Madras High Court
S.Tamilarasi vs M.Murugan on 6 March, 2023
C.M.A. (MD)No.850 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.850 of 2022
Mahalingam (died)
1.S.Tamilarasi
2.J.Sankareswari
3.M.Vijayalakshmi
4.M.Mahesh ...Appellants/Petitioners
Vs.
1.M.Murugan
2.National Insurance Company,
Branch Office-I,
No.92, Devarpuram Road,
Tuticorin-3. ...Respondents/Respondents
PRAYER: These Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, to set aside the judgment and decree dated 28.02.2020 made
in M.C.O.P.No.138 of 2015 on the file of the Motor Accident Claims Tribunal/Sub
Court, Tuticorin.
For Appellants : Mr. S.Siva Thilakar
For R1 : Mr. A.Arumugam
for M/s.Ajmal Associates
1/6
https://www.mhc.tn.gov.in/judis
C.M.A. (MD)No.850 of 2022
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the legal heirs of one
Mahalingam / original claimant, challenging the judgment and decree made in
M.C.O.P.No.138 of 2015 dated 28.02.2020 on the file of the Motor Accident
Claims Tribunal/sub Court, Tuticorin.
2.The original claim petition was filed by the said Mahalingam, claiming
compensation of Rs.4,00,000/- for the alleged injuries sustained in an accident that
took place on 03.05.2016. After filing the claim petition, he died and thereafter,
his legal heirs have been brought on record and they pursued the claim petition.
3. The case of the original claimant is that on 03.05.2016 at 08.00 p.m.
while he was riding his by-cycle, a bike bearing Registration No. TN 69 AR 2668
driven in a rash and negligent manner, hit against the petitioner's cycle, which
resulted in injuries and he admitted in the Government Hospital, Tiruchendur. A
criminal case was also registered in Crime No.150 of 2015 for the offences
punishable under Sections 279 and 337 IPC. Therefore, the claim petition was
filed by the original claimant, claiming a sum of Rs.4,00,000/- as compensation.
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C.M.A. (MD)No.850 of 2022
4. The learned counsel for the second respondent before the Tribunal has
submitted that the original claimant has not filed any document to show that he has
spent some amount towards the treatment for the alleged injuries said to have been
sustained by him.
5.The Tribunal considering the fact that no documents whatsoever have
been filed to substantiate that the said Mahalingam has suffered injuries and spent
some amount towards the treatment, dismissed the claim petition. Challenging the
same, the present appeal came to be filed.
6. I have heard the learned counsel appearing on either side and perused
the entire materials placed on record.
7. Admittedly, the original claimant has not filed any materials to
substantiate that he has spent money towards treatment for the injuries said to have
been sustained by him before the Tribunal. Even before this Court, no such
documents whatsoever have been filed by the appellants to substantiate that they
have paid some money towards the injuries sustained by their father. The very
claim petition itself was filed claiming compensation for the injuries said to have
been sustained by the father of the appellants. But the same has not been proved.
https://www.mhc.tn.gov.in/judis
C.M.A. (MD)No.850 of 2022
Now, the original claimant also died. The cause of action dies with the person,
who claims compensation. At the most, the legal heirs are entitled to claim the
medical expenses. However, to substantiate the same, no documents whatsoever
have been placed either before the Tribunal or before this Court. It is also not
established that the death of the appellants' father is due to the alleged injuries said
to have been sustained. There is no proximity between the death and the accident.
In the absence of any evidence to show that the injured person has spent some
amount towards medical expenses, the Tribunal has rightly rejected the claim
made by the original claimant.
8.For the reasons stated above, I find no merits in this appeal.
Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs.
06.03.2023
Index : Yes/No
Internet : Yes/No
ta
https://www.mhc.tn.gov.in/judis
C.M.A. (MD)No.850 of 2022
To
1.The Motor Accident Claims Tribunal/Sub Court,
Tuticorin.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A. (MD)No.850 of 2022
N.SATHISH KUMAR, J.
ta
Judgment made in
C.M.A.(MD)No.850 of 2022
06.03.2023
https://www.mhc.tn.gov.in/judis
