C.M.A.(MD)No.646 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
C.M.A.(MD)No.646 of 2009
R.Alagarsamy ... Appellant/Respondent
Vs.
The Commissioner,
Madurai City Municipal Corporation,
Arignar Anna Maligai,
Alagar Kovil Road,
Madurai -2 ... Respondent/Petitioner
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgement and Decree, dated 08.12.2008 made in M.C.O.P.No.
23 of 2002, on the file of the Principal Subordinate Judge, Madurai.
For Appellant : Mr.S.M. Siddharthan
For respondent : Mr.R. Murali
*****
JUDGMENT
This Civil Miscellaneous Petition has been filed against the Award dated, 08.12.2008 made in M.C.O.P.No.23 of 2002, on the file of 1/6 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009 the Principal Subordinate Judge, Madurai.
2. The appellant is the claimant in MCOP.No.23 of 2022. He has filed the claim petition claiming a sum of Rs.6,00,000/- as compensation, for the injury sustained by him in the accident that occurred on 09.11.2000.
3. The Tribunal considering the pleadings, oral and documentary evidence let in by the parties held that the accident occurred due to rash and negligent driving by the driver of the respondent vehicle and hence, the respondent is liable to pay compensation and awarded a sum of Rs.2,66,078/- as compensation to the appellant.
4. Not being satisfied with the Award, the appellant has come out with the present appeal for enhancement of compensation.
5. The learned counsel appearing for the appellant contended that the injury sustained by the appellant is grievous in nature and hence, the doctor, who examined as PW.2, fixed the permanent disability of the appellant as 60%. He would further submit the Tribunal has awarded 2/6 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009 only a sum of Rs.60,000/-, which is very lesser amount. He further stated that the amount awarded under the other heads are also very meager and prayed for enhancement of compensation.
6. Per contra, the learned counsel appearing for the respondent contended that the Tribunal has appreciated all the materials on record in proper perspective, awarded compensation and the same is just and proper and prayed for dismissal of this appeal.
7. I have heard the learned counsel appearing on either side and perused the materials available on record.
8. From the materials on record, it is seen that the Doctor, who was examined as P.W.2, has certified the permanent disability of the appellant, due to the accident, as 60%. But, the Tribunal has awarded only a sum of Rs.60,000/- by granting Rs.1,000/- per percentage of disability for 60%, which is very meagre and hence, the same is hereby enhanced to Rs.1,20,000/- for 60% of disability by granting Rs.2,000/- per percentage of disability. In all other aspects, the amount awarded by the Tribunal is hereby confirmed. Therefore, the award of the Tribunal is enhanced from 3/6 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009 Rs.2,66,078/- to Rs.3,26,078/-. The interest awarded by the Tribunal at the rate of 7.5% per annum remains un-altered.
9. The respondent is directed to deposit Rs.3,26,078/- (Rupees Three Lakhs Twenty Six Thousand and Seventy Eight only) together with interest at 7.5% per annum from the date of petition till the date of realization, to the credit of M.C.O.P.No.23 of 2002, on the file of the Principal Subordinate Judge, Madurai, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the appellant / claimant is permitted to withdraw the award amount with accrued interest and costs by filing necessary application before the Tribunal.
13. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.
07.09.2022
Index :Yes/No
Internet :Yes/No
trp
4/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.646 of 2009
To
1. The Principal Subordinate Judge, Madurai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009 A.A. NAKKIRAN, J., trp C.M.A.(MD)No.646 of 2009 07.09.2022 6/6 https://www.mhc.tn.gov.in/judis