Madras High Court
P.Palraj vs K.Jayakumar on 3 March, 2022
C.M.A.No.366 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
C.M.A. No.366 of 2019
and C.M.P.No.19222 of 2005
P.Palraj ...Petitioner/Appellant/Claimant
Vs
1.K.Jayakumar
2.M.Rajeswaran
3.New India Assurance Co.Ltd.
Tirupur. ... Respondents/ Respondents.
PRAYER: Appeal filed under Section 173 of the Motor Vehicles
Act, 1988, To set aside the judgment and decree dated 06-10-
2004 made in MCOP.No.85/2004 (Sub Court MCOP.No.893/2001)
on the file of the MACT Addl. District and Session Judge FTC-III
Dharapuram Erode Dist.
For Petitioner : Mr.N.S.Sivakumar
For Respondents : Mr.K.Padmanabhan [R3 ]
No appearance [R1 & R2]
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.366 of 2019
JUDGEMENT
The claimant has filed the above appeal challenging the
award passed by the Motor Accidents Claims Tribunal (FTC No.III,
Dharapuram). The claimant who was travelling in the Goods
Vehicle had sustained injuries on account of the accident that had
taken place on 27.01.2001 involving the Van in which the
petitioner was travelling. It is a claimant's case that the driver of
the van had driven the same in a rash and negligent manner by
reason of which he was unable to control the same and the
vehicle had capsized causing injuries to the petitioner. The
petitioner, a supervisor in a poultry farm earning monthly income
of not less than Rs.4,000/- was advised that for over 6 months,
he should not to do heavy work.
2. The Insurance company had filed a counter contending
that the petitioner was a gratuitous passenger and that the
Insurance Company was not liable to compensate the claimant
since, he was travelling in a Goods vehicle which is not
authorised. Apart from that the insurance company had
questioned the quantum. The Tribunal after considering the
https://www.mhc.tn.gov.in/judis
C.M.A.No.366 of 2019
evidence on record awarded a sum of Rs.30,000/- as
compensation to the claimant. The Tribunal has taken into
account the fact that the claimant had only suffered fracture to
his left hand for which he had undergone treatment for 4 days. A
sum of Rs.12,500/-was awarded under the said head.
3. Though the claimant had claimed a sum of Rs.16,410/-
under the head of medical expenses, the Tribunal has only
awarded a consolidated sum of Rs.5,000/-. Though a sum of
Rs.25,000/- was claimed under the head of permanent disability
the Tribunal has in all awarded a sum of Rs.30,000/-. Challenging
the same the appellant has filed this appeal.
4. The learned counsel appearing for the claimant would
submit that the petitioner had suffered a permanent disability on
account of the injury to his left elbow. He would also submit that
a consolidated sum of Rs.25,000/- being awarded under the head
of pain and suffering, transportation etc., was totally without any
basis. He would submit that the Tribunal ought to have awarded
amounts separately under the head of pain and sufferings and
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C.M.A.No.366 of 2019
transportation and extra nourishment as well as loss of income.
5. Heard the learned counsel and perused the records.
6. The injuries sustained by the claimant is only a fracture
to his left elbow. The petitioner has not suffered a major injury
which has caused a disablement. No documents have been filed
to show that the claimant had been hospitalized or had been
forced to stay at home on account of the injuries. Except for ipsi-
dixit of the appellant/claimant there is no other evidence
available for the consideration of the Court . Therefore, I do not
see any reason to interfere with the order of the Tribunal.
7. For the above reasons, this Civil Miscellaneous Appeal is
dismissed and the sum of Rs.30,000/- awarded by the Tribunal
as compensation to the appellant along with interest and costs is
confirmed. Insurance Company is directed to deposit the entire
amount awarded by the Tribunal to the credit of M.C.O.P.No.893
of 2001 along with interest and costs, less the amount already
deposited, if any, within a period of six weeks from the date of
https://www.mhc.tn.gov.in/judis
C.M.A.No.366 of 2019
receipt of copy of this Judgement. On such deposit, the appellant
is permitted to withdraw the entire amount awarded by the
Tribunal along with interest and costs, less the amount if any,
already withdrawn. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
03.03.2022
Index : Yes/No
Internet : Yes/No
Speaking / Non-Speaking
shr
To
1. MACT Addl. Dist. and Session Judge
FTC-III Dharapuram Erode Dist.
2.The Section Office,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.366 of 2019
P.T. ASHA, J,
shr
C.M.A. No.366 of 2019
and C.M.P.No.19222 of 2005
03.03.2022
https://www.mhc.tn.gov.in/judis
