Madras High Court
Samuel vs Rama Reddy on 9 March, 2022
C.M.A.No.3748 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
C.M.A.No.3748 of 2012
Samuel ...Appellant
Vs
1. Rama Reddy
2. Oriental Insurance Co.Ltd. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the Decree and Judgment dated 30.07.1999 passed in
M.C.O.P.No.202 of 1999 on the file of the Subordinate Judge, Metur.
For Appellant : Mr.T.Thanjan
For Respondents : M/s.M.J.Vijayaraghavan for R2
JUDGMENT
This appeal has been filed by the appellant/claimant for enhancement of
compensation. The Tribunal passed an award in favour of the appellant/claimant
for a sum of Rs.25,400/- together with interest at the rate of 12% per annum from
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C.M.A.No.3748 of 2012
the date of the claim petition till the date of deposit.
2. The case of the claimants before the Tribunal is that on 06.03.1991, at
09.00 a.m, when the claimant was waiting for the bus in Bangalore – Hosur Main
Road, near Old Check-post, a lorry bearing Registration No.MYT 6567, driven by
its driver in a rash and negligent manner, dashed against the claimant and as a
result he sustained grievous injuries. The claimant filed claim petition in
MCOP.No.202 of 1999 and claimed a total compensation of Rs.1,50,000/- from
the respondents.
3. The first respondent remained exparte before the Tribunal.
4. Denying the averments in the claim petition, the second respondent filed
counter. According to the 2nd respondent their liability is subject to strict proof of
the age, income of the deceased and insurance cover, registration certificate,
permit and valid driving licence of the driver of the vehicle.
5. The Court below after considering the pleadings, oral and documentary
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C.M.A.No.3748 of 2012
evidence of both sides, awarded a sum of Rs.25,400/- under the following heads :
S.No. Particulars Amount in Rs.
1. Injuries sustained 15,000/-
2. Pain and sufferings 5,000/-
3. Loss of Income 5,400/-
Total 25,400/-
Aggrieved over the same, the appellant/claimant has filed this appeal seeking
enhancement of the compensation.
6. According to the learned counsel for the appellant, the appellant was
working as a mason before the accident and was earning a sum of Rs.1500/- per
month. After the accident, the appellant was not able to walk without any support
and not able to stand even and the Tribunal ought to have allowed the entire claim
or at atleast 75% of the claim. The award passed by the Tribunal is not just and
reasonable compensation. Hence, prays to enhance the compensation.
7. The learned counsel for the 2nd respondent-Insurance company would
submit that the Tribunal after considering both the oral and documentary evidence
of both sides has awarded just compensation and hence, the well considered award
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C.M.A.No.3748 of 2012
of the Court below needs no interference.
8. Heard the learned counsel for the appellant and the learned counsel for
the second respondent and perused the materials available on record.
9. On a perusal of the materials available on record, it is seen that the
accident is of the year 1991. The claimant has filed the claim petition on
15.09.1995 and the award was passed on 30.07.1999 against the first respondent
and as against which the present Civil Miscellaneous Appeal has been filed in the
year 2012 with a petition to condone the delay of 862 days in filing the appeal.
The claimant has preferred this appeal for enhancement of compensation after a
period of 12 years. Further, till date notice has not been served on the first
respondent. Therefore, this Court is of the view that it is futile exercise to keep
the appeal pending.
10. In the result, this Civil Miscellaneous Appeal is dismissed. The first
respondent is directed to deposit the award amount, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt of a copy
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C.M.A.No.3748 of 2012
of this judgment. On such deposit, the appellants are permitted to withdraw the
amount along with interest and costs. No costs.
09.03.2022
Index : Yes/No
Internet : Yes/No
kas
To
1.The Subordinate Judge, Metur.
2.The Section Officer,
VR Section, Madras High Court.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3748 of 2012
J.NISHA BANU, J.
kas
C.M.A.No.3748 of 2012
09.03.2022
https://www.mhc.tn.gov.in/judis
