P.M.M.Dhanasekar v. Vinoth Kumar

Judgment This Civil Miscellaneous Appeal has been filed by the claimants challenging the award passed by the Motor Accident Claims Tribunal, Small Causes Court, Chennai in MACT OP No.4123 of 2014 dated 05.08.2019, wherein the claimant is seeking for enhancement of compensation fixed by the Tribunal.

¶2The case of the claimant is that on 05.07.2014 at about 11.50 hrs, the claimant and her daughter were travelling in an Auto and when the auto was nearing Dr.Vijayaragavalu Road junction, the auto driver drove the vehicle in a rash and negligent manner. As a result of which, the auto was capsized and the claimant and his daughter sustained grievous injuries. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for compensation. Insofar as the 1st claimant is concerned, the claim petition was filed in MCOP No.4123 of 2014.

¶3The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Page3 of 5

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.20,000/-, which was directed to be paid with interest at the rate of 7.5% p.a .

¶5Considering the fact that the auto driver did not have a valid driving license, the Tribunal also ordered for pay and recover. Aggrieved by the same, the petitioner has filed this appeal seeking for enhancement of compensation.

¶6Heard Mr.K.Ayyadurai, learned counsel for appellant/claimant and Mr.C.Bhuvanasundari, learned counsel for 2nd respondent.

¶7This Court carefully considered the submissions made on either side and the materials available on record.

¶8This Court also carefully went through the award passed by the Tribunal.

¶9When the matter was taken up for hearing today, it was brought to the notice of this Court that this case was referred to the Lok Adalat and reached a final settlement of Rs.50,000/- as full and final settlement of the claim. The Page4 of 5 same was confirmed by both the learned counsel for the appellant as well as the learned counsel for 2nd respondent.

¶10In view of the above, it is not necessary for this Court to independently apply its mind. It will suffice if the total compensation is fixed at Rs.50,000/- payable by the 2nd respondent insurance company to the appellant.

¶11It is brought to the notice of this Court that the sum of Rs.20,000/- has already been paid to the claimant and only the balance amount alone remains to be paid. The balance amount shall be paid to the appellant, within a period of four weeks from the date of receipt of a copy of this judgement. The tribunal has already ordered for pay and recover and the same is sustained.

¶12Accordingly, this Civil Miscellaneous petition is disposed of. No costs. 02-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The II Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai. CMAoNo.o1519oofo2023 N.ANANDoVENKATESHoJ. RKA CMAoNo.o1519oofo2023 02-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH P.M.M.Dhanasekar S/o. Mahalingam, No.6-2/A1-2, Bharathi Nagar, Main Street, Korukkupet, Chennai-21. ..Appellant(s) Vs 1. Vinoth Kumar S/o. Sundara Moorthy, No.10A Anna Salai, Erukancherry, Chennai-118. 2. Reliance General Insurance CO. Ltd Reliance House, No.6, 6th Floor, Haddos Road, Nungambakkam, Chennai-600 006. ..Respondent(s) To against the Judgment and Decree dated 05.08.2019 MACT.OP.No. 4123 of 2014, on the file of the II Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai. For Appellant(s): M/s.K.Ayyadurai S.Kannan R.Dhivakar For Respondent(s): M/s. C. Bhuvanasundari For R2 (in Sr Stage) R1 - VINOTH KUMAR S/o. Sundara Moorthy, No.10A Anna Salai, Erukancherry, Chennai-118. Pvt Notice ------ Aos Not Filed Page2 of 5