R.Dhanam vs M.Raju
2022 Latest Caselaw 4701 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 09.03.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.887 of 2018


                     P.Rajendran @ Rajadurai(died)

                     1.R.Dhanam

                     2.Minor Sasikumar

                     3.Minor Pandiammal

                        Pechiammal(died)

                        Periakaruppan(died)

                     Appellants 2 and 3 are minors represented by their mother and
                     guardian, the first appellant herein R.Dhanam)
                                                     :Appellants/Petitioners

                                                .vs.

                     1.M.Raju

                     2.The United India Insurance Company Limited,
                       Red Hills Branch Office,
                       Madras – 600 052.          :Respondents/Respondents



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the judgment and decree made in
                     M.C.O.P.No.1578 of 2011, dated 8.1.2013, on the file of the Motor
                     Accidents Claims Tribunal(Principal Sub-Judge), Tiruchirappalli.

                     1/5
https://www.mhc.tn.gov.in/judis
                                          For Appellant                 :Mr.S.Krishnamoorthy

                                          For Respondent-1              :No appearance

                                          For Respondent-2              :Mr.J.S.Murali


                                                          JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the

judgment and decree made in M.C.O.P.No.1578 of 2011, dated

08.01.2013, on the file of the Motor Accidents Claims

Tribunal(Principal Sub-Judge), Tiruchirappalli.

2.The Claim Petitioners are the appellants, seeking

enhancement of compensation.The Claim Petition is filed before the

Principal Sub-Judge, Tiruchirappalli by one Rajendran @ Raja Durai

claiming compensation for the injury sustained in the road traffic

accident. The Claim Petition was originally filed in the year 1994 for

''no fault liability'' seeking compensation at Rs.12,000/-. Pending

M.C.O.P., on 29.03.1992, the first Petitioner namely, Rajendran died

and hence the Widow and children have been impleaded as per

order in I.A.No.373 of 2008. Accrording to P.W.1/wife, her husband

hd sustained injury and he was all along taking treatment for nine

https://www.mhc.tn.gov.in/judis years and subsequently died. Since no medical evidence was filed to

show the injury sustained in the road traffic accident and because

of his death, the Tribunal has taken the claim under ''no fault

liability'' and has granted a sum of Rs.50,000/- as compensation.

Aggrieved against the same, stating that the compensation awarded

by the Tribunal is low, the claimants have filed the present Civil

Miscellaneous Appeal before this Court.

3.After going through the orders passed by the Tribunal, since

the claim petition has been filed for the injury sustained by original

claimant and subsequently during the pendeny of M.C.O.P, the

original claimant died and his legal heirs are brought on record as

stated supra. Despite several adjournments given by the Tribunal,

claim petitioners have not produced any scrap of paper or medical

certificate to show that her husband Rajendran was taking

treatment as inpatient for nine years. Further, he died due to the

injury sustained in the accident and hence, the claim petition has

been rightly dealt with by the Principal Sub-Judge under Sections

140 and 166 of the Motor Vehicles Act and granted a sum of Rs.

50,000/- as compensation, as per the amended Act, in which, this

Court does not find any reason or error warranting interference by

https://www.mhc.tn.gov.in/judis this Court. Thus the Civil Miscellaneous Appeal fails.

4.Accordingly, the Civil Miscellaneous Appeal stands

dismissed.No costs.

09.03.2022

Index:Yes/No

Internet:Yes/No

vsn

To

1.The Motor Accidents Claims Tribunal (Principal Sub-Judge), Tiruchirappalli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.887 of 2018

09.03.2022

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