B.Rajavelu v. A.Rabiathul Bashiriq

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.No.1328 of 2016 B.Rajavelu .. Appellant vs.

1.A.Rabiathul Bashiriq 2.The New India Assurance Co., Ltd., rep.by its Branch Manager, Karaikal.

..Respondent This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 against the Judgment and decree dated 21.10.1998 made in M.C.O.P.No.43 of 1998 on the file of the Motor Accident Claims Tribunal (Pondicherry) Karaikal. For petitioner : M/s.T.Susindran

O R D E R

Being not satisfied with the award passed by the Tribunal, the claimant has filed this appeal seeking enhancement of compensation.

2.It is revealed from the records that on 19.07.1999 at about 9.00 a.m. when the claimant was driving an Ambassador Car bearing Reg.No.PY.02.9339 on the western side of the road, a lorry came from the opposite direction and in order to avoid a major accident by head on collision with the lorry, the appellant had driven his Ambassador car towards extreme left. While so, the car had hit against a tree and therefore, the appellant had sustained injuries. The appellant had moved the Motor Accident Claims Tribunal, Pondicherry with a claim petition in MCOP.No.43 of 1998, claiming a sum of Rs.2,00,000/-. 3.The second respondent alone had contested the claim. Based on the evidences both oral and documentary, the Tribunal had proceeded to award a sum of Rs.25,000/- under the head of "no fault liability."

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4.The Tribunal has stated that the appellant had sustained injuries out of his own fault in the road traffic accident during the course of his employment by the first respondent. Ex.P8 is the disability certificate which would go to show that the claimant had sustained simple injuries and therefore, based on Ex.A.11 to A13 and Ex.A14 viz., medical bills and x-ray, the Tribunal had totally awarded a sum of Rs.25,000/- under the head of " No fault liability."

5. It is significant to note here that the accident was taken place in the year 1997 i.e. 19.07.1997. The appeal seems to have been filed against the respondent/Insurance Company only for enhancement of compensation. This Court has perused the award passed by the Motor Accident Claims Tribunal, Pondicherry.

6. Having regard to all the related facts and circumstances as well as the award passed by the Tribunal, this Court finds that no grounds are available for the enhancement of compensation.

7. In view of the above, this Civil Miscellaneous Appeal is dismissed. No costs. There shall be no order as to costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar kkd To The Presiding Officer Motor Accident Claims Tribunal Pondicherry at Karaikal C.M.A.No.1328 of 2016 RP(co) aa25/10/2016 https://hcservices.ecourts.gov.in/hcservices/