Madras High Court
Kanagaraj vs Mohamed Ansari on 20 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1329 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1329 of 2024
Kanagaraj ... Appellant
vs.
1. Mohamed Ansari
2. Shaha Abdul Hameed
3.IFFCO-TOKIO, General Insurance Company Limited,
Represented by its General Manager,
Having office at No.28, (Old No.195),
North Usman Road, T.Nagar,
Chennai. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 08.03.2024 in
M.C.O.P. 99 of 2021 on the file of the Motor Accident Claims Tribunal,
Sub Court, Karaikal.
For Appellant : Mr.R.Natarajan
For R3 : Ms.R.Rathnathara
1/11
https://www.mhc.tn.gov.in/judis
CMA.No.1329 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P. 99 of 2021 on the
file of the Motor Accident Claims Tribunal, Karaikal. He filed the claim
petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.20,57,583/- for the injuries sustained by him in a road
accident that occurred on 10.03.2020.
2. The brief case of the appellant / claimant is as follows :
On 10.03.2020, the claimant was riding his two wheeler bearing
Registration Number PY-01-CC-1490 on Bharathiar Road, Karaikal and
a speeding car bearing Registration Number TN-51-AD-3451 belonging
to the second respondent came in the opposite direction and hit the two
wheeler driven by the claimant, as a result of which, he sustained injuries
all over his body. He was immediately rushed to Government Hospital,
Karaikal from where he was referred to Krishna Hospital, Mayiladuthurai
for further treatment.
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3. According to the claimants, the rash and negligent driving of
the driver of the car bearing Registration Number TN-51-AD-3451 was
the cause of the accident and that since the said vehicle was insured with
the third respondent, the Iffco-Tokio, General Insurance Company
Limited, the owner and the insurer are jointly and severally liable to pay
compensation to him.
4. In the Tribunal the driver and owner of the car remained
absent and were set ex parte. The third respondent resisted the claim
petition on all the grounds available to the insurer under Section 170 of
the Motor Vehicles Act.
5. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the driver of the car bearing
Registration Number TN-51-AD-3451 and the claimant in the ratio 90:10
and directed the third respondent to pay compensation of 7,91,541/- (90%
of the total compensation of Rs.8,79,490/-) to the appellant (claimant)
together with interest at the rate of 7.5% per annum from the date of the
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petition till the date of realisation, vide its orders dated 08.03.2024. The
Tribunal also held that the liability of the respondents are joint and
several.
6. Aggrieved over the quantum of compensation and the
contributory negligence fastened on the part of the claimant by the
Tribunal, the claimant has filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
7. Heard Mr.R.Natarajan, learned counsel appearing for the
appellants and Ms.R.Rathnathara, learned counsel appearing for the third
respondent.
8. Mr.R.Natarajan, learned counsel appearing for the appellant
contended that the claimant was a Assistant Field Officer in Agricultural
Department, Karaikal, earning a sum of Rs.60,000/- per month. However,
the Tribunal fixed the notional monthly income of the claimant only as
Rs.5,000/-. He further contended that the left leg of the claimant was
amputated below the knee level and the Medical Board attached to
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Government Hospital, Karaikal has assessed the partial permanent
disability of the claimant as 70%. However, the Tribunal had not awarded
just compensation to the claimant. He therefore prayed for enhancement
of compensation.
9. Per contra Ms.R.Rathnathara, learned counsel appearing for
the third 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 seen from the records that the entire negligence was
fixed on the second respondent's vehicle bearing Registration Number
TN-51-AD-3451. However, the Tribunal had fixed contributory
negligence on the part of the claimant to the extent of 10% since he did
not have a valid driving licence on the date of accident. When the
negligence is on the part of the driver of the car fastening contributory
negligence on the claimant on the ground that he did not have a driving
licence on the date of accident is erroneous. Moreover, there is nothing on
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record to show that the claimant also contributed to the accident. Hence,
the order of the Tribunal fastening negligence on the part of the claimant
to the extent of 10% is set aside.
11. The Medical Board attached to Government Hospital,
Karaikal, has assessed the partial permanent disability of the claimant as
70%. The Tribunal has awarded Rs.5,000/- per percentage of disability
since there was no functional disability. The disability certificate does not
speak about functional disability. The age of the claimant was 59 years at
the time of accident and the accident took place in the year 2020.
Considering the same, awarding Rs.7,000/- per percentage would meet the
ends of justice. Therefore, a sum of Rs.4,90,000/- (7,000 x 70 = 4,90,000)
is awarded towards partial permanent disability. The following tabular
column would show the amount awarded by the Tribunal and the
enhanced amount awarded by this Court under various heads.
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S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Partial Permanent 3,50,000/- 4,90,000/-
Disability
(Rs.7,000/- x 70 =
4,90,000)
2. Pain and sufferings 50,000/- 2,00,000/-
3. Loss of amenities 50,000/- 50,000/-
4. Attender's charges 50,000/- 50,000/-
5. Transport expenses 25,000/- 30,000/-
6. Extra nourishment 25,000/- 50,000/-
7. Damages to 1,000/- 1,000/-
clothes
8. Medical Bills 3,28,490/- 3,28,490/-
TOTAL 8,79,490/- 11,99,490/-
12. Thus, the compensation awarded by the Tribunal is enhanced
to Rs.11,99,490/- which would carry interest at the rate of 7.5% per
annum.
13. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
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ii. The compensation awarded by the Tribunal is enhanced to
Rs.11,99,490/- with interest at the rate of 7.5% per annum.
iii. The orders passed by the Tribunal fixing 10% of contributory
negligence on the part of the claimant is set aside.
iv. The appellant / claimant is directed to pay the 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
draft the decree only after receipt of the Court fee.
v. The third respondent, the Iffco-Tokio, General Insurance Company
Limited, is directed to deposit the enhanced compensation amount
i.e., Rs.11,99,490/- (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 within a period of four weeks from
the date of receipt of a copy of this order / uploading of this order
to the credit of M.C.O.P. 99 of 2021 on the file of the Motor
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Accident Claims Tribunal, Sub Court, Karaikal.
vi. On such deposit being made, the appellant / claimant is at liberty to
withdraw the same, after following due process of law.
20.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1.The Motor Accidents Claims Tribunal,
Sub Court, Karaikal.
2.IFFCO-TOKIO, General Insurance Company Limited,
Represented by its General Manager,
Having office at No.28, (Old No.195),
North Usman Road, T.Nagar,
Chennai.
3.The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
mtl
20.09.2024
https://www.mhc.tn.gov.in/judis
