Madras High Court
P.Kanniyappan vs K.M.Palanisamy on 8 July, 2021
C.M.A.(MD)No.906 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 08.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.906 of 2013
P.Kanniyappan ..Appellant
Vs.
1.K.M.Palanisamy
2.The New India Assurance Company Limited,
66-C, North Car Street,
Tiruchengode. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to enhance the award of compensation dated 20.06.2006 made in
M.C.O.P.No.116 of 2005 on the file of the Motor Accident Claims Tribunal/Chief
Judicial Magistrate Court), Karur.
For Appellant : Mr.K.Govindarajan
For 2nd Respondent : Mr.P.Malini
For 1st Respondent : No Appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award passed
in M.C.O.P.No.116 of 2005 dated 20.06.2006, on the file of the Motor Accidents
Claims Tribunal/Chief Judicial Magistrate Court, Karur.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.906 of 2013
2.The appellant herein is the petitioner and the respondents herein are the
respondents in the claim petition. The appellant has filed a claim petition in
M.C.O.P.No.116 of 2005, claiming compensation for the injuries sustained by the
petitioner, in an accident that took place on 06.12.2004. The Tribunal has awarded a
sum of Rs.9,500/- (Rupees Nine Thousand and Five Hundred only) as compensation.
Against which, the appellant has preferred this appeal.
3.A brief substance of the claim petition in M.C.O.P.No.116 of 2005 is as
follows:
On 06.12.2004, at about 02.00 p.m., when the claimant was riding his
bicycle along the left edge of the Karur - Trichy road, a bus bearing registration
No.TN-47-H-0775 was driven by its driver in a rash and negligent manner and
dashed against the claimant from back side and caused him injuries. The claimant
was working as a building mason, earning a sum of Rs.3,000/- per month and prayed
a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation.
4.The brief substance of the counter filed by the second respondent therein
is as follows:
The claimant has to prove that the bus driver was having valid driving
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.906 of 2013
licence. The medical expenses, age, income, occupation of the claimant are all
denied. The accident took place, only due to the negligence of the claimant. There is
no disability of the claimant.
5.On the side of the petitioner, 2 witnesses were examined and eight
documents were marked and on the side of the respondents, two witnesses were
examined and two documents were marked. After trial, the Tribunal has awarded a
sum of Rs.9,500/- (Rupees Nine Thousand and Five Hundred only) as compensation
to be paid by the respondents. Against which, the appellant has preferred this Civil
Miscellaneous Appeal.
6.On the side of the appellant, it is stated that the Tribunal is wrong in
rejecting the medical bills, Ex.P6 to Ex.P8. The Tribunal has failed to consider that
the claimant took treatment as 'inpatient' for nine days. The Tribunal failed to
consider the evidence of P.W.2, Doctor.
7.On the side of the respondents, it is stated that the claimant had sustained
only simple injuries. There is no necessity to take treatment for nine days as
'inpatient'. There was no loss of income.
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C.M.A.(MD)No.906 of 2013
8.The Tribunal has considered Ex.P6 to Ex.P8 and a sum of Rs.11,684/-
was awarded as compensation for medical expenses. For pain and suffering and for
partial loss of income, a sum of Rs.8,316/- is awarded. Totally, the claimant is
entitled for a sum of Rs.20,000/- as compensation.
9.A perusal of the records reveals that considering the date of accident I.e.,
on 06.12.2004, the rate of interest is to be imposed from the date of appeal and not
from the date of accident. The Tribunal has awarded interest at 7.5% from the date of
filing of the petition. Hence, it is decided that the respondents are liable to pay
interest at the rate of 7% for a sum of Rs.9,500/- (Rupees Nine Thousand and Five
Hundred only) from the date of filing of the petition. The respondents have to pay
interest at the rate of 7.5% for a sum of Rs.11,500/- from the date of appeal till the
date of realization.
10.In the result, this Civil Miscellenaous Appeal is partly allowed. The
claimants are entitled to a sum of Rs.20,000/- (Rupees Twenty Thousand only) as
compensation with interest at the rate of 7.5% for a sum of Rs.9,500/- from the date
of petition and with interest at the rate of 7.5% for a sum of Rs.11,500/- from the
date of the appeal till the date of realization. The amount if not deposited earlier, has
to be deposited within a period of 8 weeks from the date of receipt of copy of this
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C.M.A.(MD)No.906 of 2013
order. On such deposit, the claimant is permitted to withdraw the award amount with
proportionate interest after deducting any amount received by him earlier without
filing any formal petition before the Tribunal. Excess amount, if any deposited shall
be refunded to the respondents. The claimant is not entitled for interest for the
default period, if there is any. No Costs.
08.07.2021
Index : Yes/No
Internet : Yes/No
MRN
Note : In view of the present lock down owing to COVID – 19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate,
Karur.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.906 of 2013
R. THARANI, J.
MRN
C.M.A.(MD)No.906 of 2013
08.07.2021
https://www.mhc.tn.gov.in/judis/
