Madras High Court
The Branch Manager vs Selvaraj ..1St on 13 August, 2024
C.M.A.(MD)No.1339 of 2008
C.R.P(MD)No.613 of 2008
and Cross Obj(MD)No.43 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 13.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A(MD)No.1339 of 2008
C.R.P(MD)No.613 of 2008
and Cross Obj(MD)No.43 of 2008
and M.P(MD)Nos.2 and 3 of 2008
C.M.A(MD)No.1339 of 2008:
The Branch Manager,
United India Insurance Co.Ltd.,
South 4th Street,
Puthukottai Town ... Appellant/2nd Respondent
Vs.
1.Selvaraj ..1st Respondent/Claimant
2.M.Ramaiya `..2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the fair and decreetal order made in
M.C.O.P.No.40 of 2004 dated 29.06.2006 on the file of the Motor
Accident Claims Tribunal (Additional District and Session) (F.T.C),
Pudukkottai.
For Appellant : Mr.J.S.Murali
For R1 : No appearance
For R2 : Mr.R.Balakrishnan
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C.M.A.(MD)No.1339 of 2008
C.R.P(MD)No.613 of 2008
and Cross Obj(MD)No.43 of 2008
Cross Obj(MD)No.43 of 2008:
Selvaraj ..Cross Objector/1st Respondent
Vs.
1.The Branch Manager,
United India Insurance Co.Ltd.,
South 4th Street,
Puthukottai Town ...1st Respondent/Appellant
2.Ramiah .. 2nd Respondent/2nd Respondent
PRAYER: Cross objection is filed under Order 41 Rule 22 C.P.C against
the fair and decreetal order made in M.C.O.P.No.40 of 2004 dated
29.06.2006 on the file of the Motor Accident Claims Tribunal
(Additional District and Session) (F.T.C), Pudukkottai.
For Cross Objector : No appearance
For R1 : Mr.J.S.Murali
For R2 : Mr.N.Balakrishnan
CRP(MD)No.613 of 2008:
The Branch Manager,
United India Insurance Co.Ltd.,
South 4th Street,
Puthukottai Town ... Appellant/2nd Respondent
Vs.
1.Selvaraj ..1st Respondent/Claimant
2.M.Ramaiya ..2nd Respondent/2nd Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India against the fair and decreetal order made in
M.C.O.P.No.41 of 2004 dated 29.06.2006 on the file of the Motor
Accident Claims Tribunal (Additional District and Session) (F.T.C),
Pudukkottai.
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Page No.2 of 9
C.M.A.(MD)No.1339 of 2008
C.R.P(MD)No.613 of 2008
and Cross Obj(MD)No.43 of 2008
For Petitioner : Mr.J.S.Murali
For R1 : Mr.R.P.Ramachandran
For R2 : No appearance
COMMON JUDGMENT
C.M.A(MD)No.1339 of 2008 is filed by the Insurance Company
against the fair and decreetal order made in M.C.O.P.No.40 of 2004 dated
29.06.2006 on the file of the Motor Accident Claims Tribunal
(Additional District and Session) (F.T.C), Pudukkottai. Cross
Obj(MD)No.43 of 2008 is filed by the claimant in M.C.O.P.No.40 of
2004 seeking enhancement of compensation.
2. C.R.P(MD)No.613 of 2008 is filed by the Insurance Company
against the fair and decreetal order made in M.C.O.P.No.41 of 2004 dated
29.06.2006 on the file of the Motor Accident Claims Tribunal
(Additional District and Session) (F.T.C), Pudukkottai.
3. Two claim petitions were filed for the same accident which took
place on 13.09.2003. The Tribunal has passed a common award dated
29.06.2006.In both the claim petitions, it is stated that while the
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and Cross Obj(MD)No.43 of 2008
claimants were riding a TVS Moped, the bus insured with the Insurance
Company came in a rash and negligent manner and dashed against them,
as a result of which, they sustained grievous injuries.
4. A counter affidavit has been filed by the Insurance Company
stating that the accident took place only due to the negligence of the
injured persons as three persons travelled in a Two Wheeler and that the
compensation awarded by the Tribunal was excessive and prayed
interference of this Court.
5. In both the claim petitions, the claimants examined P.W.1 to
P.W.3 and marked Ex.P.1 to Ex.P.2.
6. The Tribunal, after taking into consideration the oral and
documentary evidence, awarded a compensation of Rs.50,000/- in
M.C.O.P.No.40 of 2004 and awarded a compensation of Rs.8,000/- in
M.C.O.P.No.41 of 2004.
7. The learned counsel appearing for the Insurance Company
submitted that the compensation amounts awarded by the Tribunal in
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and Cross Obj(MD)No.43 of 2008
both the claim petitions are excessive and that the Tribunal without
taking into consideration the evidence on record had awarded the
compensation and that in any case, since the Insurance Company had
established the fact that there was triples riding, the Tribunal ought to
have fixed contributory negligence on the claimants.
8. The claimant in M.C.O.P.No. 40 of 2004 has filed a Cross
Objection. Though notice has been served on him and the learned
counsel has entered appearance, there was no appearance on behalf of
him on more than one occasion.
9. This Court gave its anxious consideration to the submissions
made on the side of the Insurance Company and perused the records.
10. The points for consideration in the instant cases are as follows:
i)Whether the Tribunal erred in not fixing the contributory
negligence on the side of the claimants; and
ii) Whether the quantum of compensation awarded by the Tribunal
is just and reasonable?
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and Cross Obj(MD)No.43 of 2008
11. As regards the 1st question, it is seen that the respondents had
examined RW.1, who had deposed that the claimants had contributed to
the accident since three people travelled in the Two Wheeler. The manner
of the accident was spoken to by the eye witnesses, namely, the injured
claimants. It would show that the accident predominantly took place only
due to the negligence of the driver of the insured vehicle. However, the
fact that the three people travelled in Two Wheeler has been established
by the Insurance Company. Therefore, in the facts and circumstances of
the case and considering the evidence, this Court is of the view that the
claimants also had contributed to the accident and contributory
negligence can be fixed at 10% on the claimants. Accordingly, the 1st
question is answered.
12. As regards the quantum of compensation, it is seen that the
claimant in M.C.O.P.No.40 of 2004 was awarded Rs.50,000/- as stated
supra. The claimant had established that he had suffered 25% disability
and a sum of Rs.25,000/- was awarded under this head. Further,
Rs.10,000/- was awarded under the head of pain and suffering and
Rs.5,000/- was awarded towards Transport Expenses, Rs.10,000/- was
awarded towards loss of love and affection. Totally, Rs.50,000/- was
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and Cross Obj(MD)No.43 of 2008
awarded. This Court is of the view that the award is very reasonable and
no interference is called for.
13. Similarly, in M.C.O.P.No.41 of 2004, the Tribunal has awarded
Rs.8,000/- under the two heads, namely, loss of income and medical
expenses. This award is also reasonable.
14. However, taking into consideration the fact that 10%
contributory negligence is fixed on the claimants, the compensation
amount awarded by the Tribunal in M.C.O.P.No.40 of 2004 is reduced
from Rs.50,000/- to Rs.45,000/-. Similarly, the compensation amount
awarded in M.C.O.P.No.41 of 2004 is reduced from Rs.8,000/- to Rs.
7,200/-.
15. The Insurance Company shall deposit the modified
compensation amount with accrued interest within a period of four weeks
from the date of receipt of a copy of this judgment after deducting the
amount already deposited, if any. On such deposit, the claimants are
permitted to withdraw the same. The Insurance Company is permitted to
withdraw the excess amount, if any, deposited by it.
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and Cross Obj(MD)No.43 of 2008
16. In fine, C.M.A(MD)No.1339 of 2008 and C.R.P(MD)No.613
of 2008 are partly allowed. Cross Obj(MD)No.43 of 2008 is dismissed.
No costs. Consequently, connected miscellaneous petitions are closed.
13.08.2024
Index : Yes / No
Neutral Citation : Yes / No
CM
To
1. Motor Accident Claims Tribunal
(Additional District and Session) (F.T.C), Pudukkottai.
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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and Cross Obj(MD)No.43 of 2008
SUNDER MOHAN, J.
CM
Judgment made in
and Cross Obj(MD)No.43 of 2008
and M.P(MD)Nos.2 and 3 of 2008
13.08.2024
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