V.Vijayajarengan vs M.Venkatesh
2021 Latest Caselaw 3308 Mad

                                                                    C.M.A(MD) No.1314 of 2010


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 10.02.2021

                                                      CORAM:

                          THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                             C.M.A(MD)No.1314 of 2010

                      V.Vijayajarengan                           ... Appellant/Petitioner

                                                         -vs-

                      1.M.Venkatesh                              ... Respondent/1st Respondent

                      2.M/s.Oriental Insurance Co.,
                        Through its Branch Manager,
                        No.2, Kheny Building,
                        No.3-1st Floor, 1st Cross,
                        Gandhi Nagar, P.B.No.9555,
                        Bangalore-580 009.                       ... Respondent/2nd Respondent

                      (1st respondent remained ex-parte in Tribunal. Hence
                      notice given up)
                      PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of Motor
                      Vehicle Act, 1998, against the award the Judgment and decree dated
                      27.03.2010 made in M.C.O.P.No.30 of 2009 on the file of the Motor
                      Accident Claims Tribunal (Sub-Court), Kovilpatti.
                               For Appellant       : Mr.C.Sankarganesh
                               For R2              : Mr.K.Bhaskaran
                               For R1              : Ex-parte vide in EB



                      1/6

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                                                                       C.M.A(MD) No.1314 of 2010


                                                       JUDGMENT

This appeal has been filed by the claimant seeking enhancement

of compensation.

2.M.C.O.P.No.30 of 2009 was filed by the appellant seeking

compensation of Rs.1,10,000/-. According to the claimant/appellant, on

01.06.2016, at about 3.45 p.m., when he along with his son viz., Giritharan

were standing nearby their building, a lorry bearing Registration

No.KA-53-4026 owned by the first respondent and insured with the second

respondent driven by its driver, in a rash and negligent manner and hit

against the iron advertising board and also run into the building, after

demolishing the store room. In this regard, a criminal case in Crime No.72

of 2008 was registered against the driver of the lorry.

3.The claim petition was opposed by the Insurance Company by

filing a counter, wherein, they have disputed the right of the appellant to

claim damages. It is further stated that the report of the Surveyor is false and

the claim is highly excessive.

http://www.judis.nic.in C.M.A(MD) No.1314 of 2010

4.The Tribunal, after analysing the evidence adduced by the

parties, awarded Rs.41,000/- with interest at the rate of 7.5% p.a.

5.Heard, Mr.C.Sankar Prakash, learned counsel appearing for the

appellant and Mr.K.Bhaskaran, learned counsel appearing for the second

respondent and perused the materials available on record.

6.The claimant, in order to substantiate his case, has examined

two witness and produced Surveyor's Report Ex.P.5. R.W.1, has stated in his

evidence that there is no proper intimation for damage to the properties. In

para No.7, the Tribunal has held that, Ex.P.5 is only the Assessment Report,

but the claimant has not produced any material to show that the actual

amount spent for rectifying the said damages. It is not disputed that on

01.06.2006, the lorry owned by the first respondent had caused damage to

the compound wall and other properties of the appellant, which is evident

from Ex.P.6.

http://www.judis.nic.in C.M.A(MD) No.1314 of 2010

7.After going through the evidence available on record, this Court

is of the opinion that it would be appropriate to enhance to Rs.60,000/- with

interest at the rate of 6% p.a., from the date of claim petition till the date of

realization. Accordingly, the award is modified and the appeal is partly

allowed. No costs.

8.The second respondent/Insurance Company is directed to

deposit the modified award amount together with accrued interest and costs,

less the amount already deposited if any, within a period of eight weeks

from the date of receipt of a copy of this judgment. On such deposit being

made, the claimant is permitted to withdraw the award amount so deposited

with accrued interest and costs, less the amount already withdrawn, if any,

by filing a formal petition before the Tribunal.

                                                                                             12.02.2021

                      Index    : Yes / No
                      Internet : Yes / No
                      Ns






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                                                              C.M.A(MD) No.1314 of 2010




                      To:

1.The Motor Accident Claims Tribunal (Sub-Court), Kovilpatti.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in C.M.A(MD) No.1314 of 2010

K.KALYANASUNDARAM, J.

Ns

ORDER MADE IN C.M.A(MD)No.1314 of 2010

12.02.2021

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