Madras High CourtCMA(MD)/469/2015dismissed

The Oriental Insurance Company v. V.Muthupandi,

2017-10-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.469 of 2015 and MP(MD)No.3 of 2015 The Oriental Insurance Company Ltd, through its Divisional Manager, 16, North Veli Street, Madurai - 625 001.

... Appellant/2nd Respondent Vs.

1.V.Muthupandi ... 1st Respondent/Petitioner 2.A.Abdul ... 2nd Respondent/1st Respondent Prayer: This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree order made in MCOP.No.2090 of 2008, dated 30.10.2013 on the file of the Motor Accidents Claims Tribunal, (IV Additional Sub Judge), Madurai. For Appellant : Mr.C.Ramachandran For Respondents : Mr.M.P.Senthil for R1 No appearance for R2

JUDGMENT

The Oriental Insurance Company Limited has filed this appeal questioning the award dated 30.10.2013 made in MCOP.No.2090 of 2008 on the file of the Motor Accidents Claims Tribunal, IV Additional Sub Judge, Madurai.

2.The first respondent herein is the claimant. The first respondent was travelling in a goods vehicle on 16.06.2008 as a cleaner cum loadman. The vehicle capsized on account of the rash and negligence driving of the driver. The claimant suffered injuries. The vehicle was insured with the appellant herein. The Tribunal fixed the negligence on the driver. The claimant examined https://hcservices.ecourts.gov.in/hcservices/ himself as PW 1. He sustained 57% partial permanent disability.

3.The Tribunal awarded a sum of Rs.1,98,249/- after awarding compensation under other conventional heads. The approach of the Tribunal cannot be faulted. Considering the injuries suffered by the claimant, the award amount is also not excessive. There is no need to interfere with the same. This appeal is without any merit. It stands dismissed.

4.The appellant insurance company is directed to deposit the entire compensation amount with accrued interest and costs as awarded by the Tribunal within a period eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any by filing proper application before the Tribunal.

5.This Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The IV Additional Sub Judge, Motor Accidents Claims Tribunal(IV Additional Sub Court), Madurai.

2. The Record Keeper, Madurai Bench of Madras High Court, Madurai.

Copy to:

A.Abdul, S/o. Alaudeen, 32, Chettiyoorani 4th Lane, Madurai.

+1cc to M/S.M.P.SENTHIL, Advocate SR.No.84087. +1cc to M/S.C.RAMACHANDRAN, Advocate SR.No.84051. C.M.A.(MD)No.469 of 2015 and MP(MD)No.3 of 2015 27.10.2017skm SDS/GT/SAR 4/05.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/