R.Natarajan vs Minor.Nandhakumar
2023 Latest Caselaw 14443 Mad

Madras High Court

R.Natarajan vs Minor.Nandhakumar on 21 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                           CMA.No.925 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 21.11.2023

                                           CORAM: JUSTICE N.SESHASAYEE

                                                  CMA.Nos.925 of 2022

                     R.Natarajan                                              ... Appellant

                                                         -Vs-

                     1.Minor.Nandhakumar
                     Rep. by next friend father
                     Selvam
                     2.Mr.K.Ganean                                          ...Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
                     M.V.Act, 1988, against the Decree and Judgment dated 05.01.2021
                     passed in M.C.O.P.No.1079 of 2014 on the file of Motor Accident
                     Claims Tribunal Cum Special Subordinate Court, Dharmapuri.



                                  For Appellant    : Mr.M.Selvam
                                  For R1           : Mr.V.R.Annagandhi
                                  For R2           : died


                                                      JUDGMENT

The appellant herein is the owner of a two wheeler bearing Regn.No.TN

29 E 4908. He is now before the Court challenging the award passed by

the Tribunal, wherein, it granted a compensation of Rs.1,21,960/- for the

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

injury caused to a minor aged around 4 years. The accident had taken

place on 25.04.2013. At the relevant time when the accident took place,

the vehicle was driven by the second respondent. The Tribunal has

fastened the liability jointly and severally on both the respondents in the

claim petition. As indicated, this award is under challenge.

2.The learned counsel for the appellant submitted that the Tribunal had

wrongly directed the appellant to share the liability, when it has found the

second respondent negligent.

3.The learned counsel for the first respondent submitted that the second

respondent died during the pendency of this case and he is stated to have

deposited 50% of the compensation amount as awarded by the Tribunal

prior to his death.

4.This Court perused the records and finds that there is hardly any

infirmity in the award of the Tribunal. In deed, the owner of the vehicle

will be liable for the negligence of the driver and it has been pointedly

addressed to by the Tribunal.

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5.This Court does not find any merit in this appeal and accordingly, it is

dismissed. Further, this Court is informed by the learned counsel for the

first respondent that the sum awarded by the Tribunal has been deposited

before the Tribunal. The claimant is entitled to withdraw the award

amount along with proportionate interest and costs, less the amount if

any, already withdrawn No costs.

21.11.2023

Tsg

To

1.The Motor Accident Claims Tribunal, Special Subordinate Court, Dharmapuri.

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

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

N.SESHASAYEE, J.,

Tsg

21.11.2023

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