Madras High Court
D.Subburaj (Died) vs S.Bharathi on 29 January, 2025
C.M.A.(MD) No.631 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.631 of 2009
1.D.Subburaj (died)
2.S.Gokila
3.Minor S.Jothiprakash
Represented by his mother and guardian
S.Gokila/2nd appellant
4.R.Ramu
5.S.Devamsam ...
Appellants
vs.
1.S.Bharathi
2.M/s.United India Insurance Company Limited
through its Divisional Manager,
No.7, West Veli Street,
Madurai – 625 001. ...
Respondents
(A2 to A5 were brought on record as the
LRs of the decease A1 vide M.P.(MD)No.2 & 3/2012
dated 05.10.2015)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1973, against judgment and decree dated
09.07.2007 passed in M.C.O.P.No.1963 of 2002 on the file of the
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Page No. 1 of 6
C.M.A.(MD) No.631 of 2009
Motor Accidents Claims Tribunal, Additional District Court, Fast
Track Court No.1, Madurai.
For appellants : Mr.PT.S.Narendra Vasan
For Respondents
For R1 : Given up
For R2 : No appearance
*****
JUDGMENT
Not being satisfied with the Award dated 09.07.2007 in
M.C.O.P.No.1963 of 2002 by the Motor Accidents Claims Tribunal,
Additional District Court/Fast Track Court No.1, Madurai, the
claimant/first appellant herein, has filed this appeal for
enhancement of compensation.
2. During the pendency of this appeal, the claimant/first
appellant died on 15.07.2011 and his legal heirs were impleaded
as appellant Nos.2 to 5 (wife, son and parents).
3. From the medical records, it is deducible that the
claimant/first appellant had suffered segmental fracture of right
femur, due to which, the implants were fixed and thereafter, they
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were removed. Further, he had suffered both bone fracture in the
right leg and for that, he had undergone six surgeries and he was
suffering of non-union of the same with the problem of shortening
of leg. As the claimant/first appellant is no more, the legal heirs are
not entitled to any enhancement under non-pecuniary loss.
4. In consideration of the abovesaid details, for transport
expenses, for extra nourishment and for attendant charges, an
amount of Rs.15,000/- is granted under each head in addition to
the amount already granted by the Tribunal. The Tribunal has
awarded a sum of Rs.5,39,998/-. The said amount is enhanced to
Rs.5,84,998/- (Rs.5,39,998/- + Rs.45,000/-).
17. In the result,
(i) The Civil Miscellaneous Appeal stands partly allowed. No
costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.5,39,998/- to Rs.5,84,998/-.
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(iii) The second respondent/Insurance Company is directed to
deposit the enhanced compensation amount of Rs.5,84,998/- (less
the amount already deposited if any) with interest at 7.5% p.a. from
the date of filing of the claim petition till the date of realisation to the
credit of M.C.O.P.No.1963 of 2002 on the file of Motor Accidents
Claims Tribunal, Additional District Court/Fast Track Court No.1,
Madurai, within a period of eight (8) weeks from the date of receipt
of a copy of this Judgment.
(iv) On such deposit being made, the second appellant/wife is
entitled to Rs.1,64,998/-, the appellants 3 to 5/son and parents
each are entitled to Rs.1,40,000/-. The claimants/appellants 2 to 5
are permitted to withdraw their share amount with proportionate
interest, after adjusting the amount, if any already withdrawn by
them or by the deceased claimant/first appellant, by filing
necessary application before the Tribunal.
(v) The claimant/third appellant, then minor in the year 2012,
on appropriate application/s is at liberty to withdraw his share of
amount;
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(vi) The claimants/appellants 2 to 5 are directed to pay the
Court fee for the enhanced compensation amount, if required.
(vii) The Tribunal below shall disburse the amount upon
production of the certified copy showing proof of payment of Court
fee by the claimants.
29.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
apd
To
1.The Special Subordinate Judge,
The Motor Accidents Claims Tribunal/Additional District Court,
Fast Track Court No.1, Madurai.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
R.KALAIMATHI,J
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apd
Pre-delivery order made in
29.01.2025
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