CMA No. 4327/2019 dt.11/3/2020 Justices R. Subbiah & R. Pongiappan By orders dt.18/2/2020 in CMA Nos.4375/2019 against MCOP No.308/2015, Motor Accidents Claims Tribunal, Coimbatore, an award for Rs.1,93,20,000/- for the death of a businessman, was set aside, as being unfair and unjust, and direction was issued to Registrar General, High Court, Madras “to take appropriate action against the Presiding officer. By initiating Departmental proceedings”, by Justices M M Sundresh and Krishnan Ramasamy. Following this verdict, now Justices R. Subbiah and R. Pongiappan, by orders dt.11/3/2020 in CMA No.4327/2019, set aside an award for Rs.86,30,863/- with interest and costs as against the claim for Rs.36,00,000/-, as not established., and remanded the motor accident claim for fresh disposal on merits. This award was also passed by the same Presiding officer who is facing the direction on departmental proceedings.

CMA No. 4327/2019 dt.11/3/2020
Justices R. Subbiah & R. Pongiappan
By orders dt.18/2/2020 in CMA Nos.4375/2019 against MCOP No.308/2015, Motor Accidents Claims Tribunal, Coimbatore, an award for Rs.1,93,20,000/- for the death of a businessman, was set aside, as being unfair and unjust, and direction was issued to Registrar General, High Court, Madras “to take appropriate action against the Presiding officer. By initiating Departmental proceedings”, by Justices M M Sundresh and Krishnan Ramasamy.
Following this verdict, now Justices R. Subbiah and R. Pongiappan, by orders dt.11/3/2020 in CMA No.4327/2019, set aside an award for Rs.86,30,863/- with interest and costs as against the claim for Rs.36,00,000/-, as not established., and remanded the motor accident claim for fresh disposal on merits. This award was also passed by the same Presiding officer who is facing the direction on departmental proceedings.
The award for Rs.86,30,863/- with interest and costs was passed by the same Presiding Officer, on 2nd Jan,2018, for an accident dt.19/9/2005, in which one P. Rammohan claimed he was badly injured, when he was driving a car and hit by a lorry, while going from Hospet to Kudlgi. The public sector insurance company M/s. National Insurance Co Ltd, Coimbatore, filed an appeal on the ground that the Presiding Officer had granted an astronomical award without any proof of hospital or medical records and proof of 100% disablement as claimed. It was pointed out that while accident occurred in 2005 the claim was of 2013 origin. The insurer also brought to the notice of the High Court, the direction for Departmental Proceedings against the Presiding Officer, who had granted this award sum also. The victim had claimed that he was 30 years old and employed as Junior Manager, with National Mineral Development Corporation Ltd, Bellary District, Karnataka State, and due to grievous injuries, had become permanently disabled.
The learned Judges agreed with the insurance company that the award for Rs.86,36,863/- was quite extraordinary and there was no supporting evidence vide hospital and medical records or certification of disability and it was fit to be set aside. The High Court remitted the motor accident claim to the claims tribunal, where the previous Presiding officer was no longer in office, having been transferred already, for fresh disposal on merits. Liberty was given to the injured claimant to provide necessary proof to support the claim, which was unavailable in the award now set aside.

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