The appellant challenged the quantum of compensation awarded by the Motor Accident Claims Tribunal for injuries sustained when a JCB vehicle ran over the claimant. The Court found the Tribunal's appreciation of evidence correct and the compensation reasonable, dismissing the appeal.
Appeal dismissed; direction to deposit compensation within six weeks.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
CMA No.1398 of 2023 and CMP No.13991 of 2023
Suresh Kumar ..Appellant
.vs.
1.Minor Siddik S/o.Chand Basha Rep. by his Next Friend Mother Faritha
2.Moorthi ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment dated 29.09.2022 in MCOP No.51 of 2018 on the file of Special Subordinate Judge, Motor Accident Claims Tribunal, Tirupathur.
For Appellant : Mr.R.Rajarajan
For Respondents : Mr.E.Kannadasan for R1
JUDGMENT
This civil miscellaneous appeal has been filed by the owner of the vehicle challenging the quantum of compensation fixed by the Tribunal in MCOP No.51 of 2018 on the file of the Motor Accident Claims Tribunal, Tirupathur by Award dated
29.09.2022. https://www.mhc.tn.gov.in/judis
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2.The 1st respondent/claimant was playing along with his friends on 15.05.2017
3.The Tribunal on considering the facts and circumstances of the case and after appreciating the oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent reversing of the JCB vehicle by the 2nd respondent. After rendered such a finding, the Tribunal proceeded to fixed the total compensation at Rs.3,15,000/- in the following manner:
| Compensation awarded under the head |
Amount (in Rs.) |
|---|---|
| 40% Permanent Disability | 200,000 |
| Pain and Sufferings | 40,000 |
| Attender Charges | 10,000 |
| Nutrition and Loss of Articles | 10,000 |
| Transportation Charges | 6,000 |
| Loss of amenities | 25,000 |
| Medical Expenses | 24,000 |
| Total | 3,15,000 |
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8.The main ground that was urged before this Court is that the accident had taken place on 15.05.2017 and whereas, there was a delay of ten days in registering the FIR and that by itself would show that the accident had not taken place in the manner in which it was projected by the claimant. It was further contended that the claimant did not examine one Subramani in whose lands the JCB was used for levelling the lands and therefore, the rash and negligent driving on the part of the driver was not properly proved.
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9.In the considered view of this Court, the Tribunal had carefully considered the
evidence and has come to the correct conclusion that the accident had taken place only due to the rash and negligent reversing of the JCB vehicle by the 2nd respondent. The compensation fixed by the Tribunal also is very reasonable. Considering the nature of injuries sustained by the claimant, the same does not require the interference of this Court.
10.In the light of the above discussion, there is no ground to interfere with the Award passed by the Tribunal. There shall be a direction to the appellant to deposit the compensation amount fixed by the Tribunal along with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization, within a period of six weeks from the date of receipt of copy of this order.
11.In the result, this civil miscellaneous appeal is dismissed with the above direction. No Costs. Consequently, connected miscellaneous petition is closed.
10.04.2024
Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No ssr
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To
The Special Subordinate Judge, Motor Accident Claims Tribunal, Tirupathur.
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N. ANAND VENKATESH., J
ssr
CMA No.1398 of 2023 and CMP No.13991 of 2023
10.04.2024
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1 issue framed by the court
Whether the quantum of compensation awarded by the Tribunal for injuries sustained in a JCB accident was reasonable and required interference.
1 provisions across 1 enactments
Suresh Kumar
Minor Siddik
Moorthi
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
