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M.Kannadhasan v/s M/s. A.G.M.Traders & Another


Company & Directors' Information:- I S G TRADERS LIMITED [Active] CIN = L51909WB1943PLC011567

Company & Directors' Information:- M TO M TRADERS PRIVATE LIMITED [Amalgamated] CIN = U51100GJ2005PTC046435

Company & Directors' Information:- TRADERS PRIVATE LIMITED [Active] CIN = U51909GJ2001PTC040133

Company & Directors' Information:- A N TRADERS PRIVATE LIMITED [Active] CIN = U55101DL1994PTC060786

Company & Directors' Information:- B. S. TRADERS PRIVATE LIMITED [Active] CIN = U67120DL1981PTC116873

Company & Directors' Information:- K R TRADERS PVT LTD [Active] CIN = U51909AS1987PTC002815

Company & Directors' Information:- D L J P TRADERS PVT LTD [Active] CIN = U51909WB1991PTC052047

Company & Directors' Information:- D G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064431

Company & Directors' Information:- G. D. TRADERS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177251

Company & Directors' Information:- K V TRADERS PVT LTD [Active] CIN = U17297WB1989PTC047906

Company & Directors' Information:- M L TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033017

Company & Directors' Information:- A R TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033018

Company & Directors' Information:- O. P. TRADERS LIMITED [Active] CIN = U51497PB1994PLC014170

Company & Directors' Information:- S A P TRADERS PRIVATE LIMITED [Active] CIN = U51909HR2011PTC042479

Company & Directors' Information:- R P TRADERS PRIVATE LIMITED [Active] CIN = U27109WB1998PTC086732

Company & Directors' Information:- R R TRADERS PRIVATE LIMITED [Active] CIN = U51109UP1991PTC013245

Company & Directors' Information:- R G TRADERS PVT LTD [Active] CIN = U70101WB1985PTC038436

Company & Directors' Information:- D & T TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063612

Company & Directors' Information:- V A TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039480

Company & Directors' Information:- P AND R TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2006PTC008176

Company & Directors' Information:- S K TRADERS PVT LTD [Strike Off] CIN = U17299WB1989PTC046495

Company & Directors' Information:- S D TRADERS PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034457

Company & Directors' Information:- J. D. J. TRADERS PRIVATE LIMITED [Active] CIN = U51109WB2008PTC124248

Company & Directors' Information:- A G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1947PTC001282

Company & Directors' Information:- M U TRADERS PRIVATE LIMITED [Converted to LLP] CIN = U51900AS2008PTC008853

Company & Directors' Information:- T. P. TRADERS PVT. LTD. [Active] CIN = U25209WB1995PTC068943

Company & Directors' Information:- P T TRADERS PRIVATE LIMITED [Active] CIN = U67120AS1999PTC005836

Company & Directors' Information:- TRADERS & TRADERS PVT. LTD. [Strike Off] CIN = U51109WB1992PTC055444

Company & Directors' Information:- S K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109KL2003PTC016071

Company & Directors' Information:- S AND H TRADERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909KL1998PTC012688

Company & Directors' Information:- U M D TRADERS PVT LTD [Strike Off] CIN = U74140WB1988PTC045243

Company & Directors' Information:- M & I TRADERS PRIVATE LIMITED [Active] CIN = U51109MP2008PTC020491

Company & Directors' Information:- L. K. TRADERS PRIVATE LIMITED [Active] CIN = U50400HR2011PTC043898

Company & Directors' Information:- A V TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2010PTC009934

Company & Directors' Information:- S I S TRADERS PRIVATE LIMITED [Strike Off] CIN = U51505TN2006PTC058736

Company & Directors' Information:- P G TRADERS PRIVATE LIMITED [Active] CIN = U74120UP2011PTC043805

Company & Directors' Information:- M K G TRADERS PRIVATE LIMITED [Active] CIN = U51494DL2008PTC183965

Company & Directors' Information:- S L TRADERS PRIVATE LIMITED [Strike Off] CIN = U15109UP1987PTC008981

Company & Directors' Information:- K N TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109DL1984PTC017665

Company & Directors' Information:- S R TRADERS PVT LTD [Active] CIN = U51909WB1985PTC039063

Company & Directors' Information:- B P TRADERS PVT LTD [Strike Off] CIN = U28931WB1980PTC032693

Company & Directors' Information:- K A TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060650

Company & Directors' Information:- V D M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51392KL2003PTC016586

Company & Directors' Information:- V M TRADERS PVT LTD [Strike Off] CIN = U05001UP1990PTC011859

Company & Directors' Information:- A. P. H. TRADERS PRIVATE LIMITED [Active] CIN = U51103DL2007PTC161680

Company & Directors' Information:- G D M TRADERS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC142470

Company & Directors' Information:- A P TRADERS PRIVATE LIMITED [Active] CIN = U17297UP1994PTC016102

Company & Directors' Information:- A V B TRADERS PRIVATE LIMITED [Active] CIN = U51909MH2003PTC138973

Company & Directors' Information:- R K TRADERS PVT LTD [Active] CIN = U31200MH1976PTC018744

Company & Directors' Information:- D AND P TRADERS PRIVATE LIMITED [Strike Off] CIN = U52322PN2009PTC133581

Company & Directors' Information:- M M TRADERS PRIVATE LIMITED [Active] CIN = U51500MH1975PTC018056

Company & Directors' Information:- R K TRADERS PRIVATE LIMITED [Active] CIN = U23201MH1976PTC018743

Company & Directors' Information:- M. P. TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC215988

Company & Directors' Information:- B M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909CH2010PTC032424

Company & Directors' Information:- U R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC056950

Company & Directors' Information:- L M TRADERS PRIVATE LIMITED [Active] CIN = U51497DL2014PTC274205

Company & Directors' Information:- M K R K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC141404

Company & Directors' Information:- R R K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2012PTC239877

Company & Directors' Information:- L K G TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2013PTC249920

Company & Directors' Information:- INDIA TRADERS PRIVATE LIMITED [Strike Off] CIN = U74900DL2014PTC269271

Company & Directors' Information:- S K G TRADERS PRIVATE LIMITED [Active] CIN = U52100DL2011PTC213707

Company & Directors' Information:- S M L TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909AP2010PTC068983

Company & Directors' Information:- M G TRADERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51101KA2012PTC066173

Company & Directors' Information:- V S TRADERS PRIVATE LIMITED [Active] CIN = U23109GJ2002PTC040842

Company & Directors' Information:- D & R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL1996PTC081454

Company & Directors' Information:- A. L. TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL2000PTC105282

Company & Directors' Information:- K S TRADERS PVT LTD [Strike Off] CIN = U51909PB1990PTC010753

Company & Directors' Information:- P S TRADERS PRIVATE LIMITED [Strike Off] CIN = U92490TN1979PTC007957

Company & Directors' Information:- K S J TRADERS PRIVATE LIMITED [Strike Off] CIN = U51495HP1998PTC021636

Company & Directors' Information:- S S TRADERS AND CO PVT LTD [Strike Off] CIN = U65923DL1959PTC003031

Company & Directors' Information:- A TO Z TRADERS PRIVATE LIMITED [Strike Off] CIN = U64200DL1997PTC086157

Company & Directors' Information:- A K L TRADERS PVT LTD [Strike Off] CIN = U51909MP1989PTC005014

Company & Directors' Information:- TRADERS (INDIA) LIMITED [Dissolved] CIN = U00063KA1947PLC000505

Company & Directors' Information:- TRADERS LIMITED [Dissolved] CIN = U99999MH1951PLC010277

    C.M.A(MD)No. 1233 of 2007

    Decided On, 29 November 2018

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE R. SUBBIAH

    For the Appellant: N.V. Thangadurai, G. Ethirajulu, Advocates. For the Respondents: No Appearance.



Judgment Text

(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the decree and judgment dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 on the file of the Motor Accidents Claims Tribunal, Madurai (First Additional Sub- Court), Trichy.)1. The Civil Miscellaneous Appeal has been filed by the appellant, not being satisfied with the quantum of compensation awarded by the Tribunal in and by which the award dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 by the Motor Accidents Claims Tribunal, Madurai (First Additional Sub-Court), Trichy.2. The appellant is the claimant and the second respondent is the Insurance Company before the Tribunal. The appellant / claimant claimed a sum of Rs.5,00,000/- as compensation before the Tribunal for the injuries sustained in a road accident.3. The facts of the case are as follows: -It is the case of the appellant / claimant before the Tribunal that on 13.08.1997 at about 6.00 p.m., when the injured petitioner was riding a moped on the West side of the South to North Trichy €“ Pudukkottai main road, a Tempo Track Jeep bearing Registration No.TN 59 Y 9254, insured with the second respondent/Insurance Company, which was coming from South to North (Pudukkotai to Trichy) being driven by its driver, came in a rash and negligent manner, dashed against the injured petitioner. Due to the impact, he sustained multiple injuries on all over the body, especially on his left leg and that the two wheeler was totally damaged. Immediately, he has been taken to Senthil Nursing Home and CSI Mission Hospital, Woraiyur for treatment and thereafter, he has been taken to M/s.Sea Horse Hospital, Trichy for taking further treatment and was admitted as inpatient for more than one month and he is still under treatment, as out patient. Therefore, the injured petitioner filed the claim petition before the Tribunal.4. The case of the claimant was resisted by the second respondent / Insurance Company by filing a counter statement, which opposed the claim petition in all aspects and prayed for the dismissal of the claim petition.5. Before the Tribunal, on the side of the claimant as many as 13 documents were marked as Exs.P1 to P13 and P.W.1 and P.W.2 were examined as witnesses and no document was marked and no one was examined on the side of the respondents. After considering the oral and documentary evidence, the Tribunal directed the 2nd respondent / Insurance Company to pay the compensation of Rs2,00,000/- with 12% interest per annum. Against which, the present Civil Miscellaneous Appeal has been filed by the appellant / claimant for enhancement of compensation.6. The learned counsel for the appellant / claimant submitted that the Tribunal, having found that the appellant had sustained permanent disability to an extent of 68%, as per the Doctor's evidence, ought to have awarded a compensation towards loss of earning power. He also submitted that the Tribunal committed error in awarding a meagre sum towards other heads also and hence, he prayed for enhancement of compensation.7. Per contra, the learned counsel for the second respondent / Insurance Company has made his submissions by supporting the award passed by the Tribunal and prayed for dismissal of this Civil Miscellaneous Appeal.8. Heard the learned counsel for the appellant / claimant and the learned counsel appearing for the 2nd respondent / Insurance Company and perused the records carefully.9. The present appeal has been filed only questioning the quantum of compensation awarded by the Tribunal. Hence, I am not traversing into the other aspects of the award. Insofar as the quantum of compensation is concerned, the appellant / claimant had sustained fracture, as a result of which, the movement of the left leg was reduced to 100% and in order to prove the percentage of disability, on the side of the appellant / claimant, P.Ws.1 and 2 were examined and 13 documents were marked. The Tribunal after coming to the conclusion that the appellant / claimant suffered by 68% disability, awarded a sum of Rs.1,80,000/- towards permanent disability; Rs.3,000/- for pain and sufferings; Rs.15,000/- towards medical expenses; Rs.2,000/- towards extra nourishment and thus passed an award for a sum of Rs.2,00,000/- as against the claim of Rs.5,00,000/-.10. In view of the above, I do not find any infirmity in the award passed by the Tribunal and that the Tribunal came to the conclusion only after appreciating all the materials on record in proper perspective. Therefore, the compensation awarded by th

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e Tribunal is just compensation. Moreover, the accident of the year 1997. Now after a period of 21 years, there is no scope for any enhancement. Hence, the Civil Miscellaneous Appeal is devoid of merits and therefore, the same is liable to be dismissed.11. In the result, the award dated 22.12.2000 made in M.C.O.P.No.1156 of 1998 on the file of the Motor Accidents Claims Tribunal, Madurai (First Additional Sub-Court), Trichy, is hereby confirmed and the Civil Miscellaneous Appeal is dismissed. No costs.
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