Madras High Court
Assistant Executive Engineer vs Radha on 26 February, 2025
C.M.A.(MD) No.1626 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.1626 of 2024
and C.M.P(MD)No.17293 of 2024
Assistant Executive Engineer,
Sub Division No.1,
Public Works Department,
Collectorate Post,
Ramanathapuram. ...Appellant
vs.
1. Radha
2. Geetha
3. Usha ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, to to set aside the order passed in M.C.O.P.No.16 of 2022
dated 06.03.2023 on the file of Motor Accident Claims Tribunal /
Additional District Court, Ramanathapuram by allowing this appeal.
For appellant : Mr.B.Saravanan
Additional Government Pleader
For Respondents : Mr.S.A.Ajmal khan
******
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Page No. 1 of 6
C.M.A.(MD) No.1626 of 2024
JUDGMENT
This civil miscellaneous appeal has been preferred by the
respondent against the award dated 06.03.2023 passed in M.C.O.P.No.
16 of 2022 by the Motor Accident Claims Tribunal / Additional District
Court, Ramanathapuram on quantum and as regards the negligence
issue.
2. Heard the arguments of Mr.B.Saravanan, learned Additional
Government Pleader appearing for the appellant and Mr.S.A.Ajmal Khan,
learned counsel appearing for the respondents.
3. The claim petition was filed under Section 166 of the Motor
Vehicles Act, 1988 by the daughters of Marungappan, claiming
compensation of Rs.15,00,000/- for the death of the said person on
account of the road traffic accident that occurred on 16.06.2021.
4. Upon consideration, the Tribunal fastened the entire liability
upon the respondent who is the owner of the vehicle (TN-65-G-0632 /
Jeep) and the award was passed for a sum of Rs.13,26,600/-.
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5. It is the evidence of ocular witness P.W2 - Selvam that on
16.06.2021 at about 3.00 p.m., while the deceased Marungappan was
riding his two wheeler TVS XL (TN-65-R-7179) from Rameswaram to
Ramanathapuram N.H.Road from west to east direction along the left
side of the road near Servaikaran Oorani, the driver of Government
Mahindra Jeep bearing registration No. TN-65-G-0632 belongs to the
respondent came in a rash and negligent manner and hit against the two
wheeler of Marungappan and he sustained serious injuries.
6. It is also learnt that soon after the accident, he was taken to
Ramanathapuram Government Hospital and thereafter, he was taken to
Madurai Government Hospital on 18.06.2021 and succumbed to the
injuries on the next day.
7. R.W.2 - Driver of the Government Jeep would state that
because of the rash and negligent driving of the deceased only the
accident happened and he drove the jeep carefully and in a moderate
speed.
8. More so, F.I.R was registered against the driver of the jeep. By
analysing the evidence of ocular witnesses, namely P.W2 and R.W2, the
Tribunal has concluded that the accident happened due to the rash and
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negligent driving of the driver of the Government Jeep as mentioned
supra. This Court does not find any good reasons to upset the said
finding of the learned Tribunal and the said finding does not suffer from
any infirmity or perversity.
9. As per the evidence of P.W.1 - Radha, the deceased was a
fisherman and earning a sum of Rs.20,000/- per month and Ex.P9 is the
Fisherman Identity Card of the deceased. As per Ex.P12 - Postmortem
Certificate and Ex.P8 - Passport of the deceased, the age of the
deceased is fixed as 53 years. The Tribunal has fixed the notional
income of deceased at Rs.12,000/- per month. As per the law laid down
by the Hon'ble Supreme Court in National Insurance Co. Ltd., vs. Pranay
Sethi and others reported in 2017 (2) TN MAC 609 (SC), for the age
group of persons 50-60 years, 10% has to be added as future prospects.
The claimants are three in number and as per the above said judgment,
1/3rd has been deducted for personal and living expenses and the
relevant multiplier to be adopted is '11'. This Court does not find any
valid reason to disturb the finding of the learned Tribunal as to the
quantum arrived by the Tribunal. As regards the other heads, the
amounts awarded by the Tribunal appears to be reasonable and
acceptable and hence, it needs no interference.
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10. Based on the aforesaid discussions and observations, this Civil
Miscellaneous Appeal stands dismissed. No costs. Consequently,
connected Civil Miscellaneous Petition stands closed.
26.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
mac
To
1. The Motor Accident Claims Tribunal,
Additional District Court, Ramanathapuram
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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R.KALAIMATHI,J.,
mac
and C.M.P(MD)No.17293 of 2024
26.02.2025
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