CMA(MD). No.854 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the First day of December Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice K.KALYANASUNDARAM M.P.(MD).No.1 of 2013 in CMA(MD). No.854 of 2011 Indirani, Guardian of Balasubramanian ...Petitioner/Petitioner/1st Respondent Vs 1 Tamil Nadu State Transport Corporation Ltd., Madurai Division, Rep.By its Managing Director, Ranithottam, Nesamony Nagar, Nagercoil-629 001. ...1st Respondent/1st Respondent/ Appellant 2 P.Ramu Servai 3 The Divisional Manager, Oriental Insurance Company Nagercoil-629 001. ...Respondents 2 and 3 / Respondents 2 and 3 / Respondents 2 and 3 Prayer in M.P.(MD).No.1 of 2013 in CMA(MD). No.854 of 2011 : Miscellaneous Petition filed under Order IV Rule 9(4) of Appellate side Rules, praying this Court to condone the day of 292 days in representing the application for re-hearing in M.P.SR.Nos.14813 and 17666 of 2012 in CMA(MD). No.854 of 2011. Prayer in M.P.SR.No.14813 of 2012 : Miscellaneous Petition filed under Order 41 Rule 21 of Civil Procedure Code, praying this Court to rehear the order dated 21.09.2011 made in CMA(MD). No.854 of 2011. Prayer in M.P.SR.No. 17666 of 2012 : Miscellaneous Petition filed under section 5 of Limitation Act, praying this Court to condone the day of 151 days in filing the application for re-hearing the order dated 21.09.2011 made in CMA(MD). No.854 of 2011. Prayer in CMA(MD). No.854 of 2011 : Civil Miscellaneous Appeal filed under section 173 of the 1/3 https://hcservices.ecourts.gov.in/hcservices/ CMA(MD). No.854 of 2011 Motor Vehicles Act, 1988, against the award and decree dated 20.03.2008 made in M.C.O.P.No.97 of 2004 on the file of the Motor Accident Claims Tribunal / Sub Court, Devakottai. ORDER:- Miscellaneous Petition coming up for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Manikandan, Advocate for the Petitioner, Mr.Royce Emmanuel, Advocate For first Respondent, and of Mr.K.Bhaskaran, Advocate for the third respondent and the second respondent having not appeared either in person or through an Advocate, this Court made the following order: This miscellaneous petition has been filed seeking condonation of delay of 292 days in representing the application for re-hearing the appeal in C.M.A.(MD) No.854 of 2011. 2. Heard Mr.R.Sundar Srinivasan, learned counsel appearing for the petitioner, Mr.S.Royce Emmanuel, learned counsel for the first respondent – Transport Corporation and Mr.K.Bhaskaran, learned counsel appearing for the third respondent – Insurance Company and perused the materials available on record. 3. A claim petition was filed by one Balasubramanian, represented by his wife Indirani / petitioner herein seeking compensation of Rs.10,00,000/- for the injuries sustained by him in the accident, which had taken place on 06.05.2004. On behalf of the claimant and the respondents, oral and documentary evidence were adduced before the Tribunal. On consideration of the evidence, the Trial Court found that the driver of the Bus belonging to the first respondent – Transport Corporation was the cause of the accident and awarded Rs.6,60,222/- along with interest at the rate of 7.5% per annum. Aggrieved over the findings of the Tribunal, the first respondent – Transport Corporation filed the civil miscellaneous appeal in the year 2011. 4. When the matter was listed for final disposal, though notices were served on the respondents 1 and 2, who are the petitioner and second respondent herein, but none appeared on their behalf. This Court, after hearing the submissions of the learned counsel for the first respondent – Transport Corporation and the third respondent – Insurance Company, reduced the compensation from Rs.6,60,222/- to Rs.5,40,177/-. Contending that she was not heard at the time of the disposal of the appeal, the petitioner / claimant has filed this miscellaneous petition for re-hearing the matter. 5. A perusal of the Judgment reveals that though the claimant was not represented, this Court, after going through the records, fixed annual income of the claimant at Rs.32,000/- and by applying the multiplier “15” arrived at the loss of income at Rs.4,80,000/-. 2/3 https://hcservices.ecourts.gov.in/hcservices/ CMA(MD). No.854 of 2011 Since the claimant suffered 50% permanent disability, the amount was reduced to Rs.2,40,000/-. The award of the Tribunal in respect of the other heads were confirmed by this Court. Only to that extent, the Award of the Tribunal was modified. In my considered opinion, the award is fair and reasonable and hence, no question of re- hearing the appeal arises for consideration. That apart, the present application is kept pending for more than seven years. 6. Accordingly, the miscellaneous petition is dismissed. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Subordinate Judge, Motor Accidents claims Tribunal, Devakottai. Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) + 1cc to Mr.K.SUNDAR SRINIVASAN ,Advocate, SR No.23569 + 1cc to Mr.K.BHASKARAN,Advocate, SR No. 23859 M.P.(MD).No.1 of 2013 in CMA(MD). No.854 of 2011 01.12.2020 KR(CO) KK(17.12.2020) 3P 6C 3/3 https://hcservices.ecourts.gov.in/hcservices/