Madras High Court
Lalitha vs Venkatesan on 30 March, 2022
C.M.A.Nos.424 and 2032 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.424 and 2032 of 2021
and
C.M.P.No.10991 of 2021
C.M.A.No.424 of 2021
Lalitha
wife of Venkatesan
rep. by next friend
Sister Kavitha
wife of Sivakumar
No.160(2) Colony
Kilakku Theru
Velur,
Paramathy Velur Taluk,
Namakkal District. ... Appellant
Vs.
1.Venkatesan
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.424 and 2032 of 2021
2.The Manager,
New India Assurance Company Limited,
KVR Complex,
III Floor, 80 Feet Road,
Sengundapurm,
Karur – 639002.
Another Address
The Manager,
New India Assurance Company Limited,
Divisional Office No.29, Paramathy Road,
Namakkal.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the award against the Judgment and Decree dated
19.11.2020 in MCOP No.976 of 2018 on the file of Motor Accident Claims
Tribunal ( Sessions (Fast Track Mahila) Court, Namakkal.
For Appellant : Mr.C.Thangaraju
For Respondents : Mrs.S.R.Sumathy for R2
2/9
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C.M.A.Nos.424 and 2032 of 2021
C.M.A.No.2032 of 2021
New India Assurance Company Limited,
T.P.(Suit) Claims HUB,
Divisional Office,
29, Paramathy Road,
Namakkal – 637 001. ... Appellant
Vs.
1.Venkatesan
2.Lalitha W/o Venkatesan
rep. by next friend sister
Kavitha W/o Sivakumar
160(2) Colony,
Kilakku Theru, Velur,
Paramathy Veluk Taluk,
Namakkal District. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and Decree in MCOP No.976 of
2018 dated 19.11.2020 on the file of Motor Accident Claims Tribunal ( Sessions
(Fast Track Mahila) Judge, Namakkal.
3/9
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.424 and 2032 of 2021
For Appellant : Mr.S.R.Sumathy
For Respondents : Mr.Thangaraju for R2
*****
COMMON JUDGMENT
(Common Judgment of the Court was made by
K.KALYANASUNDARAM.,J)
C.M.A.No.424 of 2021 is filed by the claimant seeking enhancement of
compensation, whereas, the Insurance Company questioning the award, has
preferred C.M.A.No.2032 of 2021. Since both the appeals arise out of the same
order passed in the MCOP dated 19.11.2020, both are heard together and
disposed of by this common Judgment.
2.For the purpose of clarity, the parties are referred to as per their rank
before the Tribunal.
3.The case of the claimant is that on 18.06.2018 at about 08.35 a.m, she
travelled as pillion rider in a two wheeler bearing Reg.No.TN-88-D-3620. The
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.424 and 2032 of 2021
vehicle was driven by the first respondent in a rash and negligent manner and he
applied sudden break and caused the accident. In the impact, the claimant
sustained injuries.
4.The claim petition was filed by the claimant represented by her sister
Kavitha. Before the Tribunal, Exs.P.30 to 38 were produced to show that the
claimant had spent Rs.23,93,391/- towards medical expenses. The Tribunal in
conclusion of the Trial, has awarded compensation of Rs.40,43,500/- together
with interest at the rate of 7.5% per annum.
5.The learned counsel appearing for the Insurance Company
Mrs.S.R.Sumathy would argue that the claimant had produced bogus medical
bills before the Tribunal to claim a sum of Rs.23,00,000/-. According to her, the
medical bills were bogus and prepared to claim higher compensation in this case.
It is next submitted that the first respondent is the husband of the claimant, but
the claimant was represented by her sister to claim compensation.
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C.M.A.Nos.424 and 2032 of 2021
6.Per contra, the learned counsel appearing for the claimant
Mr.C.Thangaraju would argue that all the medical bills are genuine and they have
been produced before the Tribunal in the presence of the learned counsel
representing for the Insurance Company, but no cross examination on this aspect
was made before the Tribunal.
7.In reply, the learned counsel appearing for the Insurance Company would
submit that the Insurance Company was not provided adequate opportunity to
verify the medical bills and hence, in the interest of justice, the matter may be
remanded back to the Tribunal for proper adjudication with regard to the medical
bills.
8.We have considered the rival submission of both the learned counsels and
perused the materials available on record.
9.In the matter on hand, though the Tribunal has passed an award for
Rs.40,43,500/-, the Insurance Company had restricted the appeal to a sum of
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C.M.A.Nos.424 and 2032 of 2021
Rs.23,93,500/-. In other words, they have admitted the liability to an extent of
Rs.16,50,000/-. Perusal of the records reveal that a bunch of receipts have been
produced to claim medical expenses. According to the counsel representing the
appellant, ample opportunity was not given to verify the medical bills before
cross examining the witness.
10. In the light of the above fact, to meet the ends of justice, the matter is
remitted back to the Motor Accident Claims Tribunal for proper adjudication with
regard to the medical bills and the Tribunal is directed to dispose of the claim
petition within a period of three months from the date of receipt of a copy of this
Judgment. The Insurance Company is directed to deposit the admitted liability of
Rs.16,50,000/- along with interest as ordered by the Tribunal, within a period of
four weeks from the date of receipt of a copy of this Judgment. On such deposit,
the claimant is permitted to withdraw the said amount, less the amount already
withdrawn, if any, together with proportionate interest and costs.
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C.M.A.Nos.424 and 2032 of 2021
11. With the above obervation and directions, these Civil Miscellaneous
Appeals are disposed of. No costs. Consequently, connected miscellaneous
petitions are closed.
[M.K.K.S.,J.] [V.S.G.,J.]
30.03.2022
skn
Index : Yes/No
Speaking Order: Yes/No
To
1.Motor Accident Claims Tribunal
Sessions (Fast Track Mahila) Court, Namakkal.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.424 and 2032 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.424 and 2032 of 2021
and
C.M.P.No.10991 of 2021
30.03.2022
https://www.mhc.tn.gov.in/judis
