Madras High Court

S.Sivaraman vs C.Veeraragavan on 12 September, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                     CMA.No.1615 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 12.09.2024

                                                          CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                                    C.M.A.No.1615 of 2024
                     S.Sivaraman                                                     ... Appellant
                                                             vs.
                     1. C.Veeraragavan
                     2. United India Insurance Company Limited,
                        Motor Third Party Claims Hub,
                        Silingi Building, 4th Floor,
                        No.132, Greams Road,
                        Chennai - 600 006.                                          ...
                     Respondents
                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Award dated 01.12.2023 in
                     M.C.O.P.844/2017 on the file of the Motor Accident Claims Tribunal, VI
                     Small Causes Court, Chennai.

                                    For Appellant       : Mr.K.Balaji
                                    For R2              : Mrs.R.Rathna Thara

                                                      JUDGMENT

The appellant is the claimant in M.C.O.P.844/2017 on the file of

the Motor Accident Claims Tribunal, Chennai. He filed the claim petition

under Section 166 of the Motor Vehicles Act and Rule 3 of the M.A.C.T.

Rules seeking compensation of Rs.20,00,000/- for the injuries sustained

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

by him in a road accident which happened on 09.12.2016.

2. The brief case of the appellant / claimant is as follows :

On 09.12.2016, the claimant was travelling as a pillion rider in a

two-wheeler bearing Registration number TN-19-S-8902 on G.S.T.Road,

Tambaram-Chengalpattu G.S.T.Road. When he was nearing Thailavaram

junction, a bus bearing Registration number TN-21-N-1342, hit the two

wheeler, as a result of which, he sustained injuries all over his body. He

was immediately rushed to a hospital where he took treatment as an

inpatient from 09.12.2016 to 01.02.2017.

3. According to the claimant, the rash and negligent driving of

the driver of the bus bearing Registration number TN-21-N-1342 was the

cause of the accident and that since the said vehicle was insured with the

second respondent, the United India Insurance Company Limited, the

owner and the insurer are jointly and severally liable to pay compensation

to him.

4. In the Tribunal, the owner of the vehicle remained absent and

was set exparte. The second respondent resisted the claim petition on all

the grounds available to the insurer under Section 170 of the Motor

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Vehicles Act.

5. The Tribunal after analysing the evidence on record, fastened

negligence on the part of the claimant and the driver of the bus bearing

Registration number TN-21-N-1342 in the ratio 50:50 and directed the

second respondent, Insurance Company to pay compensation of

Rs.1,33,000/- together with interest at the rate of 7.5% per annum from

the date of petition till the date of realisation, vide its orders dated

01.12.2023.

6. 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.

7. Heard Mr.K.Balaji, learned counsel appearing for the

appellant and Mrs.R.Rathna Thara, learned counsel for the second

respondent.

8. Mr.K.Balaji, learned counsel appearing for the appellant/

claimant contended that the claimant was a tailor by profession and that

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the Medical Board attached to Government Royapettah Hospital, Chennai

has assessed his disability as 30%. However, the Tribunal has not

awarded just compensation and therefore prayed for enhancement of the

same.

9. Per contra Mrs.R.Rathna Thara, learned counsel appearing

for the second respondent contended that the Award passed by the

Tribunal is based on the well laid principles of law which were in vogue at

the time of passing of the order and therefore, the same need not be

disturbed at this stage.

10. It is contended by the claimant that he is a tailor by

profession, but no satisfactory evidence was adduced by him to

substantiate the same. A perusal of the Discharge Summary (Ex.P13)

issued by the SRM Medical College Research and Hospital shows that the

claimant had sustained the following injury :

"Right Tibia Shaft Fracture with External."

11. The Medical Board attached to Government Hospital,

Royapettah had assessed the partial permanent disability as 30%. Since

there is no functional disability, the Tribunal has awarded a sum of

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Rs.1,50,000/- towards partial permanent disability. Since the accident

took place in the year 2016, a sum of Rs.7,000/- is fixed per percentage of

partial permanent disability and totally a sum of Rs.2,10,000/- is awarded

for 30% of partial permanent disability. A perusal of the discharge

summary shows that the claimant was hospitalised for about six months

and therefore a sum of Rs.60,000/- (10,000 X 6) is awarded towards loss

of income.

12. The Tribunal has fastened 50% of contributory negligence

on the part of the rider of the two wheeler in which the claimant was the

pillion rider on the ground that the rider of the two wheeler drove the

vehicle with two pillion riders. The Police based on the information given

by the driver of the bus bearing Registration number TN-21-N-1342,

registered FIR against the rider of the two wheeler. A perusal of the

records shows that the bus was proceeding towards Chengalpattu from

Tambaram and it was about to cross Thailavaram service road. The driver

of the bus should have been more careful while driving his vehicle. In any

event, the claimant was only a pillion rider and there is nothing on record

to show that he also contributed to the accident.

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13. It is settled law that if two tort-feasors are involved in an

accident, the claimant can proceed against any one of the trot-feasors and

all the tort feasors need not be shown as respondents. In the instant case,

the claimant had chosen to proceed against the driver of the bus and its

insurer. In the circumstances, fastening 50% of contributory negligence on

the part of the pillion rider of the two wheeler is totally erroneous.

Therefore, the same is liable to be set aside.

14. The following tabular column would show the award passed

by the Tribunal and the modification of the same by this Court:

                       S.No.               Heads           Amount awarded        Award of this
                                                            by the Tribunal         Court
                      1           Partial disability      Rs.1,50,000/-         Rs.2,10,000/-
                                                                                (30% x 7,000)
                      2           Medical Expenses        Rs.7,933/-            Rs.7,933/-
                      3           Loss of Income          Rs.20,000/-           Rs.60,000/-
                                                                                (10,000X6)
                      4           Pain and Sufferings     Rs.25,000/-           Rs.25,000/-
                      5           Transportation          Rs.5,000/-            Rs.10,000/-
                                  Expenses
                      6           Nutrition Expenses      Rs.10,000/-           Rs.15,000/-
                      7           Damage to Clothes       Rs.1,000/-            Rs.1,000/-
                      8           Attender's Charges      Rs.22,000/-           Rs.22,000/-
                      9           Loss of Amenities       Rs.25,000/-           Rs.25,000/-


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                       S.No.                 Heads              Amount awarded        Award of this
                                                                 by the Tribunal         Court
                                    Total               Rs.2,65,933/-    Rs.3,75,933/-

15. Thus, the compensation awarded by the Tribunal is

enhanced to Rs.3,75,933/- which would carry interest at the rate of 7.5%

per annum.

16. In the result,

i. The Civil Miscellaneous Appeal is partly allowed. No costs.

ii. The compensation awarded by the Tribunal is enhanced from to

Rs.3,75,933/-.

iii. 50% contributory negligence fastened on the part of the appellant,

claimant, is set aside.

iv. The appellant / claimant is directed to pay court fee for the

enhanced compensation amount, if any, within a period of four

weeks from the date of this order and the Registry is directed to