Madras High Court
Francis vs Amudha on 12 March, 2025
C.M.A.(MD)No.1394 and 1395 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 12.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.1394 and 1395 of 2024
and
C.M.P.(MD)No.17447 of 2024
Francis ... Appellant in C.M.A.(MD)No.1394 of 2024
F.Daniel Kristoper ... Appellant in C.M.A.(MD)No.1395 of 2024
Vs.
1.Amudha
2.Royal Sundaram Alliance Insurance Co. Ltd.,
Bus Plaza, 3rd Floor, No.5G Lasons Road,
Cantonment, Tiruchirappalli. ... Respondents in both C.M.As
COMMON PRAYER : Civil Miscellaneous Appeals filed under Section
173(1) of the Motor Vehicles Act, 1988, to enhance the compensation awarded
by the learned Sub Court, Kulithalai, in M.C.O.P.Nos.117 of 2013 and 327 of
2015, vide fair and decreetal order dated 26.09.2022.
For Appellant : Mr.R.S.Sivaram
(in both C.M.As)
For R2 : Mr.S.Srinivasa Raghavan
(in both C.M.As)
For R1 : Exparte
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C.M.A.(MD)No.1394 and 1395 of 2024
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed by the
appellants/claimants, challenging the award passed by the learned Motor
Accident Claims Tribunal (Sub Judge), at Kulithalai, in M.C.O.P.Nos.117 of
2013 and 327 of 2015, dated 26.09.2022.
2.For the sake of convenience, the parties are arrayed herein as per the
ranking in M.C.O.P.No.117 of 2013 and 327 of 2015.
3.The factual matrix of the present case, briefly stated, are as under:-
The claimants/injured persons are the petitioners. The first respondent is
the owner of the vehicle involved. The second respondent is the insurance
company. On 09.06.2012, at about 12.15 hours, while the petitioners were
travelling along with another Royappan in a two wheeler bearing registration
No.TN-48-S-3717 towards Koneripatti Church, a tipper lorry bearing
registration No.TN-48-Z-8899 dashed against the two wheeler, as the result of
which, the petitioners have sustained injuries and were admitted in Geethanjali
Hospital, Trichy, wherein they have taken treatment as in patient and were later
discharged. Seeking to compensate for those injuries sustained in the said
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C.M.A.(MD)No.1394 and 1395 of 2024
accident, the petitioners have filed M.C.O.P.Nos.117 of 2013 and 327 of 2015
before the learned Tribunal.
4.Four witnesses were examined on the side of the petitioners as P.W.1
to P.W.2 and 16 documents were marked as Ex.P1 to Ex.P16. No witness was
examined and no document was marked on the side of the respondents. On the
basis of arguments made by either parties, the evidence deposed and documents
marked, the learned Tribunal proceeded to fix liability on the second
respondent/insurance company and was pleased to pass an award of Rs.
1,76,000/- as compensation to the petitioner in M.C.O.P.No.117 of 2013 and an
award of Rs.53,000/- as compensation to the petitioner in M.C.O.P.No.327 of
2015. Challenging the same, these Civil Miscellaneous Appeals are filed. The
appellant in C.M.A.(MD)No.1394 of 2024 filed a petition in C.M.P.(MD)No.
17447 of 2024, seeking to receive the documents as additional documentary
evidence on the side of the appellant.
5.Heard the learned counsel for the appellant, the learned counsel for the
second respondent and carefully perused the materials available on record.
6.A careful perusal of those documents would reveal that the same are
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C.M.A.(MD)No.1394 and 1395 of 2024
original medical bills for the treatment undergone by Francis, which was not
produced before the learned Tribunal, at the time of trial due to the
inadvertence of the trial Court counsel, as claimed by the learned counsel for
the appellant before this Court.
7.Considering the fact that the litigant should not suffer for the fault of
the trial Court counsel, I am of the considered view that C.M.A.(MD)No.1394
of 2024 is a fit case to be remanded back to the learned Tribunal, for the
purpose of marking the documents and permitting the respective parties to let in
evidence through appropriate witness, for marking the said documents and
thereafter, pass appropriate orders. Hence, C.M.A.(MD)No.1394 of 2024 is
hereby remanded back to the learned Tribunal for the reasons mentioned above
and the learned Tribunal is directed to take up the matter on file for trial on
21.04.2025. Hence, C.M.A.(MD)No.1394 of 2024 is allowed.
8.As far as C.M.A.(MD)No.1395 of 2024 is concerned, the learned
counsel for the appellant relying upon the judgment passed by this Court in
C.M.A.No.3018 of 2024 dated 20.11.2024, sought to enhance the
compensation, following the mandates of the aforesaid judgment. However, I
am of the considered view that the accident in that case, had happened during
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C.M.A.(MD)No.1394 and 1395 of 2024
the year 2020. In the instant case, the accident was during the year 2012. The
learned Tribunal had examined the Doctor, who treated the injured and had
marked Ex.P14 through P.W.4. However, the Board had negated the certificate
stating that there is no partial permanent disability and the same has been
marked as Ex.C2.
9.In view of the same, the learned Tribunal had not proceeded to pass
any award under the head partial permanent disability. As far as loss of income
is concerned, the learned Tribunal has fixed Rs.6,000/- per month and a sum of
Rs.18,000/- was awarded for loss of income for three months, which is
reasonable. Hence, I do not find any infirmity in the same and I am not inclined
to interfere with the award passed in M.C.O.P.No.327 of 2015, by the learned
Tribunal.
10.Accordingly, C.M.A.(MD)No.1395 of 2024 is dismissed. The
appellant/claimant in C.M.A.(MD)No.1395 of 2024 is entitled to the award
amount with interest at the rate of 7.5% from the date of the claim petition till
the date of realization. The second respondent is directed to deposit the award
amount with 7.5% interest from date of the claim petition till the date of
realization and the amount if not deposited earlier, has to be deposited within a
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C.M.A.(MD)No.1394 and 1395 of 2024
period of 8 weeks from the date of receipt of copy of this order. On such
deposit, the appellant/claimant in C.M.A.(MD)No.1395 of 2024 is permitted to
withdraw the award amount, after deducting any amount received by him
earlier. The appellant/claimant in C.M.A.(MD)No.1395 of 2024 is 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.
12.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
Mrn
Note: (I) The Registry is directed to return the
original document back to the learned
counsel for the appellant within a period of
three weeks from 12.03.2025.
(II) The Registry is directed to return the records
to the Court below for conduct of trial.
(III) Issue order copy on 17.03.2025.
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C.M.A.(MD)No.1394 and 1395 of 2024
To
1.The Motor Accidents Claims Tribunal,
(Sub Judge), Kulithalai.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.1394 and 1395 of 2024
L.VICTORIA GOWRI, J.
Mrn
C.M.A.(MD)Nos.1394 and 1395 of 2024
12.03.2025
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