Madras High Court
The Director General Of Police vs M.Asokan on 22 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2841 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2841 of 2024 and
C.M.P.No.23306 of 2024
1. The Director General of Police,
Chennai.
2. The Superintendent of Police,
Vellore. ... Appellants
vs.
1. M.Asokan
2. K.Saravanan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 31.10.2023 in
M.C.O.P.228/2007 on the file of the Motor Accident Claims Tribunal,
Principal Subordinate Court, Vellore.
For Appellants : Mr.B.Tamil Nidhi
Additional Government Pleader
JUDGMENT
Questioning negligence fastened on the part of the driver of the
Police Jeep bearing Registration number TN-23-G-0470 and the quantum
https://www.mhc.tn.gov.in/judis
of compensation awarded by the Motor Accident Claims Tribunal, Vellore
in M.C.O.P.228/2007, the present appeal is filed by the appellants, the
Director General of Police, Chennai and the Superintendent of
Police,Vellore.
2. The first respondent filed a claim petition under Section 166
of Motor Vehicles Act, in M.C.O.P.228/2007 before the Motor Accident
Claims Tribunal, Vellore, seeking compensation of Rs.5,00,000/- for the
injuries sustained by him in a road accident that occurred on 03.09.2006.
3. The brief case of the claimant is as follows :
On 03.09.2006, the claimant was riding a two wheeler bearing
Registration number TN-05-H-5582 along with his wife Valarmathi as
pillion rider and they were proceeding towards Periya Venkatasamudram
village from Kilalathur. At about, 9.15 a.m., a speeding Police Jeep
bearing Registration number TN-23-G-0470, hit the two wheeler, as a
result of which, the claimant fell down and sustained injuries all over his
body. He was immediately rushed to Government Hospital, Ambur.
https://www.mhc.tn.gov.in/judis
4. According to the claimant, the rash and negligent driving of
the driver of the Police Jeep bearing Registration number TN-23-G-0470
was the cause of the accident and therefore, the appellants are liable to pay
compensation to him.
5. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the driver of the Police Jeep and the claimant in
the ratio 90:10 as the claimant did not have a valid driving licence on the
date of accident and awarded compensation of Rs.1,09,184/- (90% of total
compensation of Rs.1,21,316/-) together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation.
6. Aggrieved over the quantum compensation and fastening
negligence on the driver of the Jeep, the appellant has filed the present
appeal under Section 173 of the Motor Vehicles Act, 1988.
7. Heard Mr.B.Tamil Nidhi, learned Additional Government
Pleader for the appellants.
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8. Mr.B.Tamil Nidhi, learned counsel for the appellants
contended that the Tribunal had come to the conclusion that the rider of
the two wheeler did not have a valid driving licence on the date of
accident. However, it fastened negligence on the part of the driver of the
Jeep and awarded exorbitant amount of Rs.1,09,184/- as compensation to
the claimant.
9. Negligence:
A perusal of the records shows that the driver of the Police Jeep
was rash and negligent in driving his vehicle. The FIR (Ex.P1) was
registered against the driver of the Police Jeep. There is nothing on record
to show that the rider of the two wheeler was rash and negligent in driving
his vehicle. In the circumstances, fastening 10% of contributory negligence
on the part of the claimant by the Tribunal is erroneous and the same is
hereby set aside.
10. Quantum:
A perusal of the records shows that the claimant had sustained
fracture on his leg and the Medical Board attached to Government
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Hospital, Vellore assessed the disability of the claimant as 10%. Since
there is no functional disability, the Tribunal has awarded a sum of
Rs.30,000/- towards partial permanent disability. The award passed by the
Tribunal under various heads is shown below:
S.No. Heads Amount awarded by
the Tribunal
1 Disability Rs.30,000/-
(10% X 3000)
2 Pain and Sufferings Rs.10,000/-
3 Extra nourishment Rs.10,000/-
4 Transport and Hospital Rs.10,000/-
5 Damages to clothes Rs.2,000/-
6 Medical Expenses Rs.21,516/-
7 Future Medical expenses Rs.10,000/-
8. Attendant Charges Rs.1,800/-
9. Loss of income Rs.16,000/-
10. Loss of Amenities Rs.10,000/-
Total Rs.1,21,316/-
11. A bare perusal of the Award passed by the Tribunal clearly
shows that the Tribunal had awarded just compensation to the claimant
and I do not find any reason to interfere with the same.
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12. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(iii) The quantum of compensation awarded by the Tribunal is
upheld.
(ii) 10% of the contributory negligence fastened on the part of
the claimant is set aside.
22.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
To
1.The Motor Accident Claims Tribunal,
Principal Subordinate Court,
Vellore.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
vum
C.M.A.No.2841 of 2024 and
22.10.2024
https://www.mhc.tn.gov.in/judis
