A civil miscellaneous appeal challenging the Motor Accidents Claims Tribunal award of Rs. 13,56,000. The Court upheld the Tribunal's finding of 80% negligence on the driver and 20% on the appellant, and confirmed the compensation including medical expenses.
The appeal was dismissed; the Tribunal award of Rs. 13,56,000 with interest and costs was 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.2170 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.2170 of 2023
C.Sureshkumar
S/o Chinnathambi ..Appellant
Vs.
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the judgment and decree dated 05.09.2022 in M.C.O.P.No.322 of 2019 on the file of Motor Accidents Claims Tribunal
(Subordinate Judge) at Dharapuram.
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C.M.A.No.2170 of 2023
For Appellant : Mr.R.Nalliyappan
For Respondent : No appearance for R1 & R2 Mr.P.Sankaranarayanan for R3
J U D G M E N T
(The order of the Court was made by Mrs.J.Nisha Banu,J.) This Civil Miscellaneous Appeal has been filed by the injured
claimant against the judgment and decree dated 05.09.2022 made in M.C.O.P.No.322 of 2019 on the file of Motor Accidents Claims Tribunal (Subordinate Judge) at Dharapuram, by which, the Tribunal has awarded a compensation of Rs.13,56,000/- with interest at the rate of 7.5% p.a. From the date of the petition ill the date of deposit.
2.The appellant is the claimant in M.C.O.P.No.322 of 2019 on the file of Motor Accident Claims Tribunal,(Subordinate Judge) at Dharapuram. He filed the said claim petition claiming a sum of Rs.50,00,000/- as compensation for the injuries sustained by him in the accident that took place on 05.12.2018.
3.According to the appellant, on the date of accident i.e., on 05.2.2018 at about 02.00 p.m., the claimant was riding his Hero Glamor Motor Cycle bearing Registration No.TN 61 M 6526 from East to West
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C.M.A.No.2170 of 2023
direction along Dharapuram to Karur Road near Soman Kottai Privu along with one Kumar as a pillion rider. While the appellant was proceeding near Soman Kotai Pirivu, on the left extreme side of the road, a Bolero Jeep bearing Registration No.TN 41 AE 9500 driven by its driver in a rash and negligent manner from West to East direction, dashed on the said Motor cycle. As a result of the sudden accident, the appellant and the pillion rider Kumar were thrown away and both fell down. The appellant sustained grievous injuries all over the body and immediately, he was taken and admitted at Vel Hospital at Dharapuram as an in-patient and he underwent treatment from 15.12.2018 to 28.04.2019. Hence, the
appellant filed the above said claim petition claiming compensation against the respondents, viz., driver of the vehicle, owner of the vehicle and the Insurance Company respectively.
4.The 1st respondent/ driver of the Bolero Jeep and the 2nd respondent/owner of the Bolero Jeep, remained exparte before the Tribunal.
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C.M.A.No.2170 of 2023
sudden cross of the road without making any signal and hence, the accident was due to the rash and negligence act of the appellant. He did not wear helmet and hence, he is not entitled to compensation. The 3rd respondent has also denied the age, avocation, income and nature of injuries suffered by the appellant. The compensation claimed by the appellant is excessive and prayed to dismiss the claim petition.
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C.M.A.No.2170 of 2023
substantiate the same, is erroneous and the amount awarded for 70% disability is meager. The learned counsel for the appellant contended that the doctor had advised to amputate the right leg to avoid infection and the Court below ought to have awarded some amount on the head of future medical expenses and expenses for artificial foot.
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C.M.A.No.2170 of 2023
the part of the appellant and 80% contributory negligence on the part of the 1st respondent. We find no infirmity in the said finding and thus, we are not inclined to interfere with the same.
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C.M.A.No.2170 of 2023
is dismissed. The sum of Rs.13,56,000/- awarded by the Tribunal as compensation to the appellant along with interest and costs is confirmed. The 3rd respondent is directed to deposit the entire award amount along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the entire award amount along with interest and costs. No costs.
(J.N.B,J.) (R.K.M., J.) Index : Yes / No 19.08.2024 Internet : Yes vsi To
The Motor Accidents Claims Tribunal (Subordinate Judge) at Dharapuram.
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C.M.A.No.2170 of 2023
J. NISHA BANU, J. and R.KALAIMATHI,J.
vsi
C.M.A.No.2170 of 2023
19.08.2024
https://www.mhc.tn.gov.in/judis Page 8/8
2 issues framed by the court
Whether the fixation of 20% contributory negligence on the appellant is sustainable.
Whether the compensation awarded for 70% partial permanent disability and medical expenses is adequate.
1 provisions across 1 enactments
C. Sureshkumar
Akilan
Aruchamy
The United India Insurance Co. Ltd.
J. Nisha Banu
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
