Madras High Court
Syed Akbar vs Ramalingam on 3 September, 2021
C.M.A.No.1441 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1441 of 2013
Syed Akbar ... Appellant
Vs
1.Ramalingam
2.Divisional Manager,
United India Insurance Co. Ltd.,
No.46, Katpadi Road,
Vellore ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Judgment and Decree dated 19.01.2011 and made
in MACTOP.No.766 of 2006 on the file of the Motor Accident Claims
Tribunal, Principal Subordinate Judge, Thiruvannamalai.
For Appellant : Ms.A.Subadra,
for Ms.M.Malar
For Respondent 2 : Ms.R.Rathna Thara
1/6
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C.M.A.No.1441 of 2013
JUDGMENT
This civil miscellaneous appeal has been filed by the claimant seeking
enhancement of compensation under the impugned award dated 19.01.2011
passed by the Motor Accident Claims Tribunal, (Principal Subordinate
Judge, Thiruvannamalai in MCOP.No.766 of 2006.
2. The Appellant/claimant unsatisfied with the quantum of
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement.
3. The details of the compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Award Amount
(Rs.)
Loss of income, Permanent 2,80,800/-
Disability, loss of earning capacity
permanently
Medical expenses 1,635/-
Transportation charges 2,000/-
Extra nourishment 2,000/-
Attender charges 2,000/-
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C.M.A.No.1441 of 2013
Heads Award Amount
(Rs.)
Loss of amenities 20,000/-
Pain and suffering 20,000/-
Total 3,28,435/-
4. This Court by its earlier order dated 28.02.2020, directed the
Appellant/claimant to appear before the Dean, Government Tiruvannamalai
Medical College Hospital, Tiruvannamalai on or before 31.03.2020 for
examination with regard to his disability as a result of the accident which
happened on 03.03.2006 and a copy of the said order was also
communicated to the Dean, Government Tiruvannamalai Medical College
Hospital, Tiruvannamalai by the Registry of this Court.
5. The Dean, Government Tiruvannamalai Medical College Hospital,
Tiruvannamalai has addressed a letter to the Registry of this Court stating
that as per the order of this Court dated 28.02.2020, the Appellant/claimant
has not appeared before him and asked the Appellant/claimant to appear
before him for re-examination on 10.03.2020. Despite the same, the
Appellant/claimant failed to appear before the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai on the said date.
6. Once again by order dated 15.06.2021, one more opportunity was
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C.M.A.No.1441 of 2013
also granted to the Appellant/claimant to appear before the Dean,
Government Tiruvannamalai Medical College Hospital, Tiruvannamalai on
or before 01.07.2021 for examination and directed the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai to examine the
Appellant/claimant regarding the disability with reference to functional
disability and submit the report on or before 30.07.2021 to this Court. Till
date, the Appellant/claimant has not appeared for examination.
7. The learned counsel for the second respondent Insurance Company
would submit that the Appellant is not entitled for any enhancement as he
has not suffered any permanent disability and that is the reason, he has not
appeared before the Medical Board for examination. According to her, the
compensation awarded by the Tribunal is already excessive and there is no
scope for any enhancement.
8. From the above, it is clear that the Appellant/claimant is not
interested in examining himself before the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai to enable him to
get enhancement of compensation. It can be inferred from the conduct of the
Appellant/claimant that he has not suffered any permanent disability and
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C.M.A.No.1441 of 2013
does not deserve any enhancement of compensation.
9. For the foregoing reasons, this Court does not finds any merit in
this appeal. Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. The second respondent Insurance Company is directed to deposit the
entire award amount after deducting the amount already deposited if any,
together with interest from the date of claim till the date of deposit and costs
to the credit of MCOP.No.766 of 2006 within a period of four weeks from
the date of receipt of a copy of this Judgment. On such deposit being made,
the Tribunal shall transfer the amount lying to the credit of MCOP.No.766
of 2006 to the bank account of the first respondent through RTGS within a
period of one week thereafter.
03.09.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
ABDUL QUDDHOSE, J.
nl
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1441 of 2013
To
1. The Principal Subordinate Judge, Thiruvannamalai
2.The Section Officer, V.R.Section, High Court of Madras.
C.M.A.No.1441 of 2013
03.09.2021
https://www.mhc.tn.gov.in/judis/
