Appeal by legal representatives of deceased motor accident victim challenging the compensation awarded by the Tribunal. The Court enhanced the compensation by allowing the claimed medical bills while upholding other heads of award.
Compensation enhanced from Rs. 13,49,000/- to Rs. 18,21,034/- with 7.5% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Miscellaneous Appeal No.2982 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22/11/2024
C O R A M
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI
C.M.A.No.2982 of 2024
K. Kaliyammal (died)
Vs
PRAYER : Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 19/4/2023 made in M.C.O.P.No.6029 of 2016 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai.
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Civil Miscellaneous Appeal No.2982 of 2024
For appellant ... Mr.A.A.Venkatesan For respondents ... NDW – for R.1
Mr.S.Dakshinamoorthy for R.2.
J U D G M E N T
Challenging the compensation awarded by the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai in M.C.O.P.No.6029 of 2016,
the claimants are before this Court.
On 6/7/2016 at about 11.40 hours, while the deceased was riding in a
motorcycle bearing Registration No.TN-45-R-2148 along the Ariyalur to Keelappazhur road from South to North direction, a car bearing Registration No.TN-61-C-4849 coming from the same direction in a very rash and negligent manner driven by its driver, dashed against the deceased, thereby, the deceased was thrown out from the TVS XL super and sustained grievous
head injuries and later died.
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Civil Miscellaneous Appeal No.2982 of 2024
a sum of Rs.36,00,000/- as compensation, for the fatal injuries said to have been sustained by one Kaliyaperumal, before the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai, in M.C.O.P.No.6029 of 2016.
P.Ws.1 to 4 were examined and marked Exs.P.1 to P.35 and on the side of
the respondents, no witness was examined and no document was marked.
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Civil Miscellaneous Appeal No.2982 of 2024
though a sum of Rs.13,49,000/- was awarded as compensation under the heads loss of dependency, loss of consortium, loss of estate and funeral expenses, the trial Court has not awarded any amount under the heads of medical expenditure and love and affection.
hence, prays for dismissal of this Civil Miscellaneous Appeal.
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Civil Miscellaneous Appeal No.2982 of 2024
appearing for the second respondent that after re-totalling the medical bills, the appellants are entitled to Rs.4,72,034/-, this Court is inclined to award a sum of Rs.4,72,034/- under the head medical bills. With regard to other heads, this Court is not inclined to interfere with the same.
| S.No. | Heads | Rs. |
|---|---|---|
| 1. | Loss of dependency | 10,08,000/- |
| 2. | Loss of consortium | 3,08,000/- |
| 3. | Loss of Estate | 16,500/- |
| 4. | Funeral expenses | 16,500/- |
| 5. | Medical bills | 4,72,034/- |
| Total | 18,21,034/- |
Rs.18,21,034/- (Rupees Eighteen lakhs twenty one thousand and thirty four only). The appellants are entitled for equal share, with interest at the rate of 7.5% p.a., from the date of petition till the date of realisation. The second respondent/Insurance Company is directed to deposit the award amount, as Page No:5/7
Civil Miscellaneous Appeal No.2982 of 2024
ordered by this Court with interest, after deducting the amount, if any
M.DHANDAPANI,J
mvs. already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the same, on making proper application before the Tribunal.
No costs.
22/11/2024
mvs.
Index : Yes / No Neutral Citation: Yes/No
To
C.M.A.No.2982 of 2024
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1 issue framed by the court
Whether the compensation awarded by the Tribunal under heads other than medical bills was adequate?
1 provisions across 1 enactments
K. Kaliyammal
K. Rukkumani
R. Bama
R. Sundari
K. Krishnamoorthy
Sumithra
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
