1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.878 of 2011 Kuppu Pitchai .. Appellant / Claimant Vs. 1.Senthil Kumar 2.The Branch Manager, New India Assurance Company Ltd., No.34, Alagar Kovil Street, Thallakulam, Madurai. .. Respondents / Respondents (R1 set exparte before tribunal) Civil Miscellaneous Appeal has been filed under Section 173 (1) of the Motor Vehicles Act, 1988, against the award dated 29.04.2011 passed in M.C.O.P.No.45 of 2010 by the Motor Accidents Claims Tribunal/Additional District Court (Fast Track Court), Ramanathapuram. For Appellant .. Mr.K.Kumaravel For Respondent .. No appearance No.1 For Respondent .. Mr.M.Ramadas No.2 JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 29.04.2011 passed in M.C.O.P.No.45 of 2010 by the Motor Accidents Claims Tribunal/Additional District Court (Fast Track Court), Ramanathapuram. 2. The appellant herein as petitioner has filed M.C.O.P.No.45 of 2010 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.5,00,000/- by way of compensation, wherein the present respondents have been shown as respondents. 3. It is stated in the petition that on 21.09.2009 at about 11.30 a.m., the petitioner has travelled on the two wheeler bearing Registration No.TN-59-AL-4370 driven by one Deepak. At that time, the lorry bearing Registration No.TN-38-V-8446 has been driven in rash and negligent manner and dashed against the two wheeler, on which the petitioner has travelled and due to that the accident has happened and the petitioner has sustained multiple injuries including fractures and the lorry, which caused the accident belongs to the first respondent and insured with the second respondent. Under the said circumstances, the present petition has been filed for getting compensation for the amount mentioned therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In the counter filed on the side of the second respondent, it is stated that the entire accident has happened only due to the rider of the two wheeler and the driver of the first respondent has no connection whatsoever with the accident and the petitioner has claimed excessive compensation and altogether the present petition deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded Rs.1,27,140/- by way of compensation. In order to enhance the same, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. The learned counsel appearing for the appellant/petitioner has sparingly contended that Ex.P.16 is a certified copy of Medical Bills issued by Vikram Hospital, where the petitioner has received treatment and likewise Ex.P.20 also issued by the same hospital. The Motor Accidents Claims Tribunal without considering Exs.P.16 and P.20 has erroneously awarded compensation of Rs.1,27,140/- and further the Motor Accidents Claims Tribunal has rejected the amount mentioned in Ex.P.16 on the ground that the amount mentioned therein has been given by Star Health and Allied Insurance Company Limited and the view taken by the Motor Accidents Claims Tribunal is erroneous and therefore the award passed by the Motor Accidents Claims Tribunal is liable to be enhanced. 7. The learned counsel appearing for the second respondent has contended that since the amount mentioned in Ex.P.16 has not been paid by the petitioner and the same has been paid by Star Health and Allied Insurance Company Limited, the petitioner is not entitled to get the amount mentioned therein and the Motor Accidents Claims Tribunal has rightly rejected the amount mentioned in Ex.P.16 and therefore the award passed by the Motor Accidents Claims Tribunal need not be enhanced. 8. On the basis of the rival submissions made on either side, the Court has to look into as to whether the petitioner is entitled to get the amounts mentioned in Ex.P.16 as well as in Ex.P.20? 9. It is an admitted fact that the petitioner has taken the said Insurance Policy and the the entire amount mentioned in Ex.P.16 has been given by the concerned Insurance Company. 10. It is an everlasting principle of law that the amount paid in pursuance of Insurance Policy, cannot be a basis for rejecting the same in a case like this and therefore the view taken by the Motor Accidents Claims Tribunal with regard to the amount mentioned in Ex.P.16 is totally erroneous and the petitioner is entitled to get the amount mentioned in Ex.P.16. In Ex.P.20 total amount of Rs.5,800/- is mentioned. But the Motor Accidents Claims Tribunal has https://hcservices.ecourts.gov.in/hcservices/ 3 awarded only Rs.1,800/- and on that ground the award passed by the Motor Accidents Claims Tribunal is erroneous and the same is liable to be enhanced. 11. In Ex.P.16 total amount of Rs.50,000/- is mentioned. Likewise, in Ex.P.20 total amount of Rs.5,800/- is mentioned. The Motor Accidents Claims Tribunal has already awarded Rs.1,800/- on the basis of Ex.P.20. Considering the fact mentioned supra, this Court is of the view that the appellant/petitioner is entitled to get Rs.54,000/- in addition to the quantum of award passed by the Motor Accidents Claims Tribunal and in aggregation the appellant/petitioner is entitled to get Rs.1,81,140/- and to that extent, the present Civil Miscellaneous Appeals can be allowed in part. 12. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.45 of 2010 by the Motor Accident Claims Tribunal/Additional District Court (Fast Track Court), Ramanathapuram is modified as follows: The appellant/petitioner is entitled to get Rs.1,81,140/- by way of compensation. In other aspect, the award passed by the Motor Accident Claims Tribunal is confirmed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal/ Additional District Judge, (Fast Track Court), Ramanathapuram. +1cc to Mr.M.Ramadhas, Advocate, Sr.No.28057 +1cc to Mr.K.Kumaravel, Advocate, Sr.No.28077 C.M.A(MD)No.878 of 2011 17.08.2011 smn SMA/30.08.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/