Manonmani v. Jeevarathinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2020 C O R A M THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A.No.1978 of 2014 Manonmani ..Appellant/Petitioner

Versus

1.Jeevarathinam S/o. Chinnasamy 2.Divisional Manager, The New India Assurance Co. Ltd., No.48, Big Street, Tiruvannamalai.

(The 1st respondent was set ex-parte before the Tribunal) ..Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed against the order and decree dated 30.01.2013 made in M.A.C.T.O.P.No.219 of 2010 on the file of the Motor Accident Claims Tribunal and District Judge, Tiruvanamalai.

For Appellant : Mrs. Subadra For 2nd Respondent : Mr.J. Chandran R1 - Exparte

J U D G M E N T

This appeal has been filed by the appellant against the Judgment and order in M.A.C.T.O.P. No.219 of 2010 dated 30.01.2013 on the file of the Motor Accident Claims Tribunal and District Judge, Tiruvanamalai whereby the claim petition by the Claimant/the appellant herein was dismissed by the Tribunal.

2. The appellant has filed the aforesaid claim petition before the Tribunal seeking for compensation of Rs.10,00,000/- (Rupees Ten Lakhs Only) due to the death of her son after sustaining fatal injuries in the road accident. The Tribunal has dismissed the claim petition in the absence of any medical evidence and on the ground of the deposition made by the P.W.3/Dr. Ravindran before the Tribunal.

3. Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent and perused the entire documents produced before this Court.

4. It is admitted fact that the accident has occurred due to rash and negligent driving of the 1st respondent's Tata Indica Car Driver.

5. Further, it can be seen on perusal of the Disability Certificate/Ex.P9 stating that the deceased got injuries on head and over all body and he cannot move without others help as well as mostly being bed ridden condition which caused by the road accident.

6. It is also stated that the appellant is widow and mother of the deceased who was an agriculturist Coolie and unmarried and drawing a monthly income of Rs.7,000/- pm. However, the proof of the income is not provided by the appellant.

7. Taking into consideration the aforesaid observation and after going through oral and documentary evidence of P.W.1/mother of the deceased and Ex.P2/Harigopal who were at the time of the accident corroborated with Ex.P1 to Ex.P9, this Court is considered view to fix the disability @ 50% and income of the deceased at Rs.3,000/-p.m. Accordingly, the appellant is entitled for the compensation as details given below: Particulars Amount (in Rs.) SL.

No.

Loss of dependency 150,000.00 Love and affection 15000.00 Funeral Expenses 10000.00 Pain, shock and Sufferings 20,000.00 Attender Charges 10,000.00 Medical Expenses in the absence of medical bills except two bills.

5,000.00 Tota l Amount 2,10,000.0 8.Thus, the compensation of Rs.2,10,000/- (Rupees Two Lakhs and Ten Thousand Only) is awarded to the appellant herein with interest @ 7.5% p.a. from the date of petition till the date of deposit and the Insurance Company is directed to deposit the aforesaid award amount within a period of four weeks from the date of receipt of copy of this order.

9. On such deposit, the appellant is permitted to withdraw the award amount without filing any formal petition.

10. In the result, the appeal is partly allowed. Accordingly, the impugned award passed by the Tribunal is set aside hereby. There shall be no order as to costs. s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar lbm To 1.Motor Accident Claims Tribunal and District Judge, Tiruvanamalai.

2.The Section Officer, V.R.Section, High Court, Madras.

+1 CC to M/s.M. Malar, Advocate sr 13788 +1 CC to Mr.J. Chandran, Advocate sr 13842.

C.M.A.No.1978 of 2014 KJ(CO) SP(31/08/2021)