R.Alagarsamy vs The Commissioner
2022 Latest Caselaw 14984 Mad

                                                                               C.M.A.(MD)No.646 of 2009


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 07.09.2022
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN

                                              C.M.A.(MD)No.646 of 2009


                    R.Alagarsamy                                    ... Appellant/Respondent


                                                            Vs.


                    The Commissioner,
                    Madurai City Municipal Corporation,
                    Arignar Anna Maligai,
                    Alagar Kovil Road,
                    Madurai -2                                     ... Respondent/Petitioner

                    PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
                    against the Judgement and Decree, dated 08.12.2008 made in M.C.O.P.No.
                    23 of 2002, on the file of the Principal Subordinate Judge, Madurai.


                                     For Appellant            : Mr.S.M. Siddharthan
                                     For respondent           : Mr.R. Murali

                                                         *****
                                                      JUDGMENT

This Civil Miscellaneous Petition has been filed against the

Award dated, 08.12.2008 made in M.C.O.P.No.23 of 2002, on the file of

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009

the Principal Subordinate Judge, Madurai.

2. The appellant is the claimant in MCOP.No.23 of 2022. He

has filed the claim petition claiming a sum of Rs.6,00,000/- as

compensation, for the injury sustained by him in the accident that occurred

on 09.11.2000.

3. The Tribunal considering the pleadings, oral and

documentary evidence let in by the parties held that the accident occurred

due to rash and negligent driving by the driver of the respondent vehicle

and hence, the respondent is liable to pay compensation and awarded a

sum of Rs.2,66,078/- as compensation to the appellant.

4. Not being satisfied with the Award, the appellant has come

out with the present appeal for enhancement of compensation.

5. The learned counsel appearing for the appellant contended

that the injury sustained by the appellant is grievous in nature and hence,

the doctor, who examined as PW.2, fixed the permanent disability of the

appellant as 60%. He would further submit the Tribunal has awarded

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009

only a sum of Rs.60,000/-, which is very lesser amount. He further stated

that the amount awarded under the other heads are also very meager and

prayed for enhancement of compensation.

6. Per contra, the learned counsel appearing for the

respondent contended that the Tribunal has appreciated all the materials on

record in proper perspective, awarded compensation and the same is just

and proper and prayed for dismissal of this appeal.

7. I have heard the learned counsel appearing on either side

and perused the materials available on record.

8. From the materials on record, it is seen that the Doctor, who

was examined as P.W.2, has certified the permanent disability of the

appellant, due to the accident, as 60%. But, the Tribunal has awarded only

a sum of Rs.60,000/- by granting Rs.1,000/- per percentage of disability

for 60%, which is very meagre and hence, the same is hereby enhanced to

Rs.1,20,000/- for 60% of disability by granting Rs.2,000/- per percentage

of disability. In all other aspects, the amount awarded by the Tribunal is

hereby confirmed. Therefore, the award of the Tribunal is enhanced from

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009

Rs.2,66,078/- to Rs.3,26,078/-. The interest awarded by the Tribunal at

the rate of 7.5% per annum remains un-altered.

9. The respondent is directed to deposit Rs.3,26,078/-

(Rupees Three Lakhs Twenty Six Thousand and Seventy Eight only)

together with interest at 7.5% per annum from the date of petition till the

date of realization, to the credit of M.C.O.P.No.23 of 2002, on the file of

the Principal Subordinate Judge, Madurai, after deducting the amount

already deposited if any, within a period of eight weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

appellant / claimant is permitted to withdraw the award amount with

accrued interest and costs by filing necessary application before the

Tribunal.

13. In the result, this Civil Miscellaneous Appeal is partly

allowed. No costs.

                                                                                     07.09.2022

                    Index         :Yes/No
                    Internet      :Yes/No
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https://www.mhc.tn.gov.in/judis
                                                                   C.M.A.(MD)No.646 of 2009



                    To

1. The Principal Subordinate Judge, Madurai.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.646 of 2009

A.A. NAKKIRAN, J.,

trp

C.M.A.(MD)No.646 of 2009

07.09.2022

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