K.Govindasamy vs Minor. Kalpana
2022 Latest Caselaw 14841 Mad

                                                                                           C.M.A.No.2922 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 06.09.2022

                                                               CORAM

                                       THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                     C.M.A.No.2922 of 2021
                                                              and
                                                     C.M.P.No.16735 of 2021

                     K.Govindasamy                                                   ... Appellant

                                                                Vs

                     Minor. Kalpana,
                     D/o.Madhu,
                     Rep. by her N/F Father Madhu                                    ... Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988 against the fair and final order dated 09.12.2019 in
                     M.C.O.P.No.1712 of 2014 passed by the Motor Accident Claims Tribunal,
                     Dharmapuri.
                                        For Appellant      :      Mr.S.Sridharan
                                        For Respondent     :      Served – No appearance

                                                          JUDGEMENT

The owner of the offending vehicle is the appellant before this Court.

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

2.The facts in brief, which are essential for disposing of the above

appeal is herein below narrated.

3.The minor petitioner had filed a claim petition in M.C.O.P.No.397

of 2013 on the file of Motor Accident Claims Tribunal, Principal District

Judge, Dharmapuri claiming compensation of a sum of Rs.7,00,000/-.

4.It is her case that on 19.10.2011, when she was walking on the

road, crossing east to west near Kamaraj Nagar Vinayaka Temple at about

10.30 p.m., the respondent, who was riding his TVS Super XL vehicle

bearing Registration No.TN-29-AF-7218 in a rash and negligent manner

and hit the minor petitioner, who is the respondent herein. It has resulted in

the minor sustaining fractures in her left knee, fracture to the second finger

of the left foot, abrasion over right knee, contusion over left hip and injuries

all over the body. The petitioner was admitted to Dharmapuri Government

Medical College Hospital and had taken further treatment in Kurinji

Hospital, Salem. There, she was in-patient for seven days and the FIR was

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

lodged against the respondent. Further, the petitioner would submit that on

account of the accident, she has suffered great shock, pain and suffering.

5.The respondent had filed a counter denying the accident and stating

that his vehicle was no way involved with the accident. The respondent has

acquitted in the criminal case and therefore, he cannot be made liable to pay

compensation to the petitioner.

6.The Tribunal below on considering the evidence came to the

conclusion that the accident was caused only on account of the negligence

of the respondent. Therefore, the respondent is liable to compensate the

petitioner.

7.Ultimately, the Tribunal has awarded a sum of Rs.3,23,180/- to the

petitioner. Challenging the same, the appellant is before this Court.

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

8.Heard the learned counsels on either side and perused the materials

available on record.

9.The only argument advanced by the learned counsel for the

appellant is that the appellant was aged over 80 years and that he was

suffering from alzheimer, for which, no proof had been filed. He would

submit that the claimant had filed an execution proceedings for the arrest of

the appellant and not for the payment of money, which would clearly go to

show that the petitioner was not interested in money. Further, he would

submit the fact that the appellant had been acquitted by the Criminal Court

would clearly show that the accident had not taken place. He would also

submit that the respondent though served as early as in the month of

November, 2011 both through Court as well as privately, has not chosen to

appear before this Court.

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

10.The Tribunal has relied upon the evidence of P.W.2, eye witness,

who had deposed to the fact that the accident had occurred only on account

of the rash and negligent driving of the appellant/respondent. The FIR,

Ex.P1 also has been registered against the appellant. These documents

would clearly go to show that the accident had taken place and that the

accident had occurred on account of the negligence of the

appellant/respondent.

11.The Tribunal has only awarded a sum of Rs.3,23,180/- as

compensation under various heads, which appears to be reasonable and

therefore, I see no reason to interfere with the findings and order of the

Trial Court.

12.Accordingly, the Civil Miscellaneous Appeal is dismissed and the

order passed by the learned Motor Accidents Claims Tribunal/Special

Subordinate Judge, Dharmapuri in M.C.O.P.No.1712 of 2014, dated

09.12.2019 is confirmed and the appellant is directed to deposit the award

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

amount granted by the Trial Court within a period of eight weeks from the

date of receipt of a copy of this judgment. No costs. Consequently, the

connected civil miscellaneous petition is closed.

06.09.2022 Index : Yes/No Speaking order/non-speaking order sp

To

1.The Motor Accident Claims Tribunal/ Special Subordinate Judge, Dharmapuri.

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

https://www.mhc.tn.gov.in/judis C.M.A.No.2922 of 2021

P.T.ASHA, J.,

sp

C.M.A.No.2922 of 2021 and C.M.P.No.16735 of 2021

06.09.2022

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