A.Devi vs S.Gayathri
2023 Latest Caselaw 1911 Mad

    2023/MHC/934




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 06.03.2023

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE N.SATISH KUMAR

                                         C.M.A(MD)No.36 of 2023
                                                  and
                                        C.M.P(MD)No.1989 of 2023


                     A.Devi                         :Appellant/Petitioner

                                             .vs.

                     1.S.Gayathri

                     2.The United India Insurance Company Limited,
                       Divisional office,
                       Promanade Road,
                       Cantonment,
                       Trichy-1.

                     3.The Managing Director,
                       Tamil Nadu State Transport Corporation,
                       (Kumbakonam) Limited,
                       Maraudhupathy,
                       Managiri Post,
                       Karaikudi                 :Respondents/Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act against the judgment and decree made in
                     M.C.O.P.No.95 of 2022, dated 1.8.2022, on the file of the Motor
                     Accidents Claims Tribunal/The Special Sub-Judge, Tiruchirappalli
                     seeking enhancement of compensation of Rs.1,00,000/-


                                  For Appellant          :Mr.N.Sudhagar Nagaraj



                     1/7
https://www.mhc.tn.gov.in/judis
                                       For Respondent-2       :Mr.S.Royce Immanuel

                                       For Respondent-3       :Mr.Krishnakumar

                                                   JUDGMENT

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

Challenging the order of the Motor Accidents Claims

Tribunal in M.C.O.P.No.95 of 2022, the present Civil Miscellaneous

Appeal is filed.

2.The appellant along with others were travelling in the

Transport Corporation bus bearing Registration NO.TN63 N 1233

and proceeding from Pudukkottai to Trichy. At that time, the lorry

bearing Registration No.TN30 S 9735 came from the opposite

direction in a rash and negligent manner and dashed against the

third respondent bus. As a result, the appellant sustained multiple

grievous injuries and fractures in the right hand and all others

have also sustained various injuries. Therefore claim petitions have

been preferred by them.

3.The second respondent insurer of the lorry denied the rash

and negligence on the part of the driver and took a stand that the

third respondent Corporation driver came in the middle of the

road which resulted in the accident. The third respondent has

blamed the driver of the lorry for the accident. All the injured has

https://www.mhc.tn.gov.in/judis filed claim petitions and the Tribunal by way of common judgment

dated 1.8.2022 passed an award in respect of the injured.

Challenging the award passed by the Tribunal in respect of the

appellant, the present Civil Miscellaneous Appeal came to be filed.

4.The main ground on which the challenge has been made is

that the Tribunal, has in fact, ignored to rely the Certificate issued

by the Medical Board in M.C.O.P.No.95 of 2022, wherein, the

disability of 15% has been clearly arrived at by the Medical Board.

Despite, the above documents filed before the Tribunal, the same

has not been considered and the Tribunal has passed a just

compensation as simple injury is caused and on that head, a sum of

Rs.25,000/- alone has been awarded. Hence the appeal is filed only

in respect of the particular head.

5.The learned counsel for the appellant mainly would submit

immediately after disposal of the M.C.O.P., he has applied for

certified copies from the same Tribunal. The Tribunal has issued

the certified copy to the learned counsel on 3.9.2022, however, the

same has not been marked in the original proceedings and petition

to receive additional evidence is also filed before this Court and

seeks to remand the matter back to the Tribunal.

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

6.Heard Mr.N.Sudhagar Nagaraj, learned counsel appearing

for the appellant and Mr.S.Royce Immanuel, learned counsel

appearing for the second respondent and perused the materials

plaed before this Court.

7.On a perusal of the certified copies filed as additional

documents before this Court, the Medical Board has assessed the

disability as early as on 29.3.2021 and those documents were very

much available in the Court and the same has been fortified with

the certified copies issued by the Tribunal. In such view of the

matter, this Court is of the view that the documents filed before

this Court are not considered. Accordingly, the Petition to receive

the additional evidence is allowed before this Court, since the

disability certificate issued by the Medical Board is not disputed by

others. Instead of remanding the matter back to the Tribunal, this

Court is inclined to dispose of the appeal based on the Disability

Certificate.

8.The Disability Certificate issued by the Medical Board

indicates that the Medical Board had assessed the Disability at 15%

and only fracture was noticed in the right hand. In such view of the

matter, if the disability is taken note of for each percentage, the

https://www.mhc.tn.gov.in/judis normal compensation is Rs.3000/- and if the same is calculated for

15%, the compensation would be 45,000/-,whereas, the Tribunal

has awarded only Rs.25,000/- towards simple injury. In such view

of the matter, the compensation(simple injury) is enhanced by

another Rs.20,000/- taking note of the disability certificate issued

by the Medical Board. The Tribunal has also awarded Rs.1000/- for

pain and suffering under the premise that it is only a simple injury.

In such view of the matter, this Court enhance the compensation

under the head pain and suffering to Rs.5000/- and totally, a sum of

Rs.24,000/- is enhanced and the total compensation comes to Rs.

1,28,614/- with interest as awarded by the Tribunal from the date

of award.

9.In the result, the Civil Miscellaneous Appeal is partly

allowed, enhancing the compensation from Rs.1,04,614/- to Rs.

1,28,614/- with interest at the rate of 7.5%pa from the date of

award till the date of deposit. The second respondent Insurance

Company is directed to deposit the enhanced award amount with

accrued interest and costs, less the award amount already

deposited, if any, within a period of eight weeks from the date of

receipt of a copy of this order. On such deposit being made, the

appellant/claimant is permitted to withdraw the amount so

https://www.mhc.tn.gov.in/judis deposited, less the award amount already withdrawn, if any, on

filing necessary application before the Tribunal. No costs.

Consequently, connected Miscellaneous Petition is closed.

06.03.2023

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Motor Accidents Claims Tribunal, (Special Sub-Judge), Tiruchirappalli.

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

https://www.mhc.tn.gov.in/judis N.SATISH KUMAR.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.36 of 2023 and C.M.P(MD)No.1989 of 2023

06.03.2023

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