In a civil miscellaneous appeal, the High Court examined whether the Motor Accident Claims Tribunal erred in awarding compensation of Rs. 1,46,105. The court held the quantum reasonable and dismissed the appeal by confirming the Tribunal's award.
Civil Miscellaneous Appeal dismissed; Tribunal's award of Rs. 1,46,105 confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A. No. 2464 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 2464 of 2021
Arunachalam
... Appellant / Petitioner
Vs.
Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the decree and judgement dated 07.04.2020 made in M.A.C.T.O.P. No. 196 of 2018 on the file of the Special District Judge, Motor Accident Claims Tribunal, Erode.
For Appellant : Mr. C. Paraneedharan For R2 and R3 : Mr. D. Bhaskaran
C.M.A. No. 2464 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant against the Judgment and decree made in M.A.C.T.O.P. No. 196 of 2018, dated 07.04.2020 on the file of the Special District Judge, Motor Accident Claims Tribunal, Erode, wherein the Tribunal has awarded compensation for a sum of Rs.1,46,105/- along with interest @ 9% per annum from the date of filing of petition till the date of realization.
2/8
C.M.A. No. 2464 of 2021
Cr.No.457/2017 U/s. 279, 338 of I.P.C on the file of Tiruchengode Rural Police Station, Namakkal District. Due to the injuries sustained, the claimant has come forward with a claim petition seeking compensation for a sum of Rs.10,00,000/- along with interest under section 166 of Motor Vehicles Act.
no.1, has held that the rash and negligence on the part of the rider of the
C.M.A. No. 2464 of 2021
Yamaha SZ RR two wheeler bearing Registration No.TN-34-V-1452 is responsible for the accident. In point no.2, the Tribunal has quantified and granted compensation for a sum of Rs.1,46,105/- along with interest @ 9% per annum from the date of filing of petition till the date of realization. In point no.3, the Tribunal has fixed the liability on the second respondent - insurance company, who is the insurer of the Yamaha SZ RR two wheeler bearing Registration No.TN-34-V-1452 to pay the compensation to the claimant.
4/8
C.M.A. No. 2464 of 2021
various heads are on the lower side, hence prays to enhance the compensation.
5/8
C.M.A. No. 2464 of 2021
with fracture left maxilla and left orbit. On perusal of the above record, the Tribunal has treated the above injuries sustained by the claimant is not a functional permanent disability and the percentage of disability assessed by the Medical Board is proper and awarded compensation of Rs.5,000/- per percentage of disability and granted Rs.15,000/- as compensation under the head disability, by rightly following the norms of this Court judgment in Chinnathambi vs. S. Deepa and one another reported in [2020 (A) TN MAC 617]. Hence, this Court finds no infirmity in awarding compensation under the head disability.
C.M.A. No. 2464 of 2021
14.12.2023
stn Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
To:
C.M.A. No. 2464 of 2021
K. RAJASEKAR, J.
stn
C.M.A. No. 2464 of 2021
14.12.2023
3 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in awarding the quantum of Rs. 1,46,105 for permanent and temporary loss of income.
Whether the compensation awarded under various heads including disability, pain and suffering is reasonable.
Whether the Civil Miscellaneous Appeal seeking enhancement of compensation can succeed.
Colour shows how this judgement treated each authority
Chinnathambi vs. S. Deepa and anotherFollowed¶45
Chinnathambi vs. S. Deepa and one another [2020 (A) TN MAC 617]
2 provisions across 1 enactments
Arunachalam
Sivakumar
National Insurance Co. Ltd.
K. RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. RAJASEKAR
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