Madras High Court
C.Durai vs S.Prabakaran on 30 October, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2908 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE. R.HEMALATHA
C.M.A.No.2908 of 2024
C.Durai ... Appellant
Vs.
1.S.Prabakaran
2.Iffco-Tokio General Insurance Company Limited,
No.128, 4th Floor,
Iffco Bhavan,
Habibullah Road, T.Nagar,
Chennai – 600 017. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 12.07.2024 in
M.C.O.P.5156 of 2022 on the file of the Motor Accident Claims Tribunal,
IV Small Causes Court, Chennai.
For Appellant : Mr.M.Karuppaiah
For R2 : Mr.J.Michael Visuvasam
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2908 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.5156 of 2022 on the
file of the Motor Accident Claims Tribunal, Small Causes Court, Chennai.
He filed the claim petition under Section 166 of the Motor Vehicles Act,
seeking compensation of Rs.7,00,000/- for the injuries sustained by him in
a road accident that took place on 17.09.2022.
2. The brief case of the appellant / claimant is as follows :
On 17.09.2022, the claimant was walking along Chidambaram –
Trichy highways and at about 6.45 p.m., a speeding tipper lorry bearing
Registration Number TN-61-R-2300 hit a two wheeler bearing
Registration Number TN-46-F-3916 which in turn hit him and he
sustained injuries all over his body. He was immediately rushed to
Government Hospital, Ariyalur
2.1. According to the claimant, the rash and negligent driving of
the driver of the tipper lorry bearing Registration Number TN-61-R-2300
was the cause of accident and that since the said vehicle was insured with
the second respondent, the Iffco-Tokio General Insurance Company
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Limited, the owner and the insurer are jointly and severally liable to pay
compensation to him.
3. In the Tribunal the owner of the tipper lorry remained absent
and was set ex parte. The second respondent, the Iffco-Tokio General
Insurance Company Limited resisted the claim petition on all the grounds
available to the insurer under Section 170 of the Motor Vehicles Act.
4. The Tribunal, vide its orders dated 12.07.2024, fastened
negligence on the part of the driver of the tipper lorry bearing Registration
Number TN-61-R-2300 and further held that the owner of the tipper lorry
and the insurer are jointly and severally liable to pay compensation of
Rs.82,000/- to the appellant (claimant) together with interest at the rate of
7.5% per annum from the date of petition till the date of realisation.
5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellant (claimant) has filed the present appeal under
Section 173 of the Motor Vehicles Act, 1988.
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6. Heard Mr.M.Karuppaiah, learned counsel appearing for the
appellant and Mr.J.Michael Visuvasam, learned counsel appearing for the
second respondent.
7. A perusal of the records shows that the claimant was
admitted as an in-patient in Tanjore Medical College Hospital from
21.09.2022 to 28.09.2022. He sustained zygomatic fracture. The Medical
Board attached to Government Royapettah Medical College Hospital had
assessed the partial permanent disability of the claimant as 6%. Since
there is no functional disability, the Tribunal fixed a sum of Rs.7,000/-
per percentage of disability and awarded a sum of Rs.42,000/- towards
partial permanent disability. However, the Tribunal did not award any
amount towards loss of income and loss of amenities. According to the
claimant, he was aged about 56 years on the date of accident and was a
daily wager earning a sum of Rs.700/- per day. The accident took place in
the year 2022. Considering the age of the claimant and the year of the
accident, this Court is of the opinion that fixing notional monthly income
of the claimant as Rs.16,000/- would meet the ends of justice. On account
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of the accident, the appellant would not have been in a position to attend
to his regular work atleast for three months. Thus, a sum of Rs.48,000/-
(16,000 x 3= 48,000) is awarded towards loss of income and a sum of
Rs.10,000/- is awarded towards loss of amenities. The following tabular
column would show the amount awarded by the Tribunal and the amount
awarded by this Court under various heads.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Partial permanent 42,000/- 42,000/-
disability
2. Pain and sufferings 25,000/- 25,000/-
3. Transportation 5,000/- 5,000/-
charges
4. Extra nourishment 5,000/- 5,000/-
5. Attender's charges 5,000/- 5,000/-
6. Loss of income - 48,000/-
7. Loss of amenities - 10,000/-
TOTAL Rs.82,000/- Rs.1,40,000/-
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9. Thus, the compensation awarded by the Tribunal is enhanced
to Rs.1,40,000/- that would carry interest at the rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.1,40,000/-.
iii. The appellant / claimant is directed to pay the Court fee for the
enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after receipt of Court fee.
iv. The second respondent, the Iffco-Tokio General Insurance
Company Limited, Chennai, is directed to deposit the enhanced
compensation amount, i.e., Rs.1,40,000/- (less the amount already
deposited) together with interest at the rate of 7.5% per annum from
the date of claim petition till the date of deposit to the credit of
M.C.O.P.5156 of 2022 on the file of the Motor Accident Claims
Tribunal, IV Small Causes Court, Chennai, within a period of four
weeks from the date of receipt of a copy of this order / uploading of
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this order.
v. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same, after following due process of law.
30.10.2024
Index:Yes/No
Speaking/non Speaking order
Neutral Case citation: yes/no
mtl
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To
1. The Motor Accident Claims Tribunal,
IV Small Causes Court, Chennai,
2.Iffco-Tokio General Insurance Company Limited,
No.128, 4th Floor,
Iffco Bhavan,
Habibullah Road, T.Nagar,
Chennai – 600 017.
3. The Section Officer, V.R. Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J
mtl
30.10.2024
https://www.mhc.tn.gov.in/judis
