The Regional Director Of vs Gunasingam
2021 Latest Caselaw 233 Mad

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                               BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 05.01.2021

                                                         CORAM

                               THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                              C.M.A(MD) No.359 of 2016
                                                        and
                                              CMP(MD)No.5149 of 2016

                     1.The Regional Director of
                       Municipal Administration,
                       Chepauk, Chennai.

                     2.The District Collector,
                       Office of the District Collector,
                       Thanjavur.                            : Appellants/Respondents

                                                             Vs.

                     Gunasingam                              : Respondent/Petitioner


                               Prayer: Civil Miscellaneous Appeal is filed under Section 173 of

                     the Motor Vehicles Act, against the award, dated 30.01.2016 made in

                     MCOP No.1260 of 2013 on the file of the Motor Accident Claims

                     Tribunal (Special District Judge), Thanjavur.



                                   For Appellants         : Mr.J.Gunaseelan Muthiah
                                                            Additional Government Pleader

                                   For Respondent         : Mr.A.N.Ramanathan




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

This Civil Miscellaneous Appeal is directed against the award,

dated 30.01.2016 made in MCOP No.1260 of 2013 on the file of the

Motor Accident Claims Tribunal (Special District Judge), Thanjavur.

2.The short facts of the case is that on 21.10.2013 at about 9.00

am, when the claimant was driving his two wheeler TN-55-AF-7740 on

Pudukottai-Thanjavur Road, the Bolero Car TN-21-G-1581 owned by

the State Government came in a rash and negligent manner and

dashed against him and thereby, he sustained grievous injury. A

petition was filed by the claimant claiming compensation of Rs.

15,00,000/- alleging that the driver of the Car was responsible for the

accident.

3.The claim was opposed by the appellants disputing the

manner of the accident and their liability to pay the compensation.

4.Before the Tribunal, the claimant examined himself as PW1

and examined one another witness as PW2 and marked Exs.P1 to P8

in support of his case. On the side of the appellants, the driver of the

offending vehicle was examined as RW1 and one document was

marked as Ex.R1.

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

5.The Tribunal, after careful consideration of the evidence

available on record, has awarded compensation of Rs.3,04,880/- with

interest at the rate of 9% p.a. Aggrieved over the same, the present

appeal has been filed.

6.Heard both sides and perused the materials available on

record.

7.PW1 is the injured as well as the eye witness to the accident.

A criminal case was registered against the driver of the offending

vehicle. Ex.P1 FIR stands registered based on the complaint given by

PW1. PW1 has given evidence stating that he sustained injury and he

underwent surgery. Ex.P5 is the medical bills. Ex.P6 is the Disability

Certificate. Exs.P7 to P8 are the X-rays. PW2 Dr.Rathinasabapathy

deposed that in the alleged accident, the claimant had sustained 44%

partial permanent disability and issued Ex.P6 disability certificate.

However, based on the evidence, the Tribunal has come to the

conclusion that the claimant has suffered 40% permanent disability

and awarded Rs.1,20,000/-. The Tribunal awarded Rs.81,131/-

towards medical expenses, based on Ex.P5 (series) and under the

conventional heads. In total,the tribunal has awarded Rs.3,04,880/-

together with interest @ 9.% p.a. In the considered view of this court,

the award is fair and reasonable and therefore, it is confirmed.

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

8.In fine, the Civil Miscellaneous Appeal is dismissed and the

award of the Tribunal is confirmed. No costs. Consequently,

connected Miscellaneous Petition is closed.

05.01.2021

Index : Yes/No Internet: Yes/No er

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

T.KRISHNAVALLI,J

er

To

1.The Motor Accident Claims Tribunal/ Special District Judge, Thanjavur.

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

Judgment made in CMA(MD)No.359 of 2016

05.01.2021

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