Madras High Court

A.Saranya Arun vs V.Natarajan (Died) on 7 February, 2025

                                                                            C.M.A.(MD)Nos.1688 and 1689 of 2024



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated : 07.02.2025

                                                    CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                   C.M.A.(MD)Nos.1688 and 1689 of 2024
                                                  and
                                  C.M.P.(MD)Nos.18060 and 18062 of 2024


                A.Saranya Arun          ... Appellant in C.M.A.(MD)No.1688 of 2024

                Minor A.S.Aniruth
                Rep. By his natural guardian/
                his mother
                A.Saranya Arun           ... Appellant in C.M.A.(MD)No.1689 of 2024

                                                 Vs.

                V.Natarajan (Died)

                1.The Branch Manager,
                  National Insurance Company,
                  Commercial Plot No.3,
                  80 Feet Road, Vaigai Colony,
                  Anna Nagar,
                  Madurai – 625020.

                2.G.Arun

                3.Branch Manager,
                  HDFC ERGO General Insurance Co. Ltd.,
                  2488 B-IC C-I, Rekha Towers,
                  Kamarajar Salai,
                  Madurai – 625 009.


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                                                                                     C.M.A.(MD)Nos.1688 and 1689 of 2024

                4.Vasuki Natarajan

                5.Elilarasan

                6.Sudarsan                                                  ... Respondents in both C.M.As.

                COMMON PRAYER : Civil Miscellaneous Appeals filed under Section 173
                of the Motor Vehicles Act, 1988, to set aside the judgment and decree passed in
                M.C.O.P.Nos.597 of 2016 and 20 of 2017, dated 22.01.2024 on the file of the
                Motor Accident Claims Tribunal cum Special Sub Court, Madurai.
                                  For Appellant           : Mr.R.Muruga Boopathy
                                  (in both C.M.As.)
                                  For R1                  : Ms.S.Thilka Karthika
                                  (in both C.M.As.)
                                  For R3                  : Mr.V.Sathivel
                                  (in both C.M.As.)
                                  For R2, R4 to R6        : Dispensed with
                                  (in both C.M.As.)


                                                 COMMON JUDGMENT

These Civil Miscellaneous Appeals have been filed by the

appellants/claimants, challenging the common award passed by the learned

Motor Accident Claims Tribunal (Special Sub Judge), at Madurai, in

M.C.O.P.Nos.597 of 2016 and 20 of 2017, dated 22.01.2024.

2.The factual matrix of the present case, briefly stated, are as under:-

On 19.01.2014, the appellants along with their family was driving a Car

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C.M.A.(MD)Nos.1688 and 1689 of 2024

from Tirupati to Madurai and then passed through Pulluthipatti Village near

Trichy on the Trichy – Madurai National Highway Road. The driver of the lorry

bearing registration No.TN-39-J-8118 belonging to deceased Natarajan was

driving on the left side of the highway. While the said car was driven on the

right side of the highway, the driver of the lorry suddenly turned from left side

to the right side without giving any signal and dashed against the car and the

car crashed into median barrier on the highway. Due to which, the appellants

suffered severe injuries. The appellants suffered permanent disability. Hence,

the appellants have filed the claim petitions, seeking compensation.

3.Five witnesses were examined and 28 documents were marked on the

side of the claimants/appellants. No witness was examined and no document

was marked on the side of the respondents. Two Court witnesses were

examined and four Court documents were marked. The learned Tribunal

allowed the claim petitions, directing the respondents 1, 4 to 6 to pay a sum of

Rs.1,44,600/- as compensation to the claimant in M.C.O.P.No.597 of 2016 and

a sum of Rs.25,000/- as compensation to the injured in M.C.O.P.No.20 of 2017.

Challenging the same, this Civil Miscellaneous Appeals are filed, seeking

enhancement of award amount.

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C.M.A.(MD)Nos.1688 and 1689 of 2024

4.The claim of the learned counsel for the appellants is that the learned

Tribunal had erred by not fixing any compensation under the head medical

expenses. Despite having marked the medical bills, Ex.P14 and Ex.P19 in both

the cases, M.C.O.P.Nos.597 of 2016 and 20 of 2017 separately, the learned

Tribunal had left out the compensation under the said head, which should have

been rightfully awarded.

5.Heard the learned counsel for the appellant, the learned counsel for the

respondents and carefully perused the materials available on record.

6.I carefully perused the medical bills produced before me. A careful

perusal of the medical bills would reveal that not all the expenditures could be

taken as medical expenditures. Hence, on the basis of the calculation excluding

the non medical expenditures, I am of the considered view that an amount of

Rs.1,00,000/- under Ex.P14, can be awarded to the claimant in M.C.O.P.No.

597 of 2016 and an amount of Rs.46,048/- under Ex.P19 can be awarded to the

claimant in M.C.O.P.No.20 of 2017 under the head medical expenses and the

common award passed by the learned Tribunal is modified accordingly. The

learned Tribunal, on the basis of the available documents has observed that,

though the policy document pertaining to the vehicle of the deceased

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C.M.A.(MD)Nos.1688 and 1689 of 2024

V.Natarajan has not been produced by either parties, has further recorded that

the 1st respondent insurance company has neither refuted nor accepted the

factum of the deceased's vehicle is insured with them. Hence, the learned

Tribunal concluded that the vehicle of the deceased is insured with the 1st

respondent and directed the respondents 1, 4 to 6 to pay the compensation to

the claimants. Accordingly, the respondents 1, 4 to 6 are liable to pay the

compensation. In view of the above, the Civil Miscellaneous Appeals are partly

allowed.

7.The compensation for appellant/claimant in C.M.A.(MD)No.1688 of

2024 is tabulated hereunder:-

Head Compensation Compensation Reduced/Enhanc awarded before awarded before ed/ learned Tribunal this Court Confirmed/ Modified (I)Partial Rs.80,000/- Rs.1,60,000/- Confirmed Permanent Disability:

(ii)Loss of Rs.32,000/- Rs.18,000/- Confirmed income:

(iii)Pain and Rs.15,000/- Rs.1,000/- Confirmed Suffering:

(iv)Attendar Rs.1,600/- Rs.10,000/- Confirmed Charges:

(v)Extra Rs.5,000/- Rs.10,500/- Confirmed nourishment:

(vi)Discomfort Rs.10,000/- Rs.10,000/- Confirmed suffered:

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C.M.A.(MD)Nos.1688 and 1689 of 2024

(vii)Transportatio Rs.1,000/- Rs.1,000/- Confirmed n Expenses:

                      (viii)Medical     -                         Rs.1,00,000/-            Modified
                      Expenses:
                      Total             Rs.1,44,600/-             Rs.2,44,600/-            Enhanced
                      compensation
                      awarded:

8.7.The compensation for appellant/claimant in C.M.A.(MD)No.1689 of

2024 is tabulated hereunder:-

Head Compensation Compensation Reduced/Enhanc awarded before awarded before ed/ learned Tribunal this Court Confirmed (I)Injuries Rs.25,000/- Rs.25,000/- Confirmed sustained:

                      (ii)Medical       -                         Rs.46,048/-              Modified
                      Expenses:
                      Total             Rs.25,000/-               Rs.71,048/-              Enhanced
                      compensation
                      awarded:

9.The appellant/claimant in C.M.A.(MD)No.1688 of 2024 is entitled to a

sum of Rs.2,44,600/- with interest at the rate of 7.5% from the date of the claim

petition till the date of realization. The appellant/claimant in C.M.A.(MD)No.

1689 of 2024 is entitled to a sum of Rs.71,048/- with interest at the rate of 7.5%

from the date of the claim petition till the date of realization. The respondent 1,

4 to 6 are directed to deposit the aforesaid amount with 7.5% interest from date

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C.M.A.(MD)Nos.1688 and 1689 of 2024

of the claim petition till the date of realization and the amount if not deposited

earlier, has to be deposited within a period of 8 weeks from the date of receipt

of copy of this order. On such deposit, the major claimant/appellant in C.M.A.

(MD)No.1688 of 2024 is permitted to withdraw the award amount, after

deducting any amount received by her earlier. Insofar as the share of the minor

claimant/appellant in C.M.A.(MD)No.1689 of 2024 is concerned, the Tribunal

is directed to deposit the same in a Fixed Deposit under a periodically

renewable scheme till he attain majority and the major claimant/appellant in

C.M.A.(MD)No.1688 of 2024, the Guardian of the minor, is permitted to

withdraw the interest accrued thereon once in three months for the welfare of

the minor. The appellants/claimants are not entitled for interest for the default

period, if there is any. There shall be no order as to costs. Consequently,

connected miscellaneous petition is closed.