Madras High Court
The Managing Director vs Muthu (Died) on 14 February, 2025
C.M.A.(MD)No.196 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.196 of 2019
and
C.M.P.(MD)No.2544 of 2019
The Managing Director,
Tamil Nadu Transport Corporation,
Bye Pass Road,
Madurai. ... Appellant / Respondent
Vs.
1.Muthu (Died)
2.M.Rakkammal
3.M.Muthu Eswari
4.M.Jeyaraman ... Respondents
(Respondents 2 to 4 are impleaded as LRS of deceased
sole respondent vide Court order dated 05.09.2019 made
in C.M.P(MD)No.7166 to 7169/2019 in C.M.A.No.
196/2019)
(Name of the 4th respondent is amended vide Court order
dated 10.07.2023 made in C.M.P.(MD)No.1442 of 2022 in
C.M.A.(MD)No.196/2019)
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 ® of
CPC, 1908, against the award and decree made in M.C.O.P.No.671 of
2009 dated 02.04.2016 on the file of the Motor Accident Claims
Tribunal / III Additional Sub Court, Madurai.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.196 of 2019
For Appellant : Mr.P.Prabhakaran
R-1 : Died
For R-2 to R-4 : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed against the award and
decree made in M.C.O.P.No.671 of 2009 dated 02.04.2016 on the file of
the Motor Accident Claims Tribunal / III Additional Sub Court,
Madurai.
2.For the sake of convenience, the parties herein are referred to as
per their ranking before the Trial Court.
3.On 06.11.2008, at about 7.45 P.M., while the petitioner was
riding in a cycle along the Madurai to Theni main road near Valandur
Kodipulli Thottam, from the east to west direction, the Government bus
bearing Registration No. TN 58 N 0740 which came into opposite
direction dashed against the claimant. As a result of which, the
claimant had sustained multiple injuries and fractures. Hence, claiming
compensation, the claimant filed M.C.O.P.No.671 of 2009 on the file of
https://www.mhc.tn.gov.in/judis
the Motor Accident Claims Tribunal / III Additional Sub Court,
Madurai.
4.The learned Tribunal examined three witnesses on the side of
the petitioner and marked Ex.P-1 to Ex.P-9 and did not examine any
witness on the side of the respondent, documents were also not
marked. On the basis of the arguments made by the respective parties,
the materials available on record and the evidence deposed on the side
of the petitioner, the learned Tribunal passed an award of Rs.2,77,000/-
(Rupees Two Lakhs Seventy Seven Thousand only). Challenging the
same, the Insurance Company is before this Court by way of a Civil
Miscellaneous Appeal.
5.A total amount of Rs.2,77,000/- (Rupees Two Lakhs Seventy
Seven Thousand only) has been awarded as compensation for the
partial disability incurred by the claimant. The partial disability was
fixed at 54%, and the medical documents were marked as Exhibit B8.
An accident occurred on 06.11.2008 and at that point of time only Rs.
2000/- (Rupees Two Thousand only) for one percent of disability ought
to have been fixed. However Rs.3000/- (Rupees Three Thousand only)
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came to be fixed and thus a total amount of compensation of Rs.
2,77,000/- (Rupees Two Lakhs Seventy Seven Thousand only) has been
arrived at by the learned Motor Accident Claims Tribunal. But the
pertinent point is that the claim made by the claimant itself is Rs.
2,00,000/- (Rupees Two Lakhs only).
6.But the learned Tribunal had come forward to pass a
compensation of Rs.2,77,000/-(Rupees Two Lakhs Seventy Seven
Thousand only). However, this Court is of the considered view that since
the payment of the compensation amount has been delayed due the
pendency of this CMA, the compensation per percentage of disability
can be fixed at Rs.2500/- (Rupees Two Thousand and Five Hundred
only). Hence, under the head of loss of partial disability is modified from
Rs.1,62,000/- (Rupees One Lakh Sixty Two Thousand only) to Rs.
1,35,000/- (Rupees One Lakh and Thirty Five Thousand only) and all
the other heads would remain the same. The modified amount is as
follows:
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S.No. Description Amount
1. Loss of partial disability Rs.1,35,000
(Rs.2500 * 1% * 54*)
2. Future Medical expenses Rs. 40,000
3. Pain and sufferings Rs. 25,000
4. Loss of income Rs. 35,000
5. Medical attendants Rs. 5,000
6. Nourishment Rs. 10,000
Total Rs.2,50,000/-
7.With the above modification, this Civil Miscellaneous Appeal is
disposed of. No costs. Consequently, connected miscellaneous petition
is closed.
8.The appellant is directed to deposit the modified compensation
amount as awarded by the Tribunal with accrued interest and costs to
the credit of M.C.O.P.No.671 of 2009 on the file of the Motor Accident
Claims Tribunal / III Additional Sub Court, Madurai, within a period of
eight weeks (8) from the date of receipt of copy of this judgment, less the
amount, if any already deposited. On such deposit, the claimants are
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permitted to withdraw the said amount, less the amount, if any already
withdrawn, by making necessary application before the Tribunal. No
costs.
14.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
Sml
To
The Motor Accident Claims Tribunal /
III Additional Sub Court, Madurai.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.,
Sml
14.02.2025
https://www.mhc.tn.gov.in/judis
