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T. Arunraj Vs. Saravanan and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA(MD)No. 1014 of 2005
Judge
AppellantT. Arunraj
RespondentSaravanan and Another
Excerpt:
.....05.11.2003 on the file of the motor accidents claims tribunal, (second additional subordinate judge), madurai.) 1. the civil miscellaneous appeal is filed against the order passed in mactop.no.465 of 1995 dated 05.11.2003 on the file of the motor accidents claims tribunal, (second additional subordinate judge), madurai. 2. it is the case of injury caused due to the accident that took place on 22.07.1993 at about 12.50 noon on madurai alagarkoil road. the injured/victim filed a claim petition seeking compensation before the motor accidents claims tribunal, (second additional subordinate judge), madurai and the tribunal by considering the facts and circumstances of the case, awarded rs.25,000/- as total compensation with interest at 9% per annum under no fault liability. the claimant.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai.)

1. The Civil Miscellaneous Appeal is filed against the order passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai.

2. It is the case of injury caused due to the accident that took place on 22.07.1993 at about 12.50 noon on Madurai Alagarkoil road. The injured/victim filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai and the Tribunal by considering the facts and circumstances of the case, awarded Rs.25,000/- as total compensation with interest at 9% per annum under no fault liability. The claimant has filed the present appeal for enhancement of compensation on various grounds.

3. The learned counsel for the appellant submitted that though the Tribunal accepted 36% disability for the appellant/claimant, it has not awarded any amount under the head of disability. Hence he prayed to award compensation under the head of disability.

4. Mr.K.Bhaskaran, learned counsel for the second respondent has submitted that it is a case of no fault liability and the Tribunal rightly awarded compensation, in spite of the fact that the disability was fixed as 36%, for the injured.

5. It is a case of disability. The disability was fixed at 36% to the victim and the same was not considered by the Tribunal and now after ten years, the appeal has been filed by the claimant for enhancement of the compensation for 36% disability fixed in addition to the compensation awarded by the Tribunal of Rs.25,000/-.

6. It is the case of minor involving in the accident. herefore, the negligence aspect shall not be considered by the Courts and Tribunal. The children cannot be fixed with liability of negligence since they might not have aware of road signals. The person, who drives the vehicle should be expected to be cautious on the road. Such being the situation, this Court is inclined to enhance the compensation by awarding a sum of Rs.36,000/- for 36% disability. Accordingly, the award of the Tribunal passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai is set aside and the compensation awarded by the Tribunal is enhanced from Rs.25,000/- to Rs.61,000/-.

7. The learned counsel for the second respondent has request this Court that the interest fixed at the rate of 9% may be reduced to 6% for enhanced compensation.

8. Considering the request made by the learned counsel for the second respondent, the interest rate is fixed at 6% for enhanced compensation from the date of filing of the petition.

9. In the result, the Civil Miscellaneous Appeal is allowed. The award passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai is set aside. No costs. Consequently, connected miscellaneous petition is closed.

10. The respondent Insurance Company is directed to deposit the modified award amount with accrued interest and costs to the credit of the claim petition if not already deposited, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the appellant /claimant is permitted to withdraw the entire modified award amount with proportionate accrued interest and costs through RTGS, by filing necessary application before the Tribunal concerned.


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