R.Sripriya vs S.Senthilkumar
2021 Latest Caselaw 23790 Mad

                                                                           C.M.A.(MD)No.491 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 03.12.2021

                                                       CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            C.M.A.(MD)No.491 of 2021
                                                     and
                                            C.M.P(MD)No.4307 of 2021

                  R.Sripriya                                        ...Appellant/Respondent

                                                         Vs.

                  S.Senthilkumar                                    ...Respondent/Claimant

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, to set aside the judgment and decree, dated 11.08.2017
                  made in M.C.O.P.No.98 of 2017 on the file of the IV Additional Sub Court,
                  Madurai and allow the above Civil Miscellaneous Appeal.


                                       For Appellant     :Mr.J.Lawrance
                                       For Respondent    :Mr.J.Sankarapandiyan


                                                       JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the

judgment and decree, dated 11.08.2017 made in M.C.O.P.No.98 of 2017 on

the file of the Motor Accidents Claims Tribunal/IV Additional Sub Court,

Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

2.It is a case of accident, which took place on 26.08.2016 at about

08.15 hours when the claimant was riding his bike namely Bajaj Discover,

bearing Registration No.TN-59-AR-5779 and proceeded towards east to west

direction nearby Aathikulam Pudur, Vandipathai Road, Madurai, at that time

a Car bearing Registration No.TN-59-V-3088 driven by the appellant's father

in the same direction in a rash and negligent manner and suddenly stopped

the Car and opened the right side door without any sign and caution and

without following any traffic rules. In view of the said act, the father of the

appellant, the respondent herein had fell down from his two wheeler and due

to the impact, he sustained multiple grievous injuries. Immediately he was

taken to the Devadoss Hospital and got admitted as inpatients.

3.The claimant has filed a claim petition in M.C.O.P.No.98 of 2017 on

the file of the Motor Accidents Claims Tribunal/IV Additional Subordinate

Court, Madurai, seeking compensation.

4.Before the Tribunal, on the side of the claimant two witnesses were

examined as P.W.1 and P.W.2 and marked seven documents as Exs.P1 to P13.

On the side of the respondent one witness was examined as R.W.1 and three

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

documents were marked as Ex.R1 to Ex.R3 and one witness document was

marked and Court document was marked as Ex.C1.

5.The Tribunal, after considering the pleadings, oral and documentary

evidences and the arguments of the counsel for the claimant and the

respondents and also on appreciating the evidences on record, held that the

accident was occurred due to the negligent act of the father of the appellant

and directed the appellant to pay compensation of Rs.2,08,700/-. Aggrieved

over the orders passed by the Tribunal, the appellant has filed the present

appeal under Section 173 of the Motor Vehicles Act, 1988.

6.Heard both sides and perused the material available on record.

7.The learned counsel appearing for the appellant contended that on

the complaint of the respondent/claimant a criminal case was registered in

Cr.No.261 of 2016 and the same was taken on file in S.T.C.No.503 of 2016

on the file of the learned Judicial Magistrate No.II, Madurai and after full-

fledged trial, the learned Judge acquitted the driver of the said vehicle

holding that the said accident took place due to negligent act on the part of

the respondent/claimant only.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

8.On perusal of records it shows that the FIR and charge sheet filed

against the appellant and also in FIR the facts clearly stated by the claimants.

The appellant has stated that in the criminal case, the claimant has admitted

that the car was standing and when she attempted to cross the car, the driver

suddenly opened the right side of the car door. The accident was occurred

only due to the negligent act of the appellant. Even PW.1 in his evidence in

the criminal Court, he confirmed the manner in which the accident had

occurred and sketch was also marked as Ex.P2, which shows that the

appellant's car was stationed on the left side of the road and not on the

extreme left side of the road. Another ground for appeal is that at that time

of accident the claimant has not possess any valid license. But no plea raised

by the appellant before the Tribunal and he also not taken any steps to prove

that the claimant has no valid driving license to drive the vehicle at that time

of accident. So, the contention of the appellant is not acceptable. There is no

error in the said finding. Asfar as quantum of compensation is concerned, the

amount awarded by the Tribunal is not excessive.

9.Considering all the materials on record in entirety, this court is of the

view that there is no error to interfere with the award of the Tribunal.

However, insofar as the interest awarded by the Tribunal is concerned, this

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

Court reduce the interest to 7.5% p.a. from 9% p.a. Therefore the award of

the Tribunal is confirmed in all respects, except the modification in the

interest.

10.In the result,

(i)The Civil Miscellaneous Appeal is dismissed. No costs. The award

of the Tribunal is confirmed, except the interest. The interest of 9% p.a.

awarded by the Tribunal is reduced to 7.5% p.a.

(ii)The appellant is directed to deposit the compensation awarded by

the Tribunal together with interest at the rate of 7.5% per annum from the

date of claim petition till the date of deposit to the credit of M.C.O.P.No.98

of 2017 on the file of the Motor Accident Claims Tribunal/IV Additional Sub

Court, Madurai within a period of four weeks from the date of receipt of a

copy of this order, less the amount already deposited, if any.

(iii) On such deposit being made, the respondent/claimant is entitled to

withdraw the same, by filing necessary application before the Tribunal.

Consequently, connected miscellaneous petition is closed.

03.12.2021 Index :Yes/No Internet:Yes/No vsd

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

1.The Motor Accidents Claims Tribunal/ IV Additional Sub Court, Madurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.491 of 2021

S.ANANTHI, J.

vsd

C.M.A.(MD)No.491 of 2021 and C.M.P(MD)No.4307 of 2021

03.12.2021

https://www.mhc.tn.gov.in/judis