Madras High Court
Sugumar vs The Divisional Manager on 19 April, 2021
C.M.A.No.1915 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.1915 of 2013
Sugumar ... Appellant
Versus
The Divisional Manager,
Bajaj Alliance General
Insurance Co. Ltd.,
No.25/26, Prince Towers,
Nungambakkam,
Chennai. ... Respondent
Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the order and decree dated 09.01.2012 made in
M.A.C.T.O.P.No.232 of 2007, on the file of the Motor Accident Claims
Tribunal and Chief Judicial Magistrate, Tiruvannamalai.
For Appellant : Mr.R.Terry Chellaraja
For Respondent : Ms.R.Sree Vidhya
Page 1 of 8
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C.M.A.No.1915 of 2013
JUDGMENT
This appeal is laid as against the judgment and decree dated
09.01.2012 made in M.A.C.T.O.P.No.232 of 2007, on the file of the Motor
Accident Claims Tribunal (Chief Judicial Magistrate), Tiruvannamalai,
thereby awarded the compensation to the tune of Rs.45,000/-.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimant is that on 11.03.2007, the claimant had
driven the car and due to loss of control, he dashed against the culvert and
met with an accident. In that accident, the claimant sustained injuries over
forehead and fracture in his right hand. Since the claimant covered with
personal accident policy, he filed claim petition seeking compensation of
Rs.5,00,000/-.
4. Resisting the same, the respondent filed counter stating that
claimant is the driver cum owner of the vehicle and only due to the rash and
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C.M.A.No.1915 of 2013
negligent driving, he met with an accident. Admittedly, the claimant had
driven the car and no other vehicle was involved in the said accident. The
claimant only drove the car in rash and negligent manner and dashed against
the culvert and caused accident. Therefore, the respondent is not at all liable
to pay any compensation as claimed by the claimant and sought for
dismissal of the claim petition.
5. On the side of the claimant, he examined P.W.1 & P.W.2 and
marked Ex.P.1 to Ex.P.10. On the side of the respondent, they examined
R.W.1 and marked Ex.R.1. On the basis of the evidence available on records
and also considering the submission made by the learned counsel appearing
on either side, the Tribunal awarded a sum of Rs.45,000/- as compensation
payable by the respondent. Being not satisfied with the quantum of the
compensation awarded by the Tribunal, the claimant came forward with the
present appeal.
6. The learned counsel appearing for the appellant/claimant
submitted that the accident took place in the year 2007 and the claimant
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C.M.A.No.1915 of 2013
sustained injuries on his forehead and fracture in the right hand. He was
admitted in the Government Hospital, Thiruvannamalai and thereafter he
took treatment at Sri Ramachandra Medical College Hospital, Chennai. His
disability was assessed at 25%. Even then, the Tribunal awarded a sum of
Rs.15,000/- for his permanent disability. Insofar as other heads are
concerned very meager amount was awarded as compensation. Therefore,
he prayed for enhancement of the award amount.
7. Per contra, the learned counsel appearing for the respondent
contended that the claimant had driven the car in rash and negligent manner
and dashed against the culvert and caused accident. The claimant is a tort-
feasor and he himself had driven the car in rash and negligent manner and
cased the accident without involving any other vehicle. In fact, the
respondent also filed appeal in C.M.A.No.2364 of 2012 before this Court, in
respect of the liability is concerned, since the claimant is the driver of the
car and on whose negligence the accident was took place. The claimant is
being the tort-feasor, he is not entitled for any compensation and sought for
dismissal of the claim petition.
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C.M.A.No.1915 of 2013
8. Heard Mr.F.Terry Chellaraja, learned counsel appearing for the
appellant/claimant and Ms.R.Sree Vidhya, learned counsel appearing for the
respondent.
9. On 11.03.2007, the claimant had driven the car and due to loss
of control, he dashed against the culvert and met with an accident. Due to
the rash and negligent driving of the claimant, the car was capsized and the
claimant and others were sustained grievous injury. The claimant was aged
about 40 years and he sustained fracture on his right hand. He was admitted
in the Government Hospital, Thiruvannamalai and thereafter she shifted to
Sri Ramachandra Medical College Hospital, Chennai, as inpatient. His
disability is a partial disability and therefore, the Tribunal rightly awarded a
sum of Rs.15,000/- towards permanent disability.
10. In other heads also the Tribunal rightly awarded compensation
and this Court does not find any illegality or infirmity in the award passed
by the Tribunal. Though the respondent contended that the claimant being
the tort-feasor, he is not entitled for any claim, the claimant was covered
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C.M.A.No.1915 of 2013
with Personal Accident Policy. Therefore the Tribunal rightly awarded a
sum of Rs.45,000/- as compensation for the injuries sustained by him.
Therefore, nothing warrant to interfere with the judgment and decree passed
by the Tribunal by this Court.
11. In fine, the award dated 09.01.2012 passed by the Motor
Accident Claims Tribunal and Chief Judicial Magistrate, Tiruvannamalai in
M.A.C.T.O.P.No.232 of 2007, on the file of the is hereby confirmed and the
Civil Miscellaneous Appeal stands dismissed. There shall be no order as to
costs.
19.04.2021
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Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
rts
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C.M.A.No.1915 of 2013
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal,
Tiruvannamalai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.1915 of 2013
G.K.ILANTHIRAIYAN, J.
rts
C.M.A.No.1915 of 2013
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