Madras High Court
Kamatchi vs The Principal on 4 July, 2023
C.M.A.No.734 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.734 of 2018
Kamatchi.
...Appellant
Vs
1.The Principal,
Arul Migu Thirupurasundari Amman Polytechnic College,
Sri Vedagreeswarar Education Trust,
Eagai Village, Puliyur Post,
Thirukkazhukundram Taluk,
Kancheepuram District 603 109
(was set exparte in the trial Court)
2.The New India Assurance Co.Ltd,
No.45, Moore Street, 5th Floor,
Chennai 1
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the award amount from Rs.10,000/- to claim of
Rs.15,00,000/- with interest from the date of the petition i.e., 08.04.2015 and
costs.
1/5
https://www.mhc.tn.gov.in/judis
C.M.A.No.734 of 2018
For Appellant : Mr.N.M.Elumalai
For Respondents : R1-set exparte
Mr.G.Anandan for R2
JUDGMENT
This Civil Miscellaneous Appeal is filed to enhance the award amount
from Rs.10,000/- to claim of Rs.15,00,000/- with interest from the date of the
petition i.e., 08.04.2015.
2. The learned counsel appearing for the appellant would submit that in
the present appeal, the challenge has been made against the award passed by the
Tribunal with regard to the compensation of a sum of Rs.20,000/- under the
head 'disability'.
3. He would further submit that due to the said accident, the appellant
was suffered with many injuries at various parts of the body. He would also
submit that at the time of accident, the appellant only had the learners' license
and since she had not possessed a valid license at the time of accident, the
Tribunal fixed the contributory negligence on part of the appellant as 50% and
https://www.mhc.tn.gov.in/judis
C.M.A.No.734 of 2018
hence, the said Rs.20,000/- awarded by the Tribunal stands reduced to
Rs.10,000/-. Accordingly, the compensation was awarded only for a sum of
Rs.10,000/-.
4. When this matter was taken up for hearing, this Court suggested to pay
the compensation of a sum of Rs.20,000/- in addition to the award amount of
Rs.10,000/- to the appellant and the learned counsel for the respondent had also
fairly agreed to the said amount. Further, he would submit that the interest
awarded by the tribunal was at the rate of 9% per annum. Therefore, he would
request to reduce the same to the rate of 7.5% per annum.
5. Hence, upon hearing and considering the submissions made by both
the learned counsel, the award amount of Rs.10,000/- stands increased to
Rs.30,000/- and the interest was reduced from the rate of 9% per annum to 7.5%
per annum. Accordingly, to the aforesaid extent, the award passed by the
Tribunal stands modified. With regard to all other aspects, the award stands
confirmed.
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C.M.A.No.734 of 2018
6. In the result, this Civil Miscellaneous Appeal is partly allowed and
hereby the interest rate awarded by the Tribunal as 9% is reduced to 7.5%. The
second respondent/insurance company is directed to deposit a sum of
Rs.30,000/- along with 7.5% interest and costs, less the amount already
deposited, if any, within a period of four weeks from the date of receipt of a
copy of this judgment, to the credit of M.C.O.P.No.4361 of 2015 on the file of
the Motor Accident Claims Tribunal, II Court, Chennai. The Tribunal is
directed to transfer the entire amount to the claimant by way of RTGS, within a
period of two weeks from the deposit or from the date of receipt of the Bank
details obtained for the claimant or application for withdrawal from the
claimant, whichever is later. No costs.
04.07.2023
(2/2)
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
To:
The Motor Accident Claims Tribunal,
II Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.734 of 2018
KRISHNAN RAMASAMY,J.
nsa
C.M.A.No.734 of 2018
04.07.2023
(2/2)
https://www.mhc.tn.gov.in/judis
