Madras High Court
M.Viswanathan vs S.Jesuraj on 3 February, 2021
C.M.A.(MD) No.456 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A.(MD) No.456 of 2010
M.Viswanathan ... Appellant
-vs-
1.S.Jesuraj
2.The Manager
M/s.Oriental Insurance Co. Ltd.
Theni ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the Judgment and Decree, dated 20.09.2006
in M.C.O.P.No.3 of 2002, on the file of the Motor Accident Claims Tribunal-
cum-Sub Court, Ramanathapuram and to remit back for fresh consideration.
For Appellant : Mr.J.Lawrence
For Respondents : R1 – Dismissed
vide order dated 21.06.2017
Mr.K.Bhaskaran for R2
JUDGMENT
Heard the learned counsel on either side and perused the materials
available on record.
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C.M.A.(MD) No.456 of 2010
2. This civil miscellaneous appeal is filed by the claimant seeking
enhancement of compensation. The claim petition filed by the appellant was
dismissed by the Motor Accident Claims Tribunal, Sub Court,
Ramanathapuram.
3. M.C.O.P.No.3 of 2002 was filed by the appellant seeking
compensation of Rs.1,00,000/-. It seems that on 13.01.2001, the appellant
travelled in a Tractor bearing registration No.TN67 Z7322, met with an
accident and suffered injuries. He was treated as inpatient for 11 days from
13.01.2001 till 23.01.2001 in Madurai Rajaji Government Hospital.
4. The Tribunal dismissed the claim petition on the sole ground that
the accident did not take place in a public place. It is an admitted fact that
the driver, who drove the Tractor, succumbed to the injuries sustained in the
accident and the appellant also sustained injuries. Ex.P2 is the Wound
Certificate and Ex.P3 is the Outpatient Record. The evidence of the appellant,
who was examined as P.W.1, would show that he sustained injuries in the
accident and the accident took place in a bund of the field.
5. It is the practice in the villages permitting public to use the bund
for access. In the said background, the contention of Mr.K.Baskaran, learned
counsel for the second respondent – Insurance Company that the accident did
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C.M.A.(MD) No.456 of 2010
not take place in the public place cannot be countenanced. So, considering
the nature of injuries sustained by the claimant, this Court is inclined to
award a sum of Rs.25,000/- to the appellant - claimant along with interest at
the rate of 6% per annum from the date of claim petition till the date of
realization. The second respondent - Insurance Company is directed to
deposit the entire award amount with accrued interest and costs, within a
period of eight weeks from the date of receipt of a copy of this Judgment. On
such deposit, the appellant - claimant is permitted to withdraw the award
amount, together with interest and costs.
6. Accordingly, the civil miscellaneous appeal is allowed. No costs.
03.02.2021
Internet : Yes / No
Index : Yes / No
Note :
In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the Judgment may be utilized
for official purposes, but, ensuring
that the copy of the Judgment that is
presented is the correct copy, shall be
the responsibility of the advocate /
litigant concerned.
krk
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C.M.A.(MD) No.456 of 2010
K.KALYANASUNDARAM, J.
krk
To:
1.The Sub Judge,
Motor Accident Claims Tribunal,
Ramanathapuram.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD) No.456 of 2010
03.02.2021
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