Madras High Court
Devi Perachi vs Shanmugavel on 22 October, 2021
C.M.A(MD)No.1012 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.10.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.A(MD) No.1012 of 2013
and
C.M.P.(MD)No.6683 of 2021
Devi Perachi ... Appellant
Vs.
1.Shanmugavel
2.The Branch Manager,
Royal Sundaram Alliance Insurance Co. Ltd.,
No.46, Whites Road, Chennai.
3.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Bye Pass Road, Madurai. ...Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act,1988, against the judgment and decree made in M.C.O.P.No.165
of 2010, on the file of the Motor Accident Claims Tribunal – Principal Sub
Court, Tirunelveli, dated 29.07.2012.
For Appellant : Mr.T.Selvakumaran
R1 : Ex-parte
For R2 : Mr.S.Srinivasa Raghavan
For R3 : Mr.P.Prabhakaran
***
1/8
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1012 of 2013
JUDGMENT
This Civil Miscellaneous Appeal is filed against the award, dated
29.07.2012, made in M.C.O.P.No.165 of 2010, on the file of the Motor
Accident Claims Tribunal – Principal Sub Court, Tirunelveli.
2.The appellant herein is the claimant and the respondents herein are
the respondents in the original claim petition. A common order was passed in
M.C.O.P.Nos.165 of 2010, 166 of 2010 and 168 of 2010, since all the claims
arise out of the same accident.
3.Brief substance of the petition, in M.C.O.P.No.165 of 2010 is
as follows:
On 03.09.2009, at about 02.00 O' clock, when the petitioner and
others were travelling in a bus bearing Registration No.TN-58-N-0705 along
the Gangaikondan – Tirunelveli Road, at that time, the first respondent's lorry
bearing Registration No.TN-72-R-1874, came in a rash and negligent manner
and without any indication suddenly turned the vehicle and dashed against the
Bus. The petitioner and others sustained injuries. The petitioner claimed a sum
of Rs.10,00,000/- as compensation.
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C.M.A(MD)No.1012 of 2013
4. Brief substance of the counter of the first respondent, in
M.C.O.P.No.165 of 2010, is as follows:
The age, profession, and income of the petitioner and the manner of
the accident are all denied. Only the bus driver was responsible for the
accident. The lorry was insured with the second respondent and the first
respondent is not liable to pay any compensation.
5. Brief substance of the counter of the second respondent, in
M.C.O.P.No.165 of 2010, is as follows:
The lorry was not permitted to be driven on the occurrence area.
Policy conditions are violated. The permit for the lorry was not produced for
verification before the M.V.I inspection. The accident was not intimated to the
second respondent by the first respondent. The first respondent lorry driver
drove the vehicle in a cautious manner. It was the bus driver, who was
negligent and dashed against the back side of the lorry.
6.Brief substance of the counter of the third respondent, in
M.C.O.P.No.165 of 2010, is as follows:
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C.M.A(MD)No.1012 of 2013
The petitioner has to prove the injuries, mode of treatment through
necessary documents. The third respondent driver is not responsible for the
accident. The negligent is only on the part of the first respondent. The third
respondent is only a formal party. The claim is excessive.
7. A common trial was conducted in all the three cases. On the side
of the petitioner, four witnesses were examined and twenty four documents
were marked. On the side of the second respondent, two witnesses were
examined and one document was marked. No document was marked on the
side of the third respondent.
8. After considering both sides, the Tribunal, has awarded a sum of
Rs.1,50,000/- as compensation. Against the same, the claimant / appellant has
approached this Court, for enhancement of compensation.
9. On the side of the appellant, it is stated that the appellant wants to
file certain documents to prove claim. It is stated that the Insurance Company
also filed an appeal against the very same award, regarding the liability.
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C.M.A(MD)No.1012 of 2013
10.On the side of the respondents, it is stated that the appellant want
to mark documents regarding the profession and regarding the income and if an
opportunity was given to the appellant to mark the document, it will be a
prejudice to the respondents and the respondents will be deprived of cross
examining the witnesses and to disprove the said documents.
11. It is seen that the appellant wants to mark the pay slip and an
identity card, to prove that the complainant was working as an Assistant
Executive Engineer in Tamil Nadu Generation and Distribution Corporation
Limited and to mark the Pay Certificate and to prove that the appellant was
moved to Selection Grade and that to fix the loss of income, these documents
are necessary.
12. An opportunity for the claimant to prove his case is to be given in
the interest of justice. At the same time, an opportunity for the respondents to
disprove the documents has to be given.
13. Hence, this Civil Miscellaneous Appeal is allowed and the award,
dated 29.07.2012, made in M.C.O.P.No.165 of 2010, on the file of the Motor
Accident Claims Tribunal – Principal Sub Court, Tirunelveli, is hereby set aside
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C.M.A(MD)No.1012 of 2013
and the matter is remanded back to the Tribunal for fresh consideration. The
Tribunal is directed to give equal opportunity for both sides to examine
additional witnesses or to re-examine the already examined witnesses and to
mark documents and to cross examine the witnesses. The Tribunal is directed
to dispose of the claim petition within a period of three months from the date of
receipt of a copy of this judgment. No costs. Consequently, connected
Miscellaneous Petition is closed.
22.10.2021
Index : Yes/ No
Internet : Yes/No
Ls
To
1. The Motor Accident Claims Tribunal –
Principal Sub Court,
Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1012 of 2013
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1012 of 2013
R.THARANI.,J.
Ls
Judgment made in
C.M.A(MD) No.1012 of 2013
22.10.2021
https://www.mhc.tn.gov.in/judis
