Madras High Court

G.Suresh Babu vs A.Mary Rani on 10 February, 2021

                                                            CMA.Nos.674 to 680 and 682 to 685

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 10.02.2021

                                                   CORAM:

                                  THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR

                                            C.M.A.Nos.674 to 680
                                                      &
                                              682 to 685 of 2009
                                                     and
                                            CMP.No.17177 of 2017

                     G.Suresh Babu                      ... Appellant in
                     CMA.No.674/2009

                     S.Mohan Raj(minor)
                     Rep.by his father and next friend
                     G.Suresh Babu                     ... Appellant in
                     CMA.No.675/2009

                     V.Dinesh Babu (Minor)
                     Rep.by his father and next friend
                     K.Vasu                            ... Appellant in
                     CMA.No.676/2009

                     V.Shobana (Minor)
                     Rep.by his father and next friend
                     K.Vasu                            ... Appellant in
                     CMA.No.677/2009

                     1/12



https://www.mhc.tn.gov.in/judis
                                                             CMA.Nos.674 to 680 and 682 to 685



                     K.Vasu                           ... Appellant in
                     CMA.No.678/2009

                     V.Lalitha                        ... Appellant in
                     CMA.No.679/2009

                     S.Neelavathi                     ... Appellant in
                     CMA.No.680/2009

                     G.Mohan Raj                      ... Appellant in
                     CMA.No.682/2009

                     R.Santhi                         ... Appellant in
                     CMA.No.683/2009

                     R.Suriya Narayanan (Minor)
                     Rep.by his mother and next friend
                     R.Santhi                        ... Appellants in
                     CMA.No.684/2009

                     G.Kantha                         ... Appellant in
                     CMA.No.685/2009


                                                    ..Vs..

                     1.A.Mary Rani

                     2.The Oriental Insurance Co.Ltd.,
                       United India Building

                     2/12



https://www.mhc.tn.gov.in/judis
                                                            CMA.Nos.674 to 680 and 682 to 685

                      Esplanade, Chennai.                    ... Respondents in all

CMAs

COMMON PRAYER: Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the common judgment and decree in M.C.O.P.Nos.2590, 2702, 2591, 2659, 2720, 2646, 2687, 2644, 2745, 2769 and 2750 of 2004 respectively, dated 29.04.2008 on the file of the II Judge, Small Causes Court, (Motor Accidents Claims Tribunal), Chennai and praying to set aside the same.

                                  For Appellants in
                                  all CMAs            : Mr.K.A.Ravindran
                                  For Respondents
                                  in all CMAs         : R1- Notice unserved
                                                        Mr.A.Arunkumar for R2

                                         COMMON JUDGMENT

These Civil Miscellaneous Petitions have filed against

the common judgment and decree in M.C.O.P.Nos.2590, 2702,

2591, 2659, 2720, 2646, 2687, 2644, 2745, 2769 and 2750 of 2004

respectively, dated 29.04.2008 on the file of the II Judge, Small

Causes Court, (Motor Accidents Claims Tribunal), Chennai.

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

2. It is the case of the claimants that on 25.01.2004 at

about 3.30 pm the claimants were travelling as passengers in a Van

bearing Reg.No.TN-07-M-3472, which was insured with the 2nd

respondent-Insurance Company, on Trichy-Chennai Road. The

driver drove the Van in a rash and negligent manner and dashed on

the back side of the Standing Bus bearing Reg.No.TN-32-N-1365,

thus, causing grievous injuries to all the claimants and one Ravi

sustained fatal injuries. The Tribunal granted various amounts as

compensation to each of the claimants and seeking enhancement of

the respective amounts, the present appeals have been filed seeking

a sum of Rs.2,00,000/- as compensation.

3. The learned counsel for the second respondent

Insurance Company submitted that there is no negligence on the

part of the driver of the Van. The accident occurred only due to the

driver of the Bus belonging to the Tamil Nadu State Corporation,

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

who had stopped the Bus suddenly without giving any signal.

Hence, the Van slightly hit on the backside of the bus. Since the

driver of the Tamil Nadu State Corporation Bus alone was

responsible for the accident, the claimants are entitled to claim

compensation only against them. He further submitted that the

driver of the first respondent had no valid driving licence, which

amounts to violation of policy condition. Hence, the Insurance

Company is not liable to pay compensation.

4. In order to prove the claim, the claimants examined

themselves as PW1 to PW4, PW6 to PW8 and the Doctors who

examined the claimants were examined as PW9 to PW12 and 50

documents were marked as Exs.P1 to P50. Court Summon was

marked as Ex.C1. On the side of the Insurance Company neither

any oral evidence was adduced nor documents were marked.

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

5. The Tribunal after analysing the entire evidence

came to the conclusion that the accident was solely due to the rash

and negligent act of the driver of the first respondent's Van and

awarded compensation. The Tribunal further directed the

respondent Insurance Company to pay the compensation amount to

the claimants.

6. Now, it is the submission of the learned counsel for

the appellants / claimants that the Tribunal has awarded only a very

meager amount to the claimants without considering the grievous

sustained by the them and the amount they spent on treatment.

Hence, the appellants have preferred the present appeals before this

Court.

7. It is the further submission of the learned counsel for

the appellants that the accident occurred on 25.01.2004 and after

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

nearly four years, the Tribunal passed a common order on

29.04.2008. But still, the appellants could not get any

compensation.

8. The learned counsel for the second respondent/

Insurance Company submitted on perusal of the award passed by

the Tribunal, it is clear that the Judge of Court of Small Causes has

passed the order only after considering the nature of injury of the

claimants, medical certificates and the evidences. Hence, there is

no need to increase the compensation now and he strongly objected

for any enhancement compensation.

9. But after elaborate discussion, he fairly submitted

that reasonable amount can be fixed by the Court as one time

settlement and to that extent the learned counsel for the appellants

also accepted.

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

10. Considering the rival submissions of the parties and

perusing the materials on record, this Court deems it fit to fix a

reasonable compensation amounts by enhancing the award amounts

passed by the Tribunal.

11. Accordingly, taking into consideration the fact that

the MCOPs are of the year 2004, this Court is of the view that these

appeals could be disposed of by awarding consolidated amount of

Rs.15,000/- is awarded over and above the respective amounts

granted by the Tribunal to each of the appellants/claimants

including interest in the respective appeals.

12. The amount awarded by the Tribunal in each case

and the compensation enhanced by this Court in the respective

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

appeals are tabulated below:

                        Sl.        M.C.O.P.Nos.   C.M.A.Nos.    Amount      Amount        Present
                        Nos                                    awarded by enhanced by compensation
                                                                  the      this Court  to be paid to
                                                                Tribunal              the claimants
                        1.        MCOP.No.2590/ CMA.No.674 Rs.24,000/- Rs.15,000/-     Rs.39,000/-
                                  2004          /2009
                        2.        MCOP.No.2702/ CMA.No.675 Rs.21,500/- Rs.15,000/-     Rs.36,500/-
                                  2004          /2009
                        3.        MCOP.No.2591/ CMA.No.676 Rs.21,500/- Rs.15,000/-     Rs.36,500/-
                                  2004          /2009
                        4.        MCOP.No.2659/ CMA.No.677 Rs.21,500/- Rs.15,000/-     Rs.36,500/-
                                  2004          /2009
                        5.        MCOP.No.2720/ CMA.No.678 Rs.37,000/- Rs.15,000/-     Rs.52,000/-
                                  2004          /2009
                        6.        MCOP.No.2646/ CMA.No.679 Rs.26,500/- Rs.15,000/-     Rs.41,500/-
                                  2004          /2009
                        7.        MCOP.No.2687/ CMA.No.680 Rs.21,500/- Rs.15,000/-     Rs.36,500/-
                                  2004          /2009
                        8.        MCOP.No.2644/ CMA.No.682 Rs.34,000/- Rs.15,000/-     Rs.49,000/-
                                  2004          /2009
                        9.        MCOP.No.2745/ CMA.No.683 Rs.26,500/- Rs.15,000/-     Rs.41,500/-
                                  2004          /2009
                        10. MCOP.No.2769/ CMA.No.684 Rs.21,500/- Rs.15,000/-           Rs.36,500/-
                                  2004            /2009
                        11. MCOP.No.2750/ CMA.No.685 Rs.26,500/- Rs.15,000/-           Rs.41,500/-
                                  2004            /2009

13. Thus, the Civil Miscellaneous Appeals are partly

allowed by enhancing the compensation amounts awarded by the

https://www.mhc.tn.gov.in/judis CMA.Nos.674 to 680 and 682 to 685

Tribunal, as indicated above, including interest. The second

respondent/ Insurance Company is directed to deposit the respective

award amounts as determined above, less the amounts if any

already deposited, within a period of eight weeks from the date of

receipt of a copy of this judgment. On such deposit being made, the

claimants are permitted to withdraw their respective award

amounts, less the amount if any already withdrawn by filing

necessary application before the Tribunal. The appellants/claimants

are directed to pay necessary Court fee, if any, on the enhanced