The District Rural Development ... vs Kaleel
2023 Latest Caselaw 5595 Mad

Citation : 2023 Latest Caselaw 5595 Mad
Judgement Date : 7 June, 2023

Madras High Court

The District Rural Development ... vs Kaleel on 7 June, 2023

                                                                         C.M.A.No.2189 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 07.06.2023
                                                     CORAM
                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                              C.M.A.No.2189 of 2019
                                            and Cros.Obj.No.19 of 2020

                C.M.A.No.2189 of 2019

                The District Rural Development Authority
                Block Development Officer (B.D.O.)
                Chengam Panchayat Union, Chengam Town
                Tiruvannamalai District                                           .. Appellant

                                                       Versus
                1.Kaleel

                2.The District Collector
                District Collector Office, Vengikkal
                Thiruvannamalai District
                Thiruvannamalai

                3.Velmurugan                                                    .. Respondents

Cros.Obj.No.19 of 2020

Kaleel .. Appellant

Versus The District Rural Development Authority Block Development Officer (B.D.O.) Chengam Panchayat Union Chengam Town Tiruvannamalai District

https://www.mhc.tn.gov.in/judis C.M.A.No.2189 of 2019

2.The District Collector District Collector Office, Vengikkal Thiruvannamalai District Thiruvannamalai

3. Velmurugan .. Respondents

CMA.No.2189 of 2019: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree of the Motor Accidents Claims Tribunal, the Special Sub Court, Thiruvannamalai made in M.C.O.P.No.566 of 2013 dated 17.12.2015.

Cros.Obj.No.19 of 2020: Cross Objection filed under Order 41 Rule 22 of CPC, against the Award dated 17.12.2015, made in MCOP.No.566 of 2013, on the file of the Motor Accidents Claims Tribunal, the Special Sub Court, Thiruvannamalai.

For Appellant : Mr.K.Dhananjayan for appellant in CMA and 1st Respondent in Cross Objection.

                                  For Respondents       : Mrs.A.Subadra for R1
                                                          and Cross Objector in Cross Objection

                                              COMMON JUDGMENT

The Civil Miscellaneous Appeal has been filed against the Judgment and

Decree of the Motor Accidents Claims Tribunal, the Special Sub Court,

Thiruvannamalai made in M.C.O.P.No.566 of 2013 dated 17.12.2015.

https://www.mhc.tn.gov.in/judis C.M.A.No.2189 of 2019

2.The District Rural Development Authority is the Appellant herein

seeking to challenge the award passed by the Tribunal in M.C.O.P.No.566 of

2013 on the ground of quantum.

3. The third respondent is the driver of the offending vehicle and the

second respondent is the administrative head of the appellant. The first

respondent is the claimant in the claim petition. For the sake of convenience,

the parties are referred to as per their ranking before the trial Court.

4. On 19.04.2008 at 03.00 PM, the claim petitioner/first respondent was

hit by the third respondent driver at Tiruvannamalai to Bangalore high road and

the claim petitioner sustained fractures at left thigh, injuries at his left leg, left

toe and all over the body. The claim petitioner filed a claim petition before the

Tribunal claiming Rs.10,00,000/- as compensation.

5. During the trial before the Tribunal, the Claim Petitioner was

examined himself as PW1. Ex.P1 to P6 were marked. Ex.P1 is the AR Copy,

Ex.P3 is the Discharge summary & Ex.P5 is the Disability Certificate of the

https://www.mhc.tn.gov.in/judis C.M.A.No.2189 of 2019

claimant. The Tribunal on consideration of both oral and documentary

evidences came to conclusion that the accident has taken place due to the rash

and negligent driving of the driver of the offending vehicle alone and the claim

petitioner/first respondent had sustained grievous injuries, accordingly, fixed

the negligence liability both on the appellant authority as the offending vehicle

is a Government vehicle, which is exempted from insurance. Considering the

age of the petitioner, i.e., 34 years, as per the medical records namely P2 to P4,

the Trial Court fixed the notional income as Rs.6,000/- per month. It further

accepted the evidence of PW2/Doctor fixing the permanent disability of the

claim petitioner as 50%. As the multiplier for 34 years of age is 16 as per Sarala

Verma's case reported in 2009 2 TN MAC 1 (SC) , it fixed the functional

disability of the claim petitioner as Rs.5,76,000/- (i.e., Rs.6000 x 12 x 16 x 50%

(functional disability) = Rs.5,76,000). Furthermore, the Trial Court granted

transport expenses as Rs.20,000/-, extra nourishment at Rs.25,000/-, pain and

suffering as Rs.65,000/-, damages to cloths as Rs.3000/-, totalling to the tune of

Rs.6,89,000/-.

https://www.mhc.tn.gov.in/judis C.M.A.No.2189 of 2019

6. After hearing the counsel for the Appellant Authority and also taking

note of the plea raised by the Appellant Authority, this Court is of the

considered view that the percentage of funcitional disability of the claimant

should be reduced and the same is hereby reduced to 40%. Accordingly, the

award amount is modified as below:

                                   Calculation                               Rs.
                 Functional Disability                                  Rs.4,60,800/-
                 (Rs.6000x12x16x40%)
                 Transport Expenses                                      Rs.20,000/-
                 Extra nourishment                                       Rs.25,000/-
                 Pain and sufferings                                     Rs.65,000/-
                 Damages to clothes                                       Rs.3,000/-
                 Total compensation is hereby fixed at                  Rs.5,73,800/-



                          7. In fine,

(i) this Civil Miscellaneous Appeal stands partly allowed to the extent

indicated above. Accordingly, the compensation awarded is reduced from

Rs.6,89,000/- to Rs.5,73,800/-. The rate of interest awarded by the Tribunal

remains in tact. No Costs. Consequently, the cross objection petition is

dismissed.

https://www.mhc.tn.gov.in/judis C.M.A.No.2189 of 2019

(ii) the Appellant Authority is directed to deposit the modified reduced

award amount before the Tribunal, within a period of eight weeks from the date

of receipt of a copy of this order, less the amount, if any already deposited.

(iii) On such deposit being made, the claimant is permitted to withdraw

his share in the award amount with proportionate accrued interest and costs, as

per the ratio of apportionment made by the Tribunal, less the award amount, if