Dated:22.04.2021) vs E.Kamalanathan
2023 Latest Caselaw 5206 Mad

                                                                             C.M.A.No.1080 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 01.06.2023

                                                    Coram:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                              CMA.No.1080 of 2023
                                                     and
                                              CMP.No.10291 of 2023

                1.The Director,
                Rural Development, Panchayatraj,
                Chennai-15

                2.The Block Development Officer,
                Panchayat,
                Gummidipoondi,
                Tiruvallur District- 601 201,
                (Respondent name amended as per I.A.No.460 of 2021,
                Dated:22.04.2021).
                                                                                 ... Appellants
                                                      Vs.
                E.Kamalanathan
                                                                                ... Respondent


                Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor

                Vehicles Act, 1988 praying to set aside the Award and Decree dated 28.09.2022,

                passed by the Motor Accident Claims Tribunal No.2, Special Sub Court to Deal

                with Motor Accidents Claims cases, Thiruvallur made in MCOP.No.197 of

                2019.

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                                                                                 C.M.A.No.1080 of 2023




                          For Appellants : Mr.C.Jayaprakash,
                                          Government Advocate


                                                     JUDGMENT

The appeal is filed challenging the quantum of compensation awarded by

the Claims Tribunal for the injuries sustained by the claimant in the motor

accident which occurred on 10.04.2019.

2. For the sake of convenience, the parties are referred to as per their

rank before the Tribunal

3. According to the claimant, while he was travelling in the Bolero Jeep

along with Election flying force officers the driver of the Bolero Jeep drove the

vehicle in a rash and negligent manner and hit a Tamarind Tree. Due to the

impact the claimant sustained grievous injuries. The claimant therefore filed

the claim petition claiming a sum of Rs. 25,00,000/- as compensation along

with 7.5% interest.

4. The respondents before the Claims Tribunal filed counter denying all

the allegations and contentions raised in the claim petition, including

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

C.M.A.No.1080 of 2023

negligence and quantum of compensation.

5. The Claims Tribunal, on the assessment of the entire evidence on

record, found that the negligence of the driver of the Bolero Jeep belonging to

the first respondent resulted in the accident. The Claims Tribunal, on the basis

of the documents filed by the claimant, awarded a sum of Rs.1,73,000/- along

with 7.5% interest from the date of claim petition till the date of realization.

6. Aggrieved by the compensation awarded by the Claims Tribunal, the

first and second respondents have filed the above appeal..

7. The learned Government Advocate appearing for the appellants

submitted that the impugned award passed by Claims Tribunal was

unsustainable. The learned counsel submitted that the compensation towards

the various heads were exorbitant and deserved to be modified.

8. I have gone through the materials placed before me and I am of the

view that the Award of the Claims Tribunal is fair and reasonable. As per

Ex.C.1 the disability certificate the claimant sustained fracture of left clavicle,

Left Scapula Fracture, Scalp Laceration and left parietal region scalp https://www.mhc.tn.gov.in/judis

C.M.A.No.1080 of 2023

hematoma. The Medical Board assessed the disability at 26%. The Claims

Tribunal adopted the unit method and awarded Rs.5,000/- per percentage of

disability. I find no reason to interfere with the award under the said head.

Even under the other heads, I find that the award is very reasonable and does

not call for interference by this Court.

In the light of the above discussion, the appeal is dismissed at the

admission stage. There shall be no order as to costs. Consequentially connected

Miscellaneous Petition is closed.

01.06.2023

dsn Index: Yes/No Speaking Order: Yes/No Neutral citation: Yes/No

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

C.M.A.No.1080 of 2023

To

1.The Special Sub Judge, Motor Accidents Claim Tribunal, Thiruvallur.

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

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

C.M.A.No.1080 of 2023

N.MALA.J., dsn

CMA.No.1080 of 2023 and CMP.No.10291 of 2023

01.06.2023

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