Madras High Court
United India Insurance Company ... vs N.Vellai Ammal : R1/Claimant on 16 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
C.M.A(MD)No.616 of 2015
and
MP(MD)No.1 of 2015
United India Insurance Company Limited,
through its Branch Manager,
Karaikudi. : Appellant/2nd Respondent
Vs.
1.N.Vellai Ammal : R1/Claimant
2.M/s.Sri Vairavan Roadways
Represented by its Proprietor,
Having its Office at 89,
South Avani Moola Street,
Madurai. : R2/1st Respondent
3.Tamil Nadu State Transport Corporation Ltd.,
Represented through its Managing Director,
Madurai Division-I,
Bye-Pass Road,
Madurai. : 3rd Respondent/R3
PRAYER: Civil Miscellaneous Appeal has been filed under
Section 173 of Motor Vehicles Act against the award, dated
09.11.2004 made in MCOP No.662 of 1999 on the file of Motor
Accident Claims Tribunal (Additional District and Sessions
Judge/Fast Track Court No.II), Madurai.
https://www.mhc.tn.gov.in/judis/
2
For Appellant : Mr.P.Jaganathan
For 1st Respondent : No appearance
For 2nd Respondent : Dismissed, vide order,
Dated 27.06.2018
For 3rd Respondent : Mr.P.Prabhakaran
JUDGMENT
Challenge made in this appeal is to the award, dated
09.11.2004 made in MCOP No.662 of 1999 on the file of Motor
Accident Claims Tribunal (Additional District and Sessions
Judge/Fast Track Court No.II), Madurai.
2.The brief facts of the case are that on 02.11.1998 at about
9.40 am on Madurai-Melur Road in front of TVS Berg Company, the
claimant was travelling from Kalla to Madurai in Vairavan
Passenger Bus TN-59-8889 and at that time, the Transport
Corporation Bus TN-59-N-0737 was coming from Madurai to Melur.
At that time, the driver of the Vairavan Passenger Bus came in a
rash and negligent manner and dashed against the Transport
Corporation bus. Due to the accident, seventy passengers sustained
multiple injuries including the claimant herein. The claimant was
admitted in the Government Rajaji Hospital, Madurai and she was
treated as inpatient from 02.11.1998 to 16.11.1998. The claimant,
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sought compensation of Rs.2,00,000/- for the injuries sustained in
the accident.
3.The claim was opposed by the Appellant Insurance
Company as well as the Transport Corporation disputing the
manner of accident and their liability to pay compensation.
4.The Tribunal, upon consideration of oral and documentary
evidence, came to the conclusion that the driver of the Vairavan
Passenger Bus was responsible for the accident and awarded
compensation of Rs.46,500/- together with interest @ 9% p.a and
dismissed the claim petition in respect of the 3rd respondent
Transport Corporation.
5.Heard both sides and perused the materials available on
record.
6.The appellant restricts its challenge only to quantum and
the finding of the Tribunal in other respects is accepted by the
appellant. On the other hand, the learned counsel for the 3rd
respondent submitted that the findings of the tribunal is based on
the evidence and hence, it has to be confirmed.
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7.PW11 is the injured as well as the one of the eye witnesses
to the accident. A criminal case was registered against the drivers
of both the vehicles. Ex.P1 FIR stands registered based on the
complaint given by PW1. PW11 has given evidence stating that she
sustained multiple facture in the alleged accident. Ex.P52 is the
disability. Ex.P54 is the X-ray.
8.It is seen that PW12/Dr.Shanmugam has deposed that the
claimant had sustained 40% partial permanent disability and he
issued the disability certificate for the same. Based on the
evidence, the tribunal has awarded Rs.40,000/- for disability.
Further, the tribunal awarded Rs.1,200/- towards nutrition; Rs.
300/- towards damages to clothes; Rs.5,000/- towards pain and
suffering. In total, the tribunal has awarded Rs.46,500/- together
with interest @ 9.% p.a. In the considered view of this court, the
award is fair and reasonable and therefore, it is confirmed.
9.In fine, the Civil Miscellaneous Appeal is dismissed and the
award of the Tribunal is confirmed. The appellant Insurance
Company is directed to deposit the entire amount with accrued
interest and costs within a period of eight weeks from the date of
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receipt of a copy of this order, if not deposited already. On such
deposit, the claimant is permitted to withdraw the entire amount
without filing any formal application before the Tribunal. No costs.
Consequently, connected Miscellaneous Petition is closed.
16.02.2021
Index : Yes/No
Internet: Yes/No
er
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
To,
1.The Motor Accident Claims Tribunal/
Additional District and Sessions Court,
Fast Track Court No.2, Madurai.
2.The Record Keeper,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
CMA(MD)No.616 of 2015
16.02.2021
https://www.mhc.tn.gov.in/judis/
