In an appeal under Section 173 of the Motor Vehicles Act, 1988, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The Court corrected the percentage of contributory negligence and adjusted the disability percentage, resulting in an enhanced award.
The compensation awarded by the Tribunal was enhanced to Rs.1,45,897/-.
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.
CMA.No.1373 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1373 of 2023
M. Anandhakumar
.... Appellant
vs.
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 18.08.2022 in M.C.O.P.505/2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri.
For Appellant : Mr. I. Siddiq For R1 : Ms.S.Kiruthika For R2 : Mr.J. Michael Visuvasam For R3 : Mr. D. Nitin
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J U D G M E N T
The appellant is the claimant in M.C.O.P.505/2018 on the file
of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri, and he filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.10,00,000/- for the injuries sustained by him in a road accident that occurred on 17.06.2016.
driving a bus bearing Registration number TN-30-N-117, belonging to the Tamil Nadu State Transport Corporation, on Thiruvannamalai-Hosur Road and at about 2.30 a.m., a lorry bearing Registration No.TN-52-F9127, belonging to the first respondent, was going ahead of him. Since the driver of the lorry suddenly applied brake in the middle of the road, the claimant rammed the lorry and sustained injuries.
2.1. According to the claimant, the rash and negligent driving
of the driver of the lorry bearing Registration No.TN-52-F-9127 was
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the cause of the accident and that since the said lorry was insured with the second respondent, the Cholamandalam MS General Insurance Company Limited, Chennai, the owner and the insurer are jointly and severally liable to pay compensation to him.
was set ex parte . The second and third respondents contested the claim petition by filing their counter.
fastened negligence on the part of the driver of the lorry and the claimant in the ratio 40:60 and directed the second respondent Insurance company to pay compensation of Rs.1,28,900/- (40% of the total compensation of Rs.3,22,243/-) to the claimant together with interest at the rate of 7.5% per annum from the date of the petition till the date of realisation.
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Negligence
Quantum
9.1. The Medical Board attached to Krishnagiri Head Quarters
Hospital assessed the partial permanent disability of the claimant as 40%. However, the Tribunal had reduced it to 35% without any basis. Therefore, the partial permanent disability of the claimant is taken up as 40% as assessed by the Medical Board. Since there is no functional disability, the Tribunal awarded a sum of Rs.1,57,500/- towards partial
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permanent disability by fixing a sum of Rs.4,500/- per percentage of disability. Considering the age of the claimant and the year of accident, a sum of Rs.5,000/- per percentage of disability is awarded. Hence, a sum of Rs.2,00,000/- (40x5000) is awarded towards partial permanent disability.
9.2. The following tabular column would show the amount
awarded by the Tribunal and the amount awarded by this Court under various heads.
| S.No. | Description | Amount awarded by Tribunal (Rs.) |
Amount awarded by this Court (Rs.) |
|---|---|---|---|
| 1. | Partial permanent disability |
1,57,500/- (35x4500) |
2,00,000/- (40x5000) |
| 2. | Medical expenses | 43,343/- | 43,343/- |
| 3. | Loss of income | 45,000/- | 45,000/- |
| 4. | Pain and sufferings | 30,000/- | 30,000/- |
| 5. | Transportation expenses |
17,400/- | 17,400/- |
| 6. | Extra nourishment | 3,000/- | 3,000/- |
| 7. | Damages to the clothes |
1,000/- | 1,000/- |
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| S.No. | Description | Amount awarded by Tribunal (Rs.) |
Amount awarded by this Court (Rs.) |
|---|---|---|---|
| 8. | Attender charges | 15,000/- | 15,000/- |
| 9. | Loss of amenities | 10,000/- | 10,000/- |
| Total | 3,22,243/- | 3,64,743/- | |
| Less:60% contributory negligence |
1,93,346/- | 2,18,846/- | |
| Compensation awarded |
1,28,897/- Rounded off to 1,28,900/- |
1,45,897/- |
9.3. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.1,45,897/- that would carry interest at the rate of 7.5%
per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.1,45,897/- (40% of the total compensation amount of Rs.3,64,743/-).
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iii.
iii. The appellant / claimant is directed to pay court fee for the enhanced compensation amount, if any, and the Registry is directed to draft the decree only after receipt of Court fee.
iv. The second Respondent, the Cholamandalam MS General Insurance Company Limited, Chennai, is directed to deposit the enhanced compensation amount of Rs.1,45,897/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.505/2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri, within a period of four weeks from the date of receipt of a copy of this order/uploading of this order.
21.10.2024
Index : Yes/No Speaking/Non-speaking order
bga
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To
4. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
C.M.A.No.1373 of 2023
21.10.2024
2 issues framed by the court
Whether the Tribunal erred in fixing contributory negligence at 60% of the claimant.
Whether the compensation awarded by the Tribunal was adequate and just.
1 provisions across 1 enactments
M. Anandhakumar
S.P. Manickam
Cholamandalam MS General Insurance Company Limited
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
