Palanisamy vs Sengodan
2021 Latest Caselaw 11277 Mad

                                                                            C.M.A.No.1731 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 30.04.2021

                                                      CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1731 of 2020
                 Palanisamy,
                 S/o.Maran                                            ... Appellant

                                                        Vs.
                 1. Sengodan,
                    S/o.Chettiyagoundar
                 2. The National Insurance Co., Ltd.,
                    19/B, S.R.Complex, Rajamani Thottam,
                    Bhavani Main Road, NH-47,
                    Sankari Taluk, Salem District – 637 301.
                 3. The National Insurance Co., Ltd.,
                    1272-1273, Palaniyappa Complex,
                    Mettur Road, Erode – 638 011.                     ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 10.03.2020
                 made in M.C.O.P.No.194 of 2018 on the file of the Motor Accidents
                 Claims Tribunal, Special District Judge Court, Erode.

                                   For Appellant     : Mr.T.S.Arthanareeswaran
                                   For Respondents   :
                                   For R1            : No appearance
                                   For R2 & R3       : Ms.N.B.Surekha

                                                     JUDGMENT

The claimant is the appellant in this appeal. He has filed this

appeal for enhancement of compensation ordered in the impugned

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Judgment and decree dated 10.03.2020 passed by the Motor Accidents

Claims Tribunal, Special District Judge Court, Erode in M.C.O.P.No.194

of 2018.

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.2,14,625/- as compensation. In this appeal, the

appellant/claimant has sought for another enhancement of Rs.1,50,000/-

over and above the aforesaid amount awarded by the Tribunal.

3. It is submitted by the learned counsel for the appellant/claimant

that the Tribunal erred in awarding the aforesaid amount without

considering all the facts and circumstances of the case. It is submitted

that even though the Tribunal found the accident occured only due to

rash and negligent act of the driver of the lorry(Multi Axle

Goods – Tusker Lorry) bearing Registration No.TN-30-U-8312, the

Tribunal has awarded a very meagre sum as compensation.

4. The learned counsel for the appellant/claimant further submitted

that the rough sketch clearly shows that the accident occured on the

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extreme left side of the road, and the appellant/claimant drove the vehicle

cautiously, the Tribunal has however wrongly fixed 30% contributory

negligence on the part of the appellant/claimant.

5. The learned counsel for the 2nd and 3rd respondents submits that

the impugned Judgment and decree passed by the Tribunal is

well-reasoned and requires no interference. She further submits that the

award amount has also been deposited to the credit of the

M.C.O.P.No.194 of 2018 on 14.10.2020.

6. Heard the learned counsel for the appellant and the 2nd and 3rd

respondents. I have perused the impugned Judgment and decree. I have

also perused the exhibits which were marked before the Tribunal.

7. The Tribunal has come to a just conclusion by quantifying a

sum of Rs.2,14,625/- as compensation after deducting 30% towards

contributory negligence on the part of the appellant/claimant. Therefore,

there is no merits in the present appeal.

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C.SARAVANAN, J.

arb

8. Considering the above, I am inclined to confirm the award

passed by the Tribunal and dismiss this appeal filed by the

appellant/claimant. Accordingly, this Civil Miscellaneous Appeal filed

by the appellant/claimant is dismissed.

9. It is mentioned that the 2nd respondent/Insurance Company has

already deposited the compensation awarded by the Tribunal. Therefore,

the appellant/claimant is permitted to withdraw the same together with

interest accrued thereon, by filing appropriate application before

Tribunal. No costs.

30.04.2021

arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order To:

1. The Motor Accidents Claims Tribunal, Special District Judge Court, Erode.

2. The Section Officer, Vernacular Section, Madras High Court.

C.M.A.No.1731 of 2020

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