Claimants appealed against an award limited to no fault liability compensation because they had adduced no evidence despite pleading entitlement under Section 166 of the Motor Vehicles Act. The High Court set aside the Tribunal's award and remanded the matter for fresh consideration on merits, granting claimants one more opportunity to prove their claim.
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.
C.M.A. No.663 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.663 of 2021
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 as against the fair and decretal order dated 20.02.2017 passed in MCOP No.244 of 2014 on the file of Motor Accident Claims Tribunal at Coimbatore (Spl. Sub Court, Coimbatore).
For Appellants :Mr.K. Myilsamy For Respondents :R1 & R2 – No appearance R3 – Ms.R. Sreevidhya
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C.M.A. No.663 of 2021
JUDGMENT
This appeal has been filed by the claimants aggrieved by the impugned award, wherein the compensation has been awarded in favour of the claimants only under the “no fault liability”, though the appellants claim that they are entitled for full compensation as per Section 166 of the Motor Vehicles Act.
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C.M.A. No.663 of 2021
Act and the Tribunal has erroneously granted compensation under the “no fault liability” provision. The appellants have also pleaded that they are having all documentary evidence to prove that they are entitled for compensation under Section 166 of the Motor Vehicles Act. Admittedly, in the case on hand, the witnesses of the appellants/ claimants were not examined. However, the Tribunal based on the available materials without any evidence has awarded compensation to the appellants / claimants under the “no fault liability”, though the appellants have categorically pleaded that they are entitled to claim compensation as per the provisions of Section 166 of the Motor Vehicles Act. Being a welfare legislation, the claimants / appellants will have to be granted with one more opportunity for them to adduce the evidence to enable them to prove their claim that they are entitled for compensation as per the provisions of Section 166 of the Motor Vehicles Act.
remanded back to the Tribunal for fresh consideration on merits and in accordance with law.
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20.02.2017 passed by the Special Sub Court, Coimbatore in MCOP
No.244 of 2014 is hereby set aside by this Court and the matter is remanded back to the very same Tribunal for fresh consideration on merits and in accordance with law. The Tribunal is directed to pass a final award, within a period of six months from the date of receipt of a copy of this judgement. No costs.
22.04.2024
Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
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C.M.A. No.663 of 2021
ABDUL QUDDHOSE, J.
vsi2
To
2. The Section Officer, V.R. Section, High Court of Madras, Chennai – 104.
C.M.A. No.663 of 2021
22.04.2024
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1 issue framed by the court
Should claimants be allowed to adduce evidence to claim full compensation under Section 166 MVA instead of the no fault liability award granted without evidence?
2 provisions across 2 enactments
Saraswathy
Sureshkumar
Kavitha
P. Praveen Kumar
S. Puvikumar
M/s.The National Insurance Company Ltd.
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
