Madras High Court
S.Ashok Kumar vs S.Iyadurai on 3 February, 2022
Rev.Appl.(MD)No.116 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.02.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
Rev.AplC.(MD)No.116 of 2021
S.Ashok Kumar ... Petitioner/Appellant
Vs.
1.S.Iyadurai
2.The Manager,
Royal Sundaram Alliance Insurance
Company Limited,
No.6, Sorendo Building 1st Street,
Latis Bridge Road, Adaar,
Chennai – 600 020.
(The 1st Respondent notice is not necessary,
notice is dispensed with) ... Respondent/Respondent
PRAYER : Review Application filed under Section 114 and Order 47
Rule 1 of Civil Procedure Code, to review the order passed in
C.M.A(MD)No.983 of 2018 on the file this Court, dated 08.06.2021 and
enhance the compensation in favour of the claimant.
For Petitioner : Mr.K.Kumaravel
For R1 : No Appearance
For R2 : Mr.S.Srinivasa Ragavan
https://www.mhc.tn.gov.in/judis
1 /6
Rev.Appl.(MD)No.116 of 2021
JUDGMENT
The petitioner filed this Review Application to review the order
passed in C.M.A(MD)No.983 of 2018 on the file of this Court, dated
08.06.2021 and enhance the compensation in favour of the claimant.
2. The short facts of the case is that on 17.01.2012 at about 20.00
hours the petitioner was travelling in Qualis Car bearing Registration
No.TN-57-H-4007 from Lakshmipuram to Vadamadurai, while one
Sathiskumar was driving the Car. When the Car nearing Thumanagundu
Pirivu at Vadamadurai Bye-Pass road, on Dindigul to Trichy NH45, the
driver of the Car suddenly turned and applied break to avoid to dash
against the pedestrian, who was suddenly crossed the road and thereby
the said Car was capsized on the middle of the road. Due to the accident,
the petitioner had sustained multiple injuries. The petitioner has filed
claim petition in M.C.O.P.No.81 of 2012 on the file of the Motor
Accidents Claims Tribunal/Sub Court, Periyakulam, seeking
compensation of Rs.5,00,000/- .
3.The Tribunal, upon consideration of oral and documentary
evidence, came to the conclusion that the driver of the Car was
https://www.mhc.tn.gov.in/judis
2 /6
Rev.Appl.(MD)No.116 of 2021
responsible for the accident and awarded Rs.52,500/- as compensation.
Though the petitioner sustained 40% of disability due to fracture in the
spinal card, the Tribunal not at all awarded any amount for disability.
Aggrieved over the orders passed by the Tribunal, the petitioner has filed
a Civil Miscellaneous Appeal in C.M.A(MD)No.983 of 2018 before this
Court. Even in the appeal also, the disability was not considered and the
compensation awarded by the Tribunal was confirmed. Therefore, the
petitioner has filed this review application.
4.Heard Mr.K.Kumaravel, learned counsel appearing for the
petitioner and Mr.S.Srinivasa Raghavan, learned counsel appearing for
the second respondent. No representation on behalf of the first
respondent.
5.The learned counsel for the petitioner contended that after the
accident, he has taken treatment in Rajarajeswari Hospital, Dindigul from
17.01.2012 to 18.01.2012 and he was referred to Jaganath Hospital,
Dindiul and was admitted as inpatient from 18.01.2012 to 19.01.2012
and then he was referred to Jawahar Hospital, Madurai and admitted as
inpatient from 20.01.2012 to 23.01.2012. He further submitted that the
petitioner sustained fracture in the spinal card and Doctor, who was
https://www.mhc.tn.gov.in/judis
3 /6
Rev.Appl.(MD)No.116 of 2021
examined as PW2 has assessed 40% disability and Scan Report was also
marked as Ex.P22.
6.A perusal of records would show that in this Court did not
consider the grounds set out in C.M.A(MD)No.983 of 2018. So it is an
error on the basis of the record. Since the petitioner has sustained 40%
disability and Scan Report (Ex.P22) was also marked to that effect, this
Court is inclined to give Rs.3,000/- for 1 % disability. Hence, loss of
income is arrived at Rs.3,000/- x 40% = Rs.1,20,000/- .
7. In the result,
(i) the Review Application is allowed.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.52,500/- to Rs.1,20,000/- with interest at the rate of 7.5% per annum.
(iii) The second respondent/Royal Sundaram Alliance Insurance
Company Limited, is directed to deposit the enhanced compensation
amount i.e., Rs.1,20,000/- less the amount already deposited, if any,
together with interest at the rate of 7.5% per annum from the date of
claim petition till the date of deposit to the credit of MCOP.No.81 of
2012 on the file of the Motor Accident Claims Tribunal, Periyakulam,
within a period of four weeks from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis
4 /6
Rev.Appl.(MD)No.116 of 2021
(iv) On such deposit being made, the petitioner is permitted to
withdraw the same after following due process of law. No Costs.
03.02.2022
Index :Yes/No
Internet:Yes/No
vsd
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/ Sub Court,
Periyakulam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
5 /6
Rev.Appl.(MD)No.116 of 2021
S.ANANTHI, J.
vsd
Rev.Appl.(MD)No.116 of 2021
03.02.2022
https://www.mhc.tn.gov.in/judis
6 /6
