M/S.Royal Sundaram Alliance ... vs A.Uma Maheswari
2023 Latest Caselaw 5931 Mad

                                                                                     C.M.A.(MD)No.38 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 12.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                C.M.A.(MD)No.38 of 2023

                M/s.Royal Sundaram Alliance Insurance Co.Ltd.,
                T.V.S.Co-operative Stores Buildings,
                No.17, Krishna Rao Tank Road,
                Madurai-1.                                     ...Appellant/2nd Respondent

                                                          Vs.

                1.A.Uma Maheswari
                2.B.Tharunan
                3.Minor B.Vasudhavaun Chittu
                4.Minor B.Vidhulavankkuuil                      ...Respondents1-4/Petitioners 1-4
                5.V.Rekha                                       ...5th Respondent/1st Respondent

                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, to set aside the fair and decreetal order dated 06.12.2021
                made in M.C.O.P.No.48 of 2017 on the file of the Motor Accident Claims
                Tribunal, (Special District Court), Madurai.


                                        For Appellants   : Mr.S.Srinivasa Raghavan
                                        For R1 to R4     : Mr.N.Sundaresan




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                                                                                          C.M.A.(MD)No.38 of 2023


                                                           JUDGMENT

The present Civil Miscellaneous Appeal is filed challenging the award

made in M.C.O.P.No.48 of 2017 on the file of the Motor Accident Claims Tribunal

(Special District Court), Madurai, dated 06.12.2021 mainly on the ground that no

evidence is on record to show that the death of the deceased was the result of the

accident occurred on 11.01.2013.

2.For the sake of convenience, the parties are referred to herein as per

their rank before the Tribunal.

3.The brief facts leading to the filing of this Civil Miscellaneous Appeal

are as follows:

When the deceased was travelling in his two wheeler on 11.01.2013 near

Ramanathapuram Street, at the time a Maruthi car bearing Registration No.TN-06-

B-3497 came in a rash and negligent manner dashed against the two wheeler of the

deceased. As a result, the deceased sustained multiple injuries and admitted in the

hospital at Chennai on 12.01.2013. Thereafter, he was shifted to Madurai Preethi

Hospital and took treatment as inpatient till 28.01.2013. Thereafter, till his death

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.38 of 2023

he was under the treatment. Hence, the claimants have filed the claim petition

seeking compensation.

(ii)Before the Tribunal on the side of the claimants P.W.1 was examined

and Ex.P1 to Ex.P16 were marked and on the side of the respondents no oral and

documentary evidence was marked.

4.Considering the evidence adduced on record, the Tribunal has awarded

the total compensation of Rs.15,00,000/- to the claimants. Challenging the same,

the Insurance Company has filed the present appeal.

4.The learned counsel for the Insurance Company submitted that there

was no nexus between the death and the accident. Despite a specific stand has

been taken by the Insurance Company, the Tribunal simply awarded the

compensation without going into the merits of the issues raised by the Insurance

Company. Hence, he prays for allowing this appeal.

5.Heard the arguments adduced on both sides and perused the materials

placed before this Court.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.38 of 2023

6.Admittedly, the accident had taken place on 11.01.2013 and the

deceased had taken treatment till 28.01.2013. Perusal of the discharge summary

shows that the deceased sustained multiple injuries and fractures all over his body

and the same are not properly healed. Though Ex.P7, Doctor Certificate is filed to

show that even after discharging from the hospital on 28.01.2013, the deceased did

not recover properly, the Doctor, who issued the said certificate, had not been

examined before the Court. The Tribunal had not given any proper opportunity to

the claimants to prove Ex.P7.

7.Further, the Tribunal had not given any findings with regard to the

factual issues raised in the claim petition and simply awarded the compensation.

The Certificate issued by a Senior Medical Officer, Madurai Corporation,

Madurai, dated 12.05.2014 shows that the deceased was continuously under

treatment and his injuries were not healed properly. Therefore, without proving

the above basic facts, this Court cannot assume that the death was only due to the

result of the accident that had taken place on 11.01.2013. This Court is of the

view that as the Tribunal had mechanically passed the order even without

understanding the nature of the issues raised by the parties and without giving any

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.38 of 2023

findings whether there is a nexus between the death and accident, such order

cannot be sustained in the eye of law. Accordingly, the award passed by the

Tribunal is set aside.

8.As stated above, the accident is not disputed and the injuries sustained

by the deceased and the treatment taken by the deceased at various hospitals are

also not in dispute. Now the question to be tested by the Tribunal is whether there

is a nexus between the death and accident by substantiating Ex.P7. For that

limited purpose, the matter is remanded to the Principal District Court, Madurai

for re-trail. The learned Principal District Judge shall give proper opportunity of

hearing to the claimants as well as the Insurance Company to establish the factual

aspects of the case and the nexus between the accident and death. This Court

earnestly believe that the Tribunal will adhere to the basic principles in conducting

trial atleast in this case. The Tribunal shall complete the trial within a period of

three months from the date of receipt of a copy of this judgment.

9.With the above direction, this Civil Miscellaneous Appeal is allowed

and the compensation awarded by the Tribunal is set aside and the matter is

remanded to the Principal District Court, Madurai. The registry is directed to

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.38 of 2023

transmit the records to the Principal District Court, Madurai. No costs.

Consequently, connected miscellaneous petition is closed.

12.06.2023 NCC : Yes/No Index : Yes/No ta

To

1.The Principal District Court, Madurai.

2.The Motor Accident Claims Tribunal, (Special District Court), Madurai

3.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.38 of 2023

N.SATHISH KUMAR, J.

ta

C.M.A.(MD)No.38 of 2023

12.06.2023

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