Madras High Court
Mathammal vs M.K.Karuppusamy on 8 January, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.1572 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1572 of 2019
Mathammal ...Appellant
Vs.
1. M.K.Karuppusamy
2. National Insurance Co. Ltd.,
403, Mettur Road, Bhavani,
Erode District.
3. R.Ramesh
4. N.Ramalingam ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the order made in MCOP.No.242 of 2005
on the file of the Motor Accident Claims Tribunal cum Fast Track Court
No.IV, Bhavani, Erode District dated 23.06.2008.
For Appellant : Mr.C.Kulanthaivel
For Respondents : Mr.D.Baskaran R2
No appearance, for R1
Notice not ready, for R3 & R4
1/10
https://www.mhc.tn.gov.in/judis
C.M.A.No.1572 of 2019
ORDER
This matter has been listed under the caption “For Being Mentioned”
at the instance of the learned counsel for the 2nd respondent.
2. Learned counsel for the 2nd respondent submitted that, this Court,
vide order dated 05.11.2024 dismissed this appeal, by confirming the award
of the tribunal dated 23.06.2008 made in MCOP.No.242 of 2005. However,
in Para – 9 of the said order, instead of directing the 3rd and 4th respondents
to pay the compensation as directed by the tribunal, it has been mentioned
as Insurance company, which requires to be modified. Learned counsel
appearing for the appellant also ratified the above submissions made by the
learned counsel for the 2nd respondent.
3. This Court perused the order dated 05.11.2024, more particularly
para-9 and finds that erroneously, in the 2nd line of the said para, instead of
noting that the 3rd and 4th respondents are directed to deposit the
compensation awarded by the tribunal, erroneously it has been mentioned as
‘insurance company’ and, therefore, the same requires to be corrected.
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4. Accordingly, para-9 of the order dated 05.11.2024 shall stand
replaced with the following paragraph :-
“9. In the result, the civil miscellaneous appeal is
dismissed and award passed by the Tribunal is confirmed and
as directed by the tribunal, the 3rd and 4th respondents are
directed to deposit the compensation amount with interest at
the rate of 7.5% per annum from the date of petition till the
date of realization, after deducting the amount if any already
deposited within a period of four weeks from the date of
receipt of a copy of this order. On such deposit, the Tribunal
shall deposit the same to the bank account of the appellant
through RTGS within a period of two weeks thereafter. No
costs.”
5. All the other observations made in the earlier order dated
05.11.2024 shall remain intact.
6. Registry is directed to carry out the aforesaid corrections and issue
fresh order copies to the parties.
08.01.2025
skt
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
skt
To
1.The Motor Accident Claims Tribunal cum Fast Track Court No.IV,
Bhavani, Erode District.
2.The Section Officer,
V.R.Section, High Court, Madras.
08.01.2025
https://www.mhc.tn.gov.in/judis
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Mathammal .. Appellant
Vs.
1. M.K.Karuppusamy
2. National Insurance Co. Ltd.,
403, Mettur Road, Bhavani,
Erode District.
3. R.Ramesh
4. N.Ramalingam .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the order made in MCOP. No.242 of 2005
on the file of the Motor Accident Claims Tribunal cum Fast Track Court
No.IV, Bhavani, Erode District dated 23.06.2008.
For Appellant : Mr.C.Kulanthaivel
For Respondents : Mr.D.Baskaran R2
R1, R2 – No appearance
R3 & R4 – NRN
JUDGMENT
This appellant/claimant has come forward with this appeal seeking
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enhancement of compensation by challenging the decree and judgment in
MCOP. No.242 of 2005 on the file of the Motor Accident Claims Tribunal
cum Fast Track Court No.IV, Bhavani, Erode District dated 23.06.2008.
2.Brief fact which are necessary for disposal of this appeal is as
follows:-
On 04.05.2005 at about 6.00 am, when the appellant was travelling as
a pillion rider in a Bajaj M-80 bearing Reg. No.TN 36 F 4127 which was
driven by the first respondent from Gobi to Mevani Road towards east to
west near Karunkaradu Bathalavaikkal for selling dry fish, at the time, the
Yamaha Crux Motor Cycle bearing Reg. No.TN 32 W 9925 which was
driven by the third respondent in the opposite direction, hit against the
appellant bike. Due to the said accident, the appellant sustained injuries all
over the body and her right and left below the knees both got fractured and
left shoulder and right hip bleeding injuries. Thereby, the appellant/claimant
has filed a claim Petition before the Motor Accidents Claims Tribunal
claiming compensation of Rs.3,00,000/- against the owner of the vehicle
and its insurer.
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3. Before the Tribunal, during trial, in order to prove the case, on the
side of the appellant, three witnesses were examined viz., PW1 to PW3 and
marked 16 documents viz., Exs.P1 to P16, On the side of the
respondent/Insurance company, two witnesses were examined and six
documents were marked. The Tribunal, considering the pleadings, oral and
documentary evidence, allowed the petition in part and awarded a sum of
Rs.1,54,192/- Aggrieved by the said award, the appellant has filed this
appeal before this Court for enhancement of the compensation.
4. The learned counsel for the appellant/claimant submitted that the
order passed by the claims Tribunal is contrary to law. Without considering
the nature of injuries sustained by the appellant, the Tribunal has awarded
meager compensation towards disability and pain and sufferings. The
Tribunal did not consider the gravity of injuries as well as impact and
consequences of the injuries, passed the award, which is very low. Threfore,
this Court may interfere with the same.
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5. Per contra, learned counsel appearing for the respondent/insurance
company submitted that the Tribunal has awarded the compensation towards
disability is reasonable and after elaborate trial, the Tribunal has passed award
which is perfectly in order and no need to interfere with. Hence, this Court may
dismiss the appeal.
6. This Court gave its careful consideration to the submissions
advanced by the learned counsel appearing on either side and perused the
materials available on record.
7. The factum of the accident is not disputed by the parties and so also the
liability. Therefore, this Court is not entering into the said aspect. The only
grievance of the claimant is with regard to the quantum of compensation
awarded.
8. On perusal of the award, it is seen that the appellant, before the
Tribunal, the appellant has not produced any proof with regard to her
income. The Doctor has assessed 44% disability to the appellant. Hence, the
Tribunal awarded a sum of Rs.35,000/-, which does not warrant any
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interference. In respect of the head viz., Pain and Sufferings and extra
nourishment and medical bills, the Tribunal awarded the compensation
which is just and reasonable and the same needs no interference. The
compensation awarded under other heads are reasonable.
9. In the result, the civil miscellaneous appeal is dismissed and award
passed by the Tribunal is confirmed. The insurance company is directed to
deposit the compensation amount with interest at the rate of 7.5% per
annum from the date of petition till the date of realization, after deducting
the amount if any already deposited within a period of four weeks from the
date of receipt of a copy of this order. On such deposit, the Tribunal shall
deposit the same to the bank account of the appellant through RTGS within
a period of two weeks thereafter. No costs.
05.11.2024
Index : Yes
Speaking Order : Yes
rli
To
The Judge, Motor Accident Claims Tribunal cum Fast Track Court No.IV,
Bhavani, Erode District
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI,J.
Rli
05.11.2024
https://www.mhc.tn.gov.in/judis
