Madras High Court
Sathyaraj vs The Director on 4 April, 2022
C.M.A.No.2154 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.2154 of 2019
Sathyaraj ... Appellant
-Vs.-
1.The Director,
Rural Development & Panchayat Raj,
Chennai.
2.The Block Development Officer,
T.Palur.
3.The District Collector,
Ariyalur. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgement and decree in M.C.O.P.No.133 of
2016 dated 28.11.2017 on the file of the MACT/Chief Judicial Magistrate at
Ariyalur, Ariyalur District.
For Appellant : M/s.R.Jayaprakash
For R1 to R3 : No appearance
JUDGMENT
The claimant has challenged the award passed by the learned Chief
Judicial Magistrate (Motor Accident Claims Tribunal) at Ariyalur in
M.C.O.P.No.133 of 2016 dated 28.11.2017.
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C.M.A.No.2154 of 2019
2. The appellant herein/claimant had filed the above M.C.O.P,
seeking compensation of a sum of Rs.5,00,000/- for the injuries sustained by
him in a road accident. It is the case of the appellant / claimant that on
15.04.2011 at around 08.30 hours, when he was proceeding in his TVS CVTR
motor cycle, bearing Registration No.TN 61 A 2013 from East to West on the
Vilangudi - Ariyalur Road, the first respondent's Mahindra Bolero white colour
car, bearing Registration No.TN 46 G 0204, coming in the opposite direction,
driven by the driver at a high speed in a rash and negligent manner, dashed
against the claimant and it had caused severe injuries all over his body. He was
taken to the Government Hospital, Ariyalur, from where, later he was
transferred to Tanjore Medical College Hospital. It is the case of the claimant
that he was engaged in doing Centering work in the buildings. By reason of the
injuries, he is unable to work as before and therefore, he has come forward with
the claim petition.
3. The respondents have filed a counter affidavit, inter-alia,
contending that the driver, who was driving the Mahindra Bolera car, had
driven it in a normal speed and it was the claimant, who in an inebriated state,
had driven his bike in a rash and negligent manner, as a result of which, he had
dashed against the right side of the first respondent's vehicle. On account of
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C.M.A.No.2154 of 2019
this impact and as the claimant was in an inebriated condition, he had fallen
down. The accident had occurred only on account of the negligence of the
driver of the motor-cycle and not the driver of the car. The Tribunal below has
held negligence to be exclusively on the driver of the first respondent's vehicle,
thereby, holding the respondents liable.
4. As regards the quantum of compensation, the claimant would
submit that he was engaged in centering work from where, he would earn a
minimum a sum of Rs.15,000/- per month. However, the Tribunal fixed the
monthly income at Rs.5,000/-. Thereafter, considering the fact that the injuries
sustained by him was not of a permanent nature affecting the work of the
claimant, the disability, though assessed at 63%, was taken into account and
the compensation under the head of disability was awarded as follows:
3,000 x 63% = Rs.1,89,000/-
5. The appellant, is particularly, aggrieved by the amount awarded
under the head of disability.
6. The respondents, though served, had not entered appearance.
Therefore, this Court had proceeded to hear the appellant alone.
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C.M.A.No.2154 of 2019
7. A perusal of the disability certificate-Ex-P2 does not indicate a
very serious permanent disability. A perusal of the evidence of the Doctor,
who was examined as P.W.2 and who had issued the disability certificate,
clearly shows that the Doctor himself had accepted that the appellant is
capable of taking care of himself. Therefore, it would clearly show that the
claimant had not suffered any permanent disablement. However, taking into
account the year of the accident, a sum of Rs.4,000/- is taken for the purpose of
calculating the compensation under the head of permanent disability.
Therefore, the award under the head of permanent disability is calculated now
at Rs.4,000/- x 63 = Rs.2,52,000/-. Therefore, the award is re-worked as
follows:-
Heads Amount by the Amount
Tribunal Awarded by this
in Rs. Court
in Rs.
Disability Compensation 1,89,000 2,52,000
(3,000 x 63) (4,000 x 63)
Loss of income for three 15,000 15,000
months 3 x 5000
Surgery for removing 10,000 10,000
the plates
Transportation 5,000 5,000
Extra nourishment 10,000 10,000
Attender Charges 10,000 10,000
Damage to clothes 2,000 2,000
Total 2,41,000 3,04,000
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C.M.A.No.2154 of 2019
8. The appeal is partly allowed and the impugned Award of the Tribunal
is modified, enhancing the compensation amount from Rs.2,41,000 to
Rs.3,04,000. The respondents are directed to deposit the said amount to the
credit of M.C.O.P.No.133 of 2016 along with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit and costs as
awarded by the Tribunal, less, the amount, if any already deposited, within a
period of six weeks from the date of receipt of a copy of this judgment. On such
deposit being made, the claimant is permitted to withdraw the award amount,
along with accrued interest and costs as awarded by the Tribunal, less, the
amount, if any already withdrawn, by filing necessary application before the
Tribunal. The claimant is directed to pay the Court fee for the enhanced
compensation amount, if required. The Tribunal below shall not disburse the
enhanced amount till such time as the certified copy showing proof of payment
of Court fee has been produced by the claimants. In other respects, the Award
of the Tribunal is hereby confirmed. There shall be no order as to costs in the
present appeal.
04.04.2022
Index:Yes/No
Speaking Order : Yes/No
srn
https://www.mhc.tn.gov.in/judis
C.M.A.No.2154 of 2019
To
1. The MACT/Chief Judicial Magistrate at Ariyalur, Ariyalur District.
2.The Section Officer, V.R.Section, High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2154 of 2019
P.T.ASHA.J
srn
C.M.A.No.2154 of 2019
04.04.2022
https://www.mhc.tn.gov.in/judis
