The Branch Manager vs Chandrasekaran ...1St
2022 Latest Caselaw 4170 Mad

                                                                          CMA.(MD)No.703 of 2014

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 03.03.2022

                                                    CORAM :

                         THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                         CMA (MD)No.703 of 2014
                                                 and
                                          M.P.(MD)No.1 of 2014


                  The Branch Manager,
                  The Oriental Insurance Company Limited,
                  3607/21, 2nd Floor,
                  Sathiyamoorthy Road,
                  Pudukkottai.                            ... Appellant/3rd Respondent

                                                      Vs.

                  1. Chandrasekaran                          ...1st Respondent/Petitioner

                  2. Palaniappan                            ...2nd Respondent/1st Respondent

                  3. Anbu                                   ... 3rd Respondent/2nd Respondent

                  (Respondents 2 and 3 remained
                  exparte before the lower Court)

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                  Motor Vehicles Act, to set aside the Award of Rs.13,500/- (Rupees
                  Thirteen Thousand Five Hundred Only) passed in M.C.O.P No.156 of
                  2012, dated 30.09.2013, on the file of the Motor Accidents Claims Tribunal
                  cum Additional District Judge, Pudukkottai.


                  1/4
https://www.mhc.tn.gov.in/judis
                                                                            CMA.(MD)No.703 of 2014




                                  For Appellant     : Mr.A.Ilango
                                  For Respondents   : No appearance
                                  Nos.1 to 3


                                                    JUDGMENT

This Civil Miscellaneous Appeal has arisen out of a common

judgment rendered in M.C.O.P.Nos.382 of 2011, 154 of 2012 and 156 of

2012. In an road accident, when the injured was travelled in a two wheeler

as a pillion rider and the vehicle insured with the appellant insurance

company said to have dashed against the two wheeler from the behind and

caused injury to the first respondent herein. As against the common

judgment, the Civil Miscellaneous Appeal in C.M.A(MD)No.703 of 2014

has been filed and pending before this Court.

2. The learned counsel for the insurance company represented

that out of three Civil Miscellaneous Appeals in C.M.A.(MD)Nos.701, 702

and 703 of 2014, C.M.A.(MD)Nos.701 and 702 of 2014 have been settled

before the Lok Adalat and therefore the rash and negligence is fixed on the

part of the driver of the vehicle insured with the insurance company and the

negligence has been accepted by the insurance company in the other way.

https://www.mhc.tn.gov.in/judis CMA.(MD)No.703 of 2014

Hence the point for consideration is whether the compensation of

Rs.13,500/-(Rupees Thirteen Thousand and Five Hundred only) with

interest at 7.5% per annum, awarded by the Tribunal is excessive or not for

the simple injury sustained by the petitioner.

3.After considering the injuries sustained by the first respondent

herein, this Court does not find that the amount of Rs.13,500/- (Rupees

Thirteen Thousand and Five Hundred only) with interest at 7.5% per

annum, awarded by the Tribunal is excessive.

4.Accordingly, this Civil Miscellaneous Appeal stands dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

03.03.2022

Index : Yes/No Internet : Yes / No

pnn

https://www.mhc.tn.gov.in/judis CMA.(MD)No.703 of 2014

RMT.TEEKAA RAMAN, J.

pnn

To

1.The Motor Accidents Claims Tribunal, The Additional District Judge, Pudukkottai.

2.The Record Clerk, VR Section, Madurai Bench of Madras High Court, Madurai.

CMA (MD)No.703 of 2014 and M.P.(MD)No.1 of 2014

03.03.2022

https://www.mhc.tn.gov.in/judis