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)
1/8
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C.M.A.(MD)No.1394 and 1395 of 2024
For R2 : Mr.S.Srinivasa Raghavan
(in both C.M.As)
For R1 : Exparte
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
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C.M.A.(MD)No.1394 and 1395 of 2024
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 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
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C.M.A.(MD)No.1394 and 1395 of 2024
second respondent and carefully perused the materials available on record.
6.A careful perusal of those documents would reveal that the same are 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, (*) more particularly the medical bills and service register for the
purpose of enhancement of compensation on head of loss of income 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
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C.M.A.(MD)No.1394 and 1395 of 2024
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 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
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C.M.A.(MD)No.1394 and 1395 of 2024
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 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.
Sd/-
Assistant Registrar
(*)Corrected as per the order of this court dated 04.04.2025 made in
CMA(MD).Nos. 1394 and 1395 of 2024.
Sd/-
Assistant Registrar(CO)
// True Copy //
/04/2025
Sub Assistant Registrar( )
Mrn
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C.M.A.(MD)No.1394 and 1395 of 2024
To be substituted to the order which is already despatched on 17.03.2025
To
1. Sub Court,
Kulithalai.
2. The Motor Accidents Claims Tribunal,
(Sub Judge), Kulithalai.
3.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
(I)To return the original document back to the learned counsel for the appellant
within a period of three weeks from 12.03.2025.
(II) To return the records to the Court below for conduct of trial.
+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-16547[F] dated
13/03/2025 )
+1 CC to M/s.R.S.SIVARAM, Advocate ( SR-16353[F] dated 13/03/2025 )
+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-16548[F] dated
13/03/2025 )
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C.M.A.(MD)No.1394 and 1395 of 2024
C.M.A.(MD)Nos.1394 and 1395 of 2024
12.03.2025
VN (17/03/2025) 8P / 8C
Madurai Bench of Madras High Court is issuing certified copies in this format from
17.07.2023.
VN (08/04/2025) 8P / 8C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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