N.Raju vs Director Of Rural Development And ...
2022 Latest Caselaw 17049 Mad

                                                                              C.M.A.No.1210 of 2018




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 31.10.2022

                                                      CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A.No.1210 of 2018

                  N.Raju                                                ... Appellant

                                                        vs.

                  Director of Rural Development and Panchayat,
                  Panagal Building,
                  Saidapet-15.                                 ... Respondent

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, against the Judgment and Decree dated 07.11.2017

                  made in M.A.C.T.O.P.No.3689 of 2013 on the file of the Motor Accident

                  Claims Tribunal and Special Sub-Court No.1, Chennai.

                                    For Appellant     : Ms.A.Subadra
                                    For Respondent    : Ms.P.Vijaya Devi
                                                        for Sole Respondent

                                                     JUDGMENT

The claimant has challenged the award passed by the Motor Accident

Claims Tribunal, Special Sub-Court No.1, Chennai in M.A.C.T.O.P.No.3689

https://www.mhc.tn.gov.in/judis C.M.A.No.1210 of 2018

of 2013 on the limited ground that the Tribunal has fastened 10%contributory

negligence upon the petitioner since he had failed to file the First Information

Report.

2. Heard the learned counsel for the appellant and the learned counsel

for the respondent and perused the materials on record.

3. The reasoning for fastening 10% liability on the petitioner is that he

has not lodged the F.I.R., this in my considered view is a total erroneous

finding since an F.I.R., can be filed by any one who has witnessed the

accident and it is not mandatory that the F.I.R., has to be registered by the

injured themselves or by the legal representatives of any person died in the

accident. Therefore, the award insofar as it fastens contributory negligence

on the petitioner has to be set aside.

4. In the result, this Civil Miscellaneous Appeal is allowed and the

finding of the Tribunal below fastened 10% liability upon the petitioner is set

aside and the respondent is directed to pay the entire sum awarded by the

Tribunal for a sum of Rs.5,64,000/- to the credit of M.C.O.P.No.3689 of

https://www.mhc.tn.gov.in/judis C.M.A.No.1210 of 2018

2013 on the file of the Motor Accident Claims Tribunal, Special Sub-Court

No.1, Chennai, together with interest @ 7.5% per annum from the date of

claim petition till the date of deposit and costs, less, the amount, if any

already deposited, within a period of four weeks from the date of receipt of a

copy of this Judgement. On such deposit being made, the claimant is

permitted to withdraw the amount now determined by this Court, as

apportioned by the Tribunal, along with interest and costs, after adjusting 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 claimant. No costs.

31.10.2022 Index : Yes/No Speaking / Non-speaking order ssn

https://www.mhc.tn.gov.in/judis C.M.A.No.1210 of 2018

P.T.ASHA, J.,

ssn

To:

1.The Director of Rural Development and Panchayat, Panagal Building, Saidapet-15.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

C.M.A.No.1210 of 2018

31.10.2022

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