Two injured claimants appealed against a motor accident compensation award seeking enhancement of medical treatment costs. The court found only prescription forms were produced without bills, so the claims were unsubstantiated, and dismissed both appeals, confirming the Tribunal's award.
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(MD)Nos.582 & 591 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)Nos.582 & 591 of 2021
Manikandan ... Appellant in C.M.A.(MD)No.582 of 2021
Seenivasaperumal ... Appellant in C.M.A.(MD)No.591 of 2021
Vs.
1.Narayanan
2.The Branch Manager, United India Insurance Company Ltd., 14/720-18, 19 BMC Complex 1st Floor, Main Road, Pavoorchathiram, Tirunelveli-627808. ... Respondents in both C.M.As.
COMMON PRAYER: Civil Miscellaneous Appeals are filed under Section 173 (1) of the Motor Vehicles Act 1988, against the order, dated 12.02.2021, passed in M.C.O.P.Nos.598 & 508 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli.
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C.M.A(MD)Nos.582 & 591 of 2021
For Appellants : Mr.T.Lenin Kumar For R1 : Mr.S.R.A.Ramachandran For R2 : Mr.A.S.Mathialagan (in both C.M.As.) *****
COMMON JUDGEMENT
These appeals have been filed by the claimants against the award passed by the Tribunal.
travelled in the TATA ACE Auto. The said Manikandan claims that the he is the load man and the said Seenivasaperumal claims that he is the owner of the goods. At the time of accident, one Esakkiraja was driving the vehicle and one Sattanathan, who is also a load man had travelled in the vehicle. The said Satthanathan died in the accident. It is submitted that the petition filed by the Sattanathan is still pending before the Tribunal.
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C.M.A(MD)Nos.582 & 591 of 2021
injuries and their disability was fixed as 30%. After taking all these facts into consideration, the Tribunal has fixed the liability on the owner of the vehicle.
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C.M.A(MD)Nos.582 & 591 of 2021
No costs.
06.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No jbr
To
1.MACT (Special Sub-Court), Tirunelveli.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A(MD)Nos.582 & 591 of 2021
S.SRIMATHY, J.
jbr
COMMON JUDGMENT made in C.M.A(MD)Nos.582 & 591 of 2021
06.02.2024
1 issue framed by the court
Whether the Tribunal's award should be enhanced for treatment expenses claimed by the injured appellants despite lack of supporting bills?
1 provisions across 1 enactments
Manikandan
Seenivasaperumal
Narayanan
The Branch Manager, United India Insurance Company Ltd.
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
