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[Cites 3, Cited by 0]

Madras High Court

Poila vs Ramasamy on 15 March, 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 15.03.2022

                                                         CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                             C.M.A(MD)No.1198 of 2014


                     Poila                               :Appellant/Claimant


                                                 .vs.


                     1.Ramasamy                          : Respondent/Ist Respondent

                     2.M/s.Reliance General Insurance,
                       through its Branch Manager,
                       Opposite to Suriyan FM Studio,
                       Vannarapettai,
                       Tirunelveli and District.  :Respondent/IInd Respondent



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act against the judgment and decree made in
                     M.C.O.P.No.11 of 2009, dated 30.3.2011, on the file of the Motor
                     Accidents Claims Tribunal(Fast Track Court No.I), Tirunelveli.


                                      For Appellant           :Mr.B.Rajesh Saravanan

                                      For Respondent-1         :Mr.S.R.Anbarasu
                                                                (No appearance)

                                      For Respondent-2         :Mr.V.Sakthivel




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                                                        JUDGMENT
                                                        *********


                                  This    Civil   Miscellaneous      Appeal     is   directed   against   the

                     judgment and decree made in M.C.O.P.No.11 of 2009, dated

                     30.3.2011, on the file of the Motor Accidents Claims Tribunal(Fast

                     Track Court No.I), Tirunelveli.



                                  2.The     claim   Petitioner      is   the   appellant   herein     seeking

                     enhancement of compensation for the injury sustained in the Road

                     Traffic Accident on 4.3.2018. Before the Tribunal, the claimant

                     examined herself as P.W.1 and marked the                           charge-sheet filed

                     before the Criminal Court to show that she sustained injury on the

                     right fore-arm at 2' x 0.5' x 0.5'.The statement was not marked,

                     however, the Section 161 statement given by the Doctor to the

                     Inspector of Police is now relied upon. Admittedly, it is an unmarked

                     document, being a statement under Section 161 of Cr.P.C, it is

                     inadmissible in law. However, the Tribunal taking into consideration

                     that P.W.8-Dr.Ramaguru, had issued the Wound Certificate is not the

                     Doctor, who had treated                the injured. Accident Register Copy or

                     Wound Certificate              issued by the Government Hospital was not

                     marked          before       the   Tribunal.    By    observing     so,    the   Tribunal



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                     disbelieving the evidence of P.W.1 that she had sustained injury in

                     that accident, for which, P.W.8 has issued the certificate.



                                  3.The learned counsel for the claimant/appellant would

                     contend that in view of the absence of the document given by the

                     Government           Doctor,   immediately   after   the   accident   to   the

                     Investigation Officer, Accident Register Copies were marked before

                     the Criminal Court. Hence the same could not be marked                 before

                     the Motor Accidents Claims Tribunal and an opportunity has to be

                     granted to the claim Petitioner, without prejudice to the examination

                     by the Insurance Company.



                                  4.In the interest of justice, the Civil Miscellaneous Appeal is

                     allowed and the order made in M.C.O.P.No.11 of 2009, dated

                     30.3.2011, on the file of the Motor Accidents Claims Tribunal(Fast

                     Track Court No.I), Tirunelveli is set aside and the matter is remitted

                     back to the Tribunal and the Additional District and Sessions Judge,

                     Tirunelveli is directed to take        up the M.C.O.P on file and give an

                     opportunity to the claim Petitioner to conduct the case afresh,

                     subject to the cross-examination by the Insurance Company and

                     dispose of the same within a period of six months from the date of



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                     receipt of a copy of this judgment. It is made clear that the

                     appellant/claim petitioner is not entitled for any interest for the

                     appeal period pending before this Court,if any award is made by the

                     Tribunal. No costs.


                                                                    15.03.2022

                     Index:Yes/No

                     Internet:Yes/No

                     vsn

                     Note :

                     In view of the present lock
                     down owing to COVID-19
                     pandemic, a web copy of
                     the order may be utilized
                     for official purposes, but,
                     ensuring that the copy of
                     the order that is presented
                     is the correct copy, shall
                     be the responsibility of the
                     advocate       /     litigant
                     concerned.

                     To

                     1.The Motor Accidents Claims Tribunal
                       (Fast Track Court No.I),
                       Tirunelveli.

                     2.The Record Keeper,
                       Vernacular Section,
                       Madurai Bench of Madras High Court,
                       Madurai.



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                                     RMT.TEEKAA RAMAN.,J.

vsn JUDGMENT MADE IN C.M.A(MD)No.1198 of 2014 15.03.2022 5/5 https://www.mhc.tn.gov.in/judis