Madras High Court
Palpandi vs Rajendran on 6 January, 2022
C.M.A(MD)No.525 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A(MD)No.525 of 2021
Chitra (died)
(Cause title accepted vide Court order, dated
27.04.202 made in C.M.P.(MD)No.4004 of 2021
in CMA(MD)SR.No.22217 of 2021 by KMSJ)
1.Palpandi
2.Minor Parkavi Pandian ... Appellants/Petitioners
(Minor represented by her father and natural
guardian Palpandi, 1st Appellant herein)
Vs.
1.Rajendran
2.Chola M/s.General Insurance Company Limited,
Represented by its Branch Manager,
Door No.2, 2nd Floor, Dare House,
NSC Bose Road,
Chennai. ... Respondents/Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to call for the records relating to the judgment
and decree, dated 25.09.2020 made in M.C.O.P.No.13 of 2018 on the file
of the Motor Accidents Claims Tribunal/Sub Court, Aruppukottai and to
set aside the same.
https://www.mhc.tn.gov.in/judis
1/7
C.M.A(MD)No.525 of 2021
For Appellants :Mr.V.Sasikumar
For R1 :Mr.S.Ramasamy
For R2 :Ms.K.R.Shivashankari
For R3 – R4 :No Appearance
JUDGMENT
The appellants filed this appeal to set aside the judgment and
decree, dated 25.09.2020 made in M.C.O.P.No.13 of 2018 on the file of
the Motor Accidents Claims Tribunal/Sub Court, Aruppukottai.
2.On 17.07.2017 at about 9.10 a.m. one Kaleesh, who drove a
TATA ACE water tank lorry bearing Registration No.TN-67-BC-0407 at
Choolakarai Village in a rash and negligent manner and dashed against
the Minor Balakarthick. As a result of which, the deceased sustained
grievous injuries and admitted in the Government Hospital,
Virudhunagar and thereafter, he was admitted in the Velammal Private
Hospital, Madurai as inpatient from 17.07.2017 to 24.07.2017 for further
treatment. But due to succumbed, he died in the hospital.
3.The claimants filed MCOP.No.13 of 2018 before the Motor
Accidents Claims Tribunal/Sub Court, Aruppukottai, claiming
compensation of a sum of Rs.15,00,000/- for the death of the deceased.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.525 of 2021
4.Before the Tribunal, on the side of the claimants two witnesses
were examined as P.W.1 and P.W.2 and ten documents were marked as
Exs.P.1 to P.10. On the side of the respondents, two witnesses were
examined as R.W.1 and R.W.2 and five documents were marked as
Exs.R.1 to R5.
5.The Tribunal, after considering the pleadings, oral and
documentary evidences and the arguments of the counsel for the
claimants and the respondents and also on appreciating the evidences on
record, held that the accident occurred only due to the rash and negligent
driving of the driver of the first respondent and directed the second
respondent to pay a sum of Rs.4,00,000/- as compensation. Aggrieved
over the orders passed by the Tribunal, the claimants have filed the
present appeal under Section 173 of the Motor Vehicles Act, 1988.
6.Heard Mr.S.Ramasamy, learned counsel appearing for the
appellants and Ms.K.R.Shivashankari, learned counsel appearing for the
respondents and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.525 of 2021
7.The learned counsel for the appellants contended that the
Tribunal has awarded only Rs.4,00,000/- for the death of the minor child,
which is very low and no amount was awarded for medical bills. Hence,
he seeks enhancement of compensation awarded by the Tribunal.
8.A perusal of records would show that though the medical bills
marked as Ex.P5, the Tribunal has not considered the medical bills and
no amount was awarded for the said medical bills. As per medical
bills/Ex.P5, this Court is inclined to grant Rs.85,156/- towards medical
expenses. Before the Tribunal, the appellants/claimants have filed a
judgment reported in 2018(2)TN MAC 328 in the case of
Dhatchinamoorthy and another Vs. Managing Director, Tamilnadu
State Transport Corporation, Kumbakonam and argued that as per the
said judgment, the Tribunal ought to have awarded Rs.4,00,000/-. Based
on the judgment, the Tribunal has awarded Rs.4,00,000/- as
compensation. Hence, the appellant/claimant cannot go beyond the
arguments before the Tribunal. Therefore, the appellants are entitled to
get Rs.4,85,156/-.
9. In the result,
(i)The Civil Miscellaneous Appeal is partly allowed.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.525 of 2021
(ii)The compensation awarded by the Tribunal is enhanced from
Rs.4,00,000/- to Rs.4,85,156/- with interest at the rate of 7.5% per
annum. The first respondent, who is the father of the deceased, is entitled
to Rs.2,85,156/- and the second respondent, who is the sister of the
deceased, is entitled to Rs.2,00,000/- with interest at 7.5% p.a from the
date of claim petition till the date of realization.
(iii)The appellants are directed to pay the court fee for the
enhanced compensation amount, if any.
(iv)The second respondent/Insurance Company Limited is directed
to deposit the enhanced compensation amount i.e., Rs.4,85,156/- 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.13 of 2018 on the file of the Motor Accident
Claims Tribunal /Sub Court, Aruppukotai within a period of six weeks
from the date of receipt of a copy of this order.
(v)On such deposit, the first appellant is entitled to withdraw his
respective share as per the ratio fixed by this Court. The share of the
minor second appellant shall be deposited in any one of the Nationalized
Banks, in a Fixed Deposit, initially for a period of three years, renewable
thereafter, till the minors attained majority. The first appellant/father and
guardian of the minor second appellant is permitted to withdraw the
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.525 of 2021
interest from the above said deposit, once in three months directly from
the Bank and utilize the same for the welfare of the child. No Costs.
06.01.2022
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 Accidents Claims Tribunal/Sub Court,
Aruppukottai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.525 of 2021
S.ANANTHI, J.
vsd
CMA(MD)No.525 of 2021
06.01.2022
https://www.mhc.tn.gov.in/judis
