The Manager vs Tmt.Palaniammal
2022 Latest Caselaw 14922 Mad

                                                                      C.M.P(MD) No.1177 of 2009

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 07.09.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                              C.M.A(MD)No.1177 of 2009
                                                       and
                                                M.P(MD) No.3 of 2009


                     The Manager,
                     National Insurance Company Limited,
                     Gopichettipalayam.                                       ... Appellant
                                                        vs.

                     1.Tmt.Palaniammal
                       W/o. Kalimuthu

                     2.Balan,
                       S/o.Muthupandi                                     ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, to set aside the order and decree dated 08.03.2007 passed
                     in M.A.C.O.P.No.130 of 2001 on the file of the Motor Accidents Claims
                     Tribunal, Sub Court, Palani.


                                     For Appellant       : Mr.D.Sivaraman

                                     For R1              : Mr.S.Karthik

                                     For R2              : No appearance



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https://www.mhc.tn.gov.in/judis
                                                                              C.M.P(MD) No.1177 of 2009

                                                         JUDGMENT

************

This Civil Miscellaneous Appeal is filed to set aside the order and

decree in M.C.O.P.No.130 of 2001, dated 08.03.2007, on the file of the

Motor Accidents Claims Tribunal (Sub Court), Palani.

2.The appellant / Insurance Company is the respondent in

M.C.O.P.No.130 of 2001. The first respondent / claimant filed the claim

petition before the Motor Accidents Claims Tribunal, (Sub Court),

Palani, claiming a sum of Rs.1,50,000/- as compensation, for the injuries

sustained by her, in the accident that took place on 20.02.2001.

3. The Tribunal, after considering the oral and documentary

evidences and arguments made on either side, partly allowed the claim

petition and awarded a sum of Rs.41,000/- with 6% interest per annum

as compensation to the claimant. Against which, the appellant/Insurance

Company has filed this present appeal.

4.I have heard the learned counsel appearing for the appellant and

the learned counsel for the first respondent and perused all the materials

https://www.mhc.tn.gov.in/judis C.M.P(MD) No.1177 of 2009

available on record.

6. The contention of the appellant is that the Tribunal without

appreciating the documentary evidence available, came to the conclusion

that the driver of van bearing Registration No.TN-36-A-7880 was

responsible for the accident and no independent witness was examined to

prove the involvement of the vehicle in the accident. Further, he

submitted that the award amount is highly excessive.

7.These contentions are not acceptable. From the materials

available on record, it is seen that the Tribunal properly appreciating both

oral and documentary evidence and held that the driver of the van

is responsible for the accident, which is insured with the

appellant/Insurance Company. The Tribunal considering the nature of

injuries and percentage of disability, awarded a total sum of Rs.41,000/-

as compensation, which is not excessive.

8.In the considered opinion of this Court, the compensation

awarded by the Tribunal is just and reasonable compensation and the

appellant did not let in any contra evidence to disprove the case. The

https://www.mhc.tn.gov.in/judis C.M.P(MD) No.1177 of 2009

appellant has not made out any case for modifying or reducing the

compensation as awarded by the Tribunal.

9.In the result, the Civil Miscellaneous Appeal is dismissed and the

compensation awarded by the Tribunal is confirmed. The appellant /

Insurance Company is directed to deposit the entire award amount to the

credit of M.C.O.P.No.130 of 2001, on the file of the Motor Accident

Claims Tribunal / Sub Court, Palani, less the amount already deposited, if

any, along with accrued interests and costs, within a period of eight

weeks from the date of receipt of a copy of this Judgment. On such

deposit being made, the first respondent / claimant is permitted to

withdraw the award amount, less the amount already withdrawn, if any,

with accrued interest by making necessary application before the

Tribunal. No costs. Consequently, connected miscellaneous petition

is closed.

07.09.2022

Index :Yes/No Internet :Yes/No cp

https://www.mhc.tn.gov.in/judis C.M.P(MD) No.1177 of 2009

To

1.The Motor Accidents Claims Tribunal, Sub Court, Palani.

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

https://www.mhc.tn.gov.in/judis C.M.P(MD) No.1177 of 2009

A.A.NAKKIRAN .,J.

cp

JUDGMENT MADE IN C.M.A(MD)No.1177 of 2009

07.09.2022

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