R. Kathiravan … vs K. Rajalingam …Respondent
2025 Latest Caselaw 5486 Mad

Citation : 2025 Latest Caselaw 5486 Mad
Judgement Date : 30 June, 2025

Madras High Court

R. Kathiravan … vs K. Rajalingam …Respondent on 30 June, 2025

                                                                                            C.M.A.No.2841 of 2023


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                      Reserved on                              04.06.2025
                                    Pronounced on                              30.06.2025
                                                          CORAM


                  THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
                                              C.M.A.No.2841 of 2023


                  R. Kathiravan                                                        …Appellant
                                                      Vs.
                  K. Rajalingam                                                        …Respondent


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act,1988, against the judgment and decree in                  MCOP. No.823 of
                  2019 dated 27.06.2023 on the file of the Motor Accident Claims Tribunal (II
                  Additional Subordinate Judge) Cuddalore.
                                  For Appellant        : Ms.Ramya V. Rao
                                  For Respondent        : No Appearance


                                                                JUDGMENT

Being aggrieved by the Award dated 27.06.2023 passed by Motor

Accident Claims Tribunal (II Additional Subordinate Judge) Cuddalore, in

MCOP No.823 of 2019, whereby the claim petition was dismissed, the present

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

appeal has been filed.

2. The brief facts of the case are as follows:

2.1. On 12.01.2019, at about 17.50 hours when the appellant/claimant

was riding his TVS XL Super Moped bearing Registration No. TN31C9216

on Cuddalore-Nellikuppam main road, proceeding from east to west at a

moderate speed following the traffic rules, opposite to Sathanas Tailor Shop at

Chavady, the respondent's Honda Dio Motor Cycle bearing Registration No.

TN31BF6426 came in the opposite direction from west to east at a great

speed in a rash and negligent manner and dashed against the appellant's two

wheeler, as a result of which, the appellant/claimant sustained fracture on the

left leg tibia bone proximal 1/3rd, lacerated injury on left leg, knee and

foot,grievous injury on head with Hematoma, heavy impact on hip and chest

and multiple fracture and grievous injuries all over the body. The

appellant/claimant was taken to the Government Hospital in Cuddalore and

then to private hospitals for treatment. According to the claimant, the

accident occurred only due to the rash and negligent riding of the respondent.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

2.2. According to the appellant/claimant, at the time of accident, he

was a tailor earning a sum of Rs.20,000/- per month. Hence, the claim

petition has been filed by the appellant claiming a sum of Rs.10,00,000/- as

compensation for the injuries sustained by him in the said accident.

2.3 Despite notice and paper publication, the respondent failed to

appear before the Tribunal and was set ex parte on 03.02.2020. The Tribunal

proceeded to hear the claimant. On the side of the claimant, the claimant

examined himself as P.W.1 and marked Ex.P1 to Ex.P6. The report of the

Medical Board was marked as Ex.C1.

2.4. The Tribunal dismissed the Claim Petition filed by the claimant by

stating that the injuries sustained by the claimant was not substantiated by

medical records. Aggrieved over the same, the present Civil Miscellaneous

Appeal has been filed by the claimant.

3. Ms.Ramya V. Rao, learned counsel for the appellant/claimant submits

that the Accident Register issued by the Government Hospital, Cuddalore,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

was marked as Ex.P2 and the Medical Board has assessed the disability of the

claimant at 27% and issued Disability Certificate and the same was marked as

Ex.C1. However, the Tribunal, without proper appreciation of evidence on

record, erroneously dismissed the Claim Petition, which requires interference

by this Court. The counsel further submits that the alleged accident took

place due to the negligence act of the respondent. Since Motor Vehicles Act

is a beneficial legislation, the injured appellant has to be compensated for the

injuries sustained by him.

4. Though the name of the respondent is printed in the cause list after

due notice, there is no representation on behalf of the respondent.

5. The appellant/claimant filed the Claim Petition in MC.O.P.

No.823/2019 claiming compensation of Rs.10,00,000/- for the injuries

sustained by him in the road accident that took place on 12.01.2019. The

evidence of P.W.1, the FIR (Ex.P1), the Accident Register (Ex.P2) and the

Accident Inspection Report (Ex.P3) reveal that the appellant/claimant has met

with an accident and suffered injuries. However, the Tribunal dismissed the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

Claim Petition on the ground that the injury was not proved by production of

Discharge Summary and other medical records. The oral and documentary

evidence adduced on the side of the appellant/claimant would clearly prove

that the appellant sustained grievous injuries in the said accident. The

Medical Board at Government Head Quarters Hospital, Cuddalore, on

20.12.2022, after examining the appellant/claimant, assessed the partial

disability of the appellant at 27% and issued Disability Certificate (Ex.C1).

The claimant/appellant has also proved that the accident took place only due

to the negligence on the part of the respondent motorcycle rider by producing

the FIR (Ex.P1). No contrary evidence was produced on the side of the

respondent to rebut the same.

6. Considering the facts and circumstances of the case, this Court is of

the view that the appellant would be entitled for compensation.

7. The injured was 30 years old at the time of alleged accident. The

Disability Certificate (ExC1) issued by the Medical Board, Cuddalore, reveals

that the injured has suffered 27% permanent disability. Considering the age

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

of the claimant and the year of accident, a sum of Rs.2,000/- per percentage of

disability is awarded. Hence, a sum of Rs.54,000/- is awarded towards

partial permanent disability. Considering the above said disability and

perusing the medical records and the nature of injuries suffered by the

claimant/appellant, this Court is inclined to award a just and fair

compensation under the following heads.

                        S.No. Description                                 Amount Awarded by this
                                                                                          Court
                        1.        Partial           permanent                                54,000/-
                                  disability                                               (27x2000 )
                        2.        Pain and sufferings                                        15,000/-
                        3.        Transportation and extra                                    5,000/-
                                  nourishment
                                  Total                                                      74,000/-




                             8. In the result,

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

ii. The judgment and decree made in MCOP. No.823 of 2019 dated

27.06.2023 on the file of the Motor Accident Claims Tribunal (II

https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 02:29:06 pm )

Additional Subordinate Judge) Cuddalore. is set aside.

iii. A compensation of Rs.74,000/- is awarded to the appellant /claimant.

iv. The respondent, is directed to deposit the compensation amount of

Rs.74,000/- 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 MCOP.

No.823 of 2019 dated 27.06.2023 on the file of the Motor Accident

Claims Tribunal (II Additional Subordinate Judge) Cuddalore. within a

period of four weeks from the date of receipt of a copy of this