Adaikalamary vs The Owner
2023 Latest Caselaw 16109 Mad

Citation : 2023 Latest Caselaw 16109 Mad
Judgement Date : 11 December, 2023

Madras High Court

Adaikalamary vs The Owner on 11 December, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                               1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated : 11.12.2023

                                                            CORAM

                                      THE HON'BLE MR.JUSTICE M.DHANDAPANI

                                                    C.M.A.No.4545 of 2019

                     Adaikalamary                                                   ...        Appellant
                                                                   Vs
                     1. The owner
                     Shanmugam Roadways,
                     Srimushnam Road,
                     Andimadam Post,
                     Udayarpalayam Taluk,
                     Perambalur District.

                     2. The Branch Manager,
                     National Insurance Co. Ltd.,
                     Vikneshwara Building,
                     No.7, Pudukottai Road,
                     Trichy.

                     3. Anandham @ Anandharaj
                     (Whereabouts not known)                                  ...   Respondents


                                  Civil Miscellaneous Appeal filed under Article 173 of Motor Vehicles

                     Act 1988, against the judgment and award of the Motor Accident Claims

                     Tribunal, (ADJ), Ariyalur in MCOP. No.179 of 2008 dated 26.10.2015.

                                       For Appellant      : Mr.Kaithaimalai Kumaran
                                       For Respondents     : Mr.Michael viswasam,         R2
                                                                No appearance – RR1 & 2
https://www.mhc.tn.gov.in/judis


                                                       JUDGMENT

This appeal has been filed by the appellant/claimant against the

judgment and award of the Motor Accident Claims Tribunal, (ADJ),

Ariyalur in MCOP. No.179 of 2008 dated 26.10.2015.

2. It is the case of the appellant that on 22.01.2006, at about 7.20

P.M. When the deceased Andhonisamy was trying to get up the first

respondents bus registration No.TN 46 D 5677 in Varadharajanpettai bus

stand, at that time the driver suddenly move the bus in a rash and negligent

manner and hit against the deceased Andhonisamy and he fell down and the

back wheel of the bus run over the deceased. Due to which, he sustained

grievous injuries all over his body and immediately after the accident, he was

admitted in the hospital and died. Thereafter, the Dependants of the

deceased filed a claim petition before Tribunal claiming compensation of

Rs.6,00,000/-. After adjudication, the Tribunal has awarded a sum of

Rs.4,80,000/- to the claimants for the death of the deceased.

3. The appellant/claimant has filed the present appeal seeking

enhancement of compensation.

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

4. The learned counsel for the appellant submitted that the appellant is

the wife of the third respondent. After the death of their son, the appellant

and the third respondent filed claim petition and the Tribunal has also

awarded a compensation of Rs.4,80,000/- and the appellant and the third

respondent are entitled for Rs.2,40,000/- each.

5. The learned counsel further submitted that during pendency of the

appeal, the appellant has already been withdrawn 50% of the award amount

and the remaining award amount kept lying before the Tribunal. The learned

counsel further submitted that whereabout of the 3rd respondent is not

traceable for withdrawing the compensation. He is not available for more

than seven years. Hence, the learned counsel prays that the appellant filed

this appeal for enhancement of compensation. Without going into the merits

of the case, this Court may allow the appellant to withdraw the said amount.

6. The learned counsel for the second respondent have not raised any

objection in this regard.

7. The facts of the case are not disputed by the parties. The appellant

has filed this appeal for enhancement and seeking to modify that the

appellant is entitled to withdraw the entire compensation awarded by the https://www.mhc.tn.gov.in/judis Tribunal for the death of her son Andhonisamy. On the earlier occasion, this

Court ordered notice to the third respondent and the same was returned and

his whereabout is also not traceable for the past seven years.

8. Considering the facts and circumstances of the case, this Court is

inclined to permit the appellant to withdraw 80% of the award amount,

which was apportioned in favour of the third respondent, by filing

appropriate application before the Tribunal and the Tribunal shall keept the

remaining 20% of the award amount in the credit of the case number.

9. With the above direction and observation, the appeal is allowed. No

costs.

11.12.2023

rli Index : Yes/no Internet : Yes/no Speaking Order/Non speaking order

To The Motor Accident Claims Tribunal, (ADJ), Ariyalur