Madras High Court
R.Thiyagarajan vs Anbalagan on 19 July, 2021
C.M.A.(MD)No.432 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.432 of 2013
R.Thiyagarajan .. Appellant
Vs.
1.Anbalagan
2.Chandramohan
3.The Oriental Insurance Co. Ltd.,
rep. By its Branch Manager,
Kumbakonam. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated 28.03.2003 made in
M.C.O.P.No.43 of 2003, on the file of the Motor Accident Claims Tribunal
(Additional District and Sessions Judge cum Chief Judicial Magistrate), Thanjavur at
Kumbakonam.
For Appellant : Mr.A.Thiruvadikumar
For 1st Respondent : Died vide order dated 26.06.2018
For 2nd Respondent : No Appearance
For 3rd Respondent : Mr.C.Jawahar Ravindran
ORDER
This Civil Miscellaneous Appeal has been filed against the judgment and
decree passed in M.C.O.P.No.43 of 2003 dated 28.03.2003 on the file of the Motor
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C.M.A.(MD)No.432 of 2013
Accident Claims Tribunal (Additional District and Sessions Judge cum Chief
Judicial Magistrate), Thanjavur at Kumbakonam.
2.The appellant herein is the claimant and the respondents herein are the
respondents in the claim petition. The appellant herein has filed a claim petition in
M.C.O.P.No.43 of 2003, claiming compensation for the injuries sustained by the
claimant, in an accident that took place on 02.07.2000. The Tribunal has awarded a
sum of Rs.45,000/- (Rupees Forty Five Thousand only) as compensation. Against
which, the appellant has filed the present appeal.
3.A brief substance of the claim petition in M.C.O.P.No.43 of 2003 is as
follows:
On 02.07.2000, the claimant was riding his motorcycle bearing registration
No.TN-49-W-9130. At that time, another motorcycle bearing registration No.TN-49-
O-0950 was driving by its driver in a rash and negligent manner and dashed against
the claimant and caused him injuries. The claimant was admitted in Vijay Hospital
and then he was admitted in Government hospital in Kumbakonam and took
treatment as 'in patient' for three days and then the claimant was admitted in S.N.S.
Hospital as 'in patient' and took treatment for nine days. He undergone surgery and
ST rod was implanted. The claimant was working as the labour and was earning Rs.
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C.M.A.(MD)No.432 of 2013
3,000/- per month. After the accident, the claimant is not able to do his work in a
proper manner and he filed this petition for compensation of Rs.2,50,000/- (Rupees
Two Lakhs and Fifty Thousand only).
4.The brief substance of the counter filed by the third respondent herein is
as follows:
The claimant has to prove his age, income, profession, mode of accident
and treatment particulars. The claimant is not having valid driving licence. The third
respondent is not a necessary parties. There was no insurance policy and prayed the
petition to be dismissed.
5.On the side of the claimant, three witnesses were examined and 18
documents were marked. On the side respondents in the claim petition, no witness
was examined and no document was marked. After considering both the sides, the
Tribunal awarded a sum of Rs.45,000/- (Rupees Forty Five Thousand only) as
compensation. Against which, the appellant has preferred this appeal.
6.On the side of the appellant, it is stated that without considering the
gravity of injury, the Tribunal has awarded Rs.5,000/- (Rupees Five Thousand only)
as compensation for pain and suffering and the same has to be enhanced. The
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C.M.A.(MD)No.432 of 2013
Tribunal has to consider the period of treatment and ought to have awarded
compensation towards extra nourishment and attender charges. There is lesser
movement on the right knee. There is no permanent disability. The Tribunal failed to
consider these things. The Tribunal has awarded a sum of Rs.16,000/- (Rupees
Sixteen Thousand only) for disability and the same has to be enhanced. The Tribunal
failed to consider the future medical expenses and failed to award Rs.23,000/-
(Rupees Twenty Three Thousand only) as personal medical expenses and prayed the
award to be set aside.
7.On the side of the respondents, it is stated that there is no valid policy.
The owner failed to produce any copy of the policy. The Tribunal fixed the liability
on the first respondent, who is the owner of the vehicle and prayed the appeal to be
dismissed.
8.A perusal of the records reveals that the case against the first respondent
was dismissed for default by this Court on 26.06.2018. The appellant has not taken
any steps to restore against the first respondent. If the appeal against the first
respondent is dismissed, there is no necessity for the third respondent to indemnify
the first respondent. The copy of the policy was not filed and the third respondent is
not way responsible for payment of compensation. Since the case against the first
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C.M.A.(MD)No.432 of 2013
respondent was already dismissed by this Court, nothing survives for adjudication in
this appeal.
9.In the above circumstances, this Civil Miscellaneous Appeal is dismissed
and the award passed in in M.C.O.P.No.43 of 2003 dated 28.03.2003 on the file of
the Motor Accident Claims Tribunal (Additional District and Sessions Judge cum
Chief Judicial Magistrate), Thanjavur at Kumbakonam is confirmed. The appellant is
entitled to a sum of Rs.45,000/- (Rupees Forty Five Thousand only) as compensation
with interest at the rate of 7.5% from the date of the claim petition till the date of
realization.
10.The appellant is directed to deposit the above said amount if not
deposited earlier, within a period of 8 weeks from the date of receipt of copy of this
order. On such deposit, the claimant is permitted to withdraw the award amount 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
first respondent. No Costs.
19.07.2021
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.432 of 2013
R. THARANI, J.
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 Accident Claims Tribunal,
(Additional District and Sessions Judge cum Chief Judicial Magistrate),
Thanjavur at Kumbakonam.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD)No.432 of 2013
19.07.2021
https://www.mhc.tn.gov.in/judis/
