Madras High Court
Padmavathy vs S. Valathi on 10 April, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.M.A. No.3261 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.3261 of 2021
1. Padmavathy
2. Arunthathi Alias Arunthavaselvi * ... Appellants
* 2nd Appellant declared as Major and
her mother Padmavathy discharged
from Guardianship
vs.
1. S. Valathi
2. Reliance General Insurance
Company Ltd.,
Represented by its Manager,
Registered Office at
Reliance Centre,
Door No.19, Walchand Hirachand Marg,
Ballard Estate,
Mumbai,
Having Branch Office at
Door No.10/414, Second Floor,
Thaha Plaza,
South Bypass Road,
Vannarapettai,
Tirunelveli. .... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to set aside the Fair and Final Order, dated
07.06.2018 passed by the learned Special Subordinate Judge-cum-Motor
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C.M.A. No.3261 of 2021
Accident Claims Tribunal, Coimbatore in M.C.O.P. No.1831 of 2014 and
to enhance the compensation.
For Appellants : Mr.L. Mouli
For Respondents : Ms.C. Bhuvana Sundari
for R2
JUDGMENT
This appeal has been filed by the claimants challenging the ex- parte award passed by the Tribunal. The claimants failed to appear on the date fixed for ex-parte evidence. However, the Tribunal based on the pleadings without any evidence has awarded a compensation of Rs.50,000/- to the appellants / claimants. Admittedly, neither the appellants nor the respondents had let in any oral or documentary evidence.
2. The appellants / claimants have made a claim for Rs.20,00,000/- as a result of the death of the husband of the 1 st appellant on account of an alleged accident caused by a vehicle owned by the 1 st respondent and insured with the 2nd respondent / Insurance Company. Since without any basis, the Tribunal has awarded a meagre compensation of Rs.50,000/- to the appellants / claimants, necessarily the impugned award has to be set https://www.mhc.tn.gov.in/judis 2/5 C.M.A. No.3261 of 2021 aside by this Court and remanded back to the Tribunal for fresh consideration on merits and in accordance with law. Accordingly, the award dated 07.06.2018 passed by the learned Special Subordinate Judge-cum-Motor Accident Claims Tribunal, Coimbatore in M.C.O.P. No.1831 of 2014 is hereby set aside and the matter is remanded back to the very same Tribunal for fresh consideration on merits and in accordance with law.
3. Both the appellants and the respondents are permitted to let in oral and documentary evidence once the matter is remanded back to the Tribunal for fresh consideration. The Tribunal shall consider the same on merits and in accordance with law and pass an award, preferably, within a period of six months from the date of receipt of a copy of this judgment. No costs.
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1. The Special Subordinate Judge Motor Accident Claims Tribunal, Coimbatore.
2.The Section Officer, V.R. Section, High Court of Madras, Chennai – 104.
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