr.Nos.86199 to 86204 of 2019 within a period of four weeks from the date
of receipt of this order and in the event of allowing the applications, the Tribunal
shall dispose of the main claim petition within a period of three months from the
date of allowing the applications.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2678 of 2019
The Civil Miscellaneous Appeal is disposed of with the above direction. No
costs.
[R.P.S., J] [S.S.K., J]
01.02.2021
Speaking / Non-speaking order
Index: Yes/No
Internet: Yes
gm
To
The Motor Accident Claims Tribunal,
III Court of Small Causes,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2678 of 2019
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.2678 of 2019
01.02.2021
https://www.mhc.tn.gov.in/judis/
