Madras High Court

K.Mohammed Ali vs The Assistant Executive Engineer ... on 30 November, 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 30.11.2021

CORAM

THE HONOURABLE Mrs. JUSTICE S.KANNAMMAL

Civil Miscellaneous Appeal No. 1245 of 2018

K.Mohammed Ali .. Appellant/claimant

1.The Assistant Executive Engineer (MV)
North Chennai Depot,
Corporation of Chennai,
61 Basin Bridge Road
Chennai 600 021.

2.The Commissioner,
Corporation of Chennai
Ripon Building
Poonamalee High Road
Chennai 600 003. .. Respondents/Respondents

Prayer: Civil Miscellaneous Appeal is filed against the judgment and
decree dated 19.01.2018 made in MACT O.P.No.7381/2013 on the file
of the learned Motor Accidents Claims Tribunal (Special Sub Court
No.2, Motor Accident Claims Petitions), Small Causes Court, Chennai.

For Appellants .. Mr.N.Manoharan

For Respondents .. Ms.Karthikaa Ashok for R2
https://www.mhc.tn.gov.in/judis
2

JUDGMENT

This Civil Miscellaneous Appeal is directed against the judgment

and decree dated 19.01.2018 made in MACT O.P.No.7381/2013 on the

file of the learned Motor Accidents Claims Tribunal (Special Sub Court

No.2, Motor Accident Claims Petitions), Small Causes Court, Chennai.

2. The claimant is the appellant herein.

3. The case of the claimant before the trial Court is as follows:

In an accident that had occurred on 22.07.20112, at about 7.10 hrs.,

when the appellant was riding his TVS Max 4 R motor cycle bearing

Registration No.TN03F0426 a vehicle bearing Registration No.

NLIIAJCB Loader of M/s.Escort JCB Ltd. Chassis No.34372 & Engine

No.180060110 from North to south came in a rash and negligent manner

and dashed against the appellant. As a result of which, the appellant

sustained grievous injuries. Since the accident occurred due to the rash

and negligent driving of the driver of the loader of JCB Vehicle, the

owners of the vehicle, loader of M/s.Escort JCB Ltd., are jointly,

severally and vicariously liable to pay compensation to the https://www.mhc.tn.gov.in/judis

appellant/claimant together with interest. The claimant filed the claim

petition and claimed compensation of Rs.20,00,000/- for the injuries

sustained by him.

4.Before the Tribunal, the 1st and 2nd respondents denied the

manner in which the accident occurred and denied the allegations made

in the claim petition. The nature of injuries sustained by the claimant has

to be proved by him with valid material evidence and hence, it is the case

of the respondents that the respondents are not liable to pay any

compensation and prayed for dismissal of the claim petition. Since the

vehicle is insured with the Insurance company, the claim against the

respondents is not maintainable.

5.Before the Tribunal, on the side of the claimant, four witnesses

were examined as P.W.1 to P.W.4 and marked Ex.P1 to Ex.P18. On the

side of the respondents, no oral and documentary evidence were adduced.

6.The Tribunal, on considering the pleadings, oral and

documentary evidence held that, the accident occurred due to the rash

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

and negligent driving of the driver of the JCB Vehicle belonging to the

Corporation of Chennai and awarded a sum of Rs.2,76,000/- as

compensation to the claimant with interest at 7.5% from the date of

petition till the date of realisation. Not being satisfied with the

compensation awarded by the Tribunal, the claimant is before this Court

by way of this Appeal.

7.Heard the learned counsel for the parties and perused the material

documents available on record.

8.It is the case of Appellant/Claimant that, the Tribunal erred in

fixing the monthly income of the deceased at Rs.6,500/-, when he was

actually earning a sum of Rs.20,000/- per month as Sales Executive and

that, the Tribunal ought to have fixed disability at 55% and has

erroneously fixed 30% and granted a compensation of Rs.90,000/-,

which is less, when compared to the injuries sustained by him. The

Tribunal ought to have considered the compensation under the head for

loss of income for nine months instead of six months.

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

9. It is seen that, the Tribunal has fixed only a sum of

Rs.6,500/- as the monthly income of the appellant. Though the claimant

was inpatient for quite some time, the Tribunal has fixed the loss of

income only for six months, which is found to be inappropriate and

hence, fixing the loss of income for a period of nine months would meet

the ends of justice. Accordingly, loss of income is arrived at Rs.58,500/-

(Rs.6,500/- * 9 = Rs.58,500/-). Considering the injuries sustained by the

appellant/claimant and the injuries on the vital parts of the body, namely,

tibial plateau fracture right and abrasion and grievous injuries all over the

body, the disability is assessed at 40% and accordingly, towards the head

of disability, the compensation would be Rs.1,20,000/- (3,000*40% =

Rs.1,20,000/-). The amount awarded by the Tribunal for transporation to

the hospital is enhanced from Rs.5,000/- to Rs.10,000/-. The amount

awarded by the Tribunal for pain and sufferings, damage to clothes, extra

nourishment and medical expenses are just and proper compensation and

do not require any further interference by this Court and accordingly, the

compensation awarded towards these heads remain unaltered.

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

12. In fine, the quantum of compensation awarded by the

Tribunal is enhanced to a sum of Rs.3,30,500/-. Details of the same are

tabulated below:

S.N Description Amount awarded Amount modified Award confirmed o by Tribunal by this Court or enhanced or (Rs) (Rs.) granted

1. Disability 90,000/- 1,20,000.00 Enhanced (3,000*30%) (3,000* 40%)

2. Pain and sufferings 30,000.00 30,000.00 Unaltered

3. Loss of income 39,000.00 58500.00 Enhanced (6,500 * 9 )

4. Transportation 5,000.00 10,000.00 Enhanced

5 Extra Nourishment 30,000.00 30,000.00 Unaltered 6 Damage to Clothes 3,000.00 3,000.00 Unaltered 7 Medical Expenses 79,000.00 79,000.00 Unaltered Total 2,76,000.00 3,30,500.00 Enhanced