Ramar vs P.Vignesh Kumar
2023 Latest Caselaw 7107 Mad

                                                                               C.M.A.No.1967 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 27.06.2023
                                                       CORAM
                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                C.M.A.No.1967 of 2018

                Ramar                                                                       .. Appellant
                                                        Versus
                1.P.Vignesh Kumar

                2.United India Insurance Company Limited
                Katpadi Road
                Vellore                                                                .. Respondents

                Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
                Vehicles Act, 1988 against the Judgment and Decree of the Motor Accidents
                Claims            Tribunal   (Subordinate     Judge)     Vaniyambadi        made      in
                M.A.C.T.O.P.No.48 of 2013 dated 15.07.2016.

                                   For Appellant            : M/s.Terry Chella Raja
                                   For Respondents          : Insufficient Address for R1
                                                              Mr.S.Arunkumar for R2

                                                     JUDGMENT

The Civil Miscellaneous Appeal has been filed against the Judgment and

Decree of the Motor Accidents Claims Tribunal (Subordinate Judge)

Vaniyambadi made in M.A.C.T.O.P.No.48 of 2013 dated 15.07.2016.

https://www.mhc.tn.gov.in/judis C.M.A.No.1967 of 2018

2.The appellant herein is the injured/claimant seeking to challenge the

award passed by the Tribunal in M.A.C.T.O.P.No.48 of 2013 on the ground of

quantum and negligence.

3. The first respondent is the owner of the offending vehicle, the second

respondent is the Insurance Company. For the sake of convenience, the parties

are referred to as per their ranking before the trial Court. The factum of the

accident and the manner of the accident is not in dispute.

4. During the trial before the Tribunal, the Claim Petitioner examined

himself as PW1. Ex.P1 to P15 were marked. Ex.P1 is the FIR, Ex.P2 is the

wound certificate, Ex.P8 is the Medical Bills and Ex.P10 is the disability

certificate of the injured. The Tribunal on consideration of both oral and

documentary evidences came to conclusion that the accident has taken place

due to the carelessness of the appellant/claim petitioner, accordingly, fixed the

negligence liability on the head of the appellant/claim petitioner at 50%.

Considering the disability certificate, the Tribunal fixed the permanent

disability at 63% and granted the compensation as tabled below:

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                                                                           C.M.A.No.1967 of 2018


                                   Calculation                                Rs.
                 Loss of future earning                                 Rs.5,29,200/-
                 Partial loss of earning                                Rs.30,000/-
                 Transport expenses                                     Rs.30,000/-
                 Pain and suffering                                      Rs.5,000/-
                 Loss of amenities                                      Rs.10,000/-
                 Medical expenses                                        Rs.1,956/-
                 Total – 50% towards contributory negligence           6,06,156 – 50%
                 Net total                                               3,03,078/-

5. After hearing the counsel for the Appellant Insurance Company and

also taking note of the plea raised by the appellant/claim petitioner, this Court

is of the considered view that contributory negligence of 30% is sufficient to be

put on the head of the appellant/claim petitioner. Accordingly, the 50% of the

contributory negligence put on the head by the Tribunal is reduced at 30%.

Hence, the award amount is enhanced as (i.e., 6,06,156 – 1,81,846 (30%) =

4,24,310) after taking note of the contributory negligence.

6. In fine,

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

indicated above and the contributory negligence is fixed at the ratio of 70:30

among the insurance company and the appellant/claimant. Accordingly, the

https://www.mhc.tn.gov.in/judis C.M.A.No.1967 of 2018

compensation awarded is enhanced from Rs.3,03,078/- to Rs.4,24,310/-. The

rate of interest awarded by the Tribunal remains in tact. No Costs.

Consequently, connected miscellaneous petition is closed, if any.

(ii) the second respondent/Insurance Company is directed to deposit the

enhanced award amount before the Tribunal, within a period of six 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

any, already withdrawn, by filing necessary application before the Tribunal.

(iv) the appellant is directed to pay the court fee, if any, for the enhanced

compensation amount and the Registry is directed to draft the decree only after

the receipt of Court fee.

27.06.2023 Internet : Yes/No Speaking Order/Non-Speaking Order dhk

https://www.mhc.tn.gov.in/judis C.M.A.No.1967 of 2018

To

The Presiding Officer, Motor Accidents Claims Tribunal (Subordinate Judge) Vaniyambadi

https://www.mhc.tn.gov.in/judis C.M.A.No.1967 of 2018

A.A.NAKKIRAN, J.

dhk

C.M.A.No.1967 of 2018

27.06.2023

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