Madras High Court
N.Velraj vs M.Vijay on 29 November, 2021
C.M.A.No.746 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
CORAM
THE HONOURNABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A. No.746 of 2021
and C.M.P.No.6767 of 2021
1. N.Velraj
2. V.Mani ...Appellants
Vs.
1. M.Vijay
2. O.Palaniammal
3. M/s United India Insurance Company Limited,
Ooty Main Road,
Mettupalayam
Having regional office at
HUB, 3rd Party Claim,
3rd Floor, No.361, Dr.Nanjappa Road,
Coimbatore
4. K.Lakshmi
S.Govindarajan ... Respondents
Civil Miscellaneous Appeal filed under Section 173(1) of the Motor
Vehicles Act seeking to modify the Decree and Judgment dated
1/6
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C.M.A.No.746 of 2021
30.01.2020 passed in M.C.O.P.No.1632 of 2016 on the file of Motor
Accident Claims Tribunal / learned 3rd Additional District and Sessions
Judge, Coimbatore.
For Appellants : Mr.K.Myilsamy
For Respondents : Mr.C.Paranthaman for R3
No Such person – R1
Not Known – R2
Notice Served – R4 – No appearance
JUDGMENT
(Judgment of the Court was made by K.KALYANASUNDARAM, J.,)
The appellants are the claimants in M.C.O.P.No.1632 of 2016 on
the file of the Motor Accident Claims Tribunal / III Additional District Court,
Coimbatore.
2. The case of the appellants is that on 24.06.2015, their son,
namely, Manoj Kumar met with an accident and died instantaneously. It is
the further case of the appellants that the deceased was 24 years old at the
relevant point of time and he was working at Singapore and earning 2,400
Dollars per month, equivalent to Rs.1,24,000/- . Though the appellants
have proved that the driver of the Mini Door Auto bearing registration
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C.M.A.No.746 of 2021
No.TN 40 X 3229 was responsible for the accident, however, they were not
able to produce any substantial material to establish that the deceased was
earning 2,400 Singapore Dollars. Hence the Tribunal had fixed the
notional income at Rs.15,000/- per month to determine the loss of
dependency.
3. The learned counsel appearing for the appellants would state
that the deceased was sending his salary every month to his father through
Western Union Global Network, Kerbau Road, Singapore 218017, those
documents could not be produced before the Tribunal. If those documents
are taken into account, the appellants will get more compensation.
4. Per contra, Mr.C.Paranthaman, learned counsel appearing for
the 3rd respondent would argue that the documents which were not
produced by the appellants before the Tribunal cannot be looked into for
the reason, that had the documents produced before the trial court, the
Insurance Company would have had an opportunity to cross-examine the
witness on the acceptability and genuineness of the documents. It is also
contended that the appellants have not filed any application to receive as
additional documents at the appellate stage.
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C.M.A.No.746 of 2021
5. We find force in the submissions of the learned counsel
appearing for the 3rd respondent. As rightly pointed out by the learned
counsel for the 3rd respondent, no application under Order 41 Rule 27 CPC
has been filed to receive these documents, as additional evidence. The
genuineness and acceptability of the documents can be decided only after
providing ample opportunity to the necessary parties.
6. In that view of the matter, we are of the considered opinion that
the matter has to be remanded back to the Tribunal to provide an
opportunity to the petitioner to file additional evidence in this case. While
confirming the finding on negligence, the order in M.C.O.P.No.1632 of
2016 is remanded back to the Motor Accident Claims Tribunal / III
Additional District Court, Coimbatore to decide the quantum.
7. Accordingly, the Civil Miscellaneous Appeal is disposed of.
The Motor Accident Claims Tribunal / learned III Additional District Judge,
Coimbatore shall permit the parties to adduce additional evidence and
dispose of the M.C.O.P.No.1632 of 2016 within a period of six months
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C.M.A.No.746 of 2021
from the date of receipt of copy of this order. Consequently, connected
miscellaneous petition is closed. No costs.
[M.K.K.S.,J. ] [V.S.G.,J.]
29.11.2021
Index : Yes / No
Internet : Yes/no
Speaking / Non speaking Judgment
ssd
https://www.mhc.tn.gov.in/judis
C.M.A.No.746 of 2021
K.KALYANASUNDARAM, J.,
and
V.SIVAGNANAM, J.,
ssd
C.M.A. No.746 of 2021
and C.M.P.No.6767 of 2021
29.11.2021
https://www.mhc.tn.gov.in/judis
