High Court · 2025

C.M.A.No.1560 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.10.2025 CORAM:THE HONOURABLE Mrs. JUSTICE R.KALAIMATHIC.M.A.No.1560 of 2021V.Sangeeth ... Appellant vs.1.S.Sathish Kumar2.National Insurance Company Limited, 74A, Paramathi Road, Namakkal. ... RespondentsPRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the award passed in M.C.O.P.No.1366 of 2016 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Namakkal dated 08.05.2019. For appellant : Mr.R.Nalliyappan For R1 : No Appearance For R2 : Mr.S.Arunkumar1/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021J U D G M E N TThis Civil Miscellaneous Appeal has been preferred by the claimant against the Award dated 08.05.2019 made in M.C.O.P.No.1366 of 2016 passed by the Motor Accident Claims Tribunal /Chief Judicial Magistrate Court, Namakkal for enhancement of compensation.2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.3. The case of the claimant is that on 05.06.2016 at about 12.00 noon, while the claimant was riding his two wheeler bearing Reg.No.TN.77F 6501 along with his cousin brother, proceeding along Attur Main Roadthe at the part of Pallakadu Bus stop near the residence of Athimoolam house, rider of two wheeler bearing Reg.No.TN.77F.0874 came in a rash and negligent manner from the opposite side and hit upon the above said two wheeler. Due to the said impact, he sustained serious injuries. As the accident occurred due to the rash and negligent driving of the rider of the two wheeler, the owner and insurer of the said two wheeler, namely the first respondent and second respondent are jointly and severally liable to pay compensation to the claimant herein. 2/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 20214. Despite the receipt of notice, the first respondent neither appeared nor entered appearance through his counsel.5. Counter details of the Second Respondent is stated in brief:The manner of the accident as stated in the claim petition is incorrect. A complaint was lodged belatedly, after a day of occurrence. The accident register of the claimant is not marked. The claimant fell down from the two wheeler and sustained injuries. The amounts claimed under various heads are excessive. Hence, the claim petition is liable to be dismissed.6. At trial, to substantiate the details of the claim petition, on the claimant's side, two witnesses have been examined and twelve documents have been marked. Accident Register ( true copy) is Ex.P.2. Disability Certificate is Ex.P12. On the second respondent's side, one witness has been examined and one document has been marked.7. The Tribunal, upon consideration of oral and documentary evidence and after hearing the arguments advanced by either side, held that due to the rash and negligent driving of the rider of the first respondent, accident occurred and fastened liability on the owner of the vehicle namely, first 3/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021respondent. The Tribunal also held that as the first respondent did not possess valid driving license at the relevant point of time and the said details have been proved by the second respondent, the Tribunal ordered to pay the compensation of Rs.1,27,730/- with interest at the rate of 7.5% p.a.from the date of filing claim petition by the second respondent at the first instance, and to recover the same from the first respondent at a later point of time.8. From the evidence of P.W.1, it is deducible that on 05.06.2016 at about 12.00 noon, while riding his two wheeler bearing Reg.No.TN.77L 6501 with his cousin brother as pillion rider, the claimant was proceeding Attur Main Road. On perusal of the treatment records namely, Ex.P.2 & Ex.P.3, (Accident Register and Wound Certificate), it is seen that on 05.06.2006 at about 1.15 p.m., the claimant was admitted in Kovai Ganga Hospital, as an inpatient till 08.06.2016. The Medical Officer of Coimbatore. Ganga Hospital, Dr.Madhuperiyasamy has been examined as P.W.2. It is the evidence of P.W.2 that the big toe of the right foot of the claimant was amputated and he sustained laceration measuring 10x4cm on the right foot and he underwent surgery for the same.9. P.W.1 would state that he was working as a Marine Engineer at Chennai and earning a sum of Rs.50,000/- p.m. However, no document 4/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021was filed to prove his educational qualification or avocation. The date of accident is 05.06.2016 and the monthly income of the claimant is safely fixed at Rs.14,000/- per month. The Medical Board fixed the disability of the claimant at 10%. 10. In consideration of the injuries sustained by the claimant on account of the accident and the treatment given to him, an amount of Rs.42,000/- is granted for loss of income during treatment period. The functional disability of the claimant is fixed at 10% and in consideration of the above said details, Rs.5,000/- per percentage is granted ( Rs.10 x 5000 = Rs.50,000/-). For attender charges, a sum of Rs.10,000/- is granted. For loss of amenities, in consideration of the injuries sustained by the claimant a sum of Rs.15,000/- is granted.11. It was the contention of the second respondent that at the relevant point of time, the rider of the first respondent's two wheeler did not possess valid driving license and therefore, the second respondent is not liable to pay compensation to the claimant herein. In order to substantiate the said details, a certificate to the effect that the first respondent did not possess valid driving license was marked through RW1, who was examined to that effect. As the insurance policy was in force at the relevant point of time, the 5/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021Tribunal has rightly ordered that compensation be paid by the Insurance company at the first instance, and to recover the same from the first respondent at the relevant point of time. This portion of the order of the Tribunal does not suffer from any infirmity or perversity.12. As regards the other heads, the amounts granted by the Tribunal appear to be reasonable and acceptable, and it does not warrant any interference by this Court. The compensation awarded as mentioned supra is reworked and tabulated as given hereunder: Sl.No.DescriptionAmount Awarded by the Tribunal(Rs.)Amount awarded by this Court(Rs.)Award confirmed or enhanced or granted or reduced1For partial permanent disability 30,000/- 50,000/-Enhanced2For loss of income during the treatment period 10,000/- 42,000/-Enhanced3For attendant charges- 10,000/-Granted4For loss of amenities- 15,000/-Granted5For transport expenses 5,000/- 5,000/-Confirmed6For extra nourishment 10,000/- 10,000/-Confirmed 7For Medical expenses 42,730/- 42,730/-Confirmed8For Pain and sufferings 30,000/- 30,000/-Confirmed6/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021Total 1,27,730/-Rs.2,04,730/-Rounded off asRs.2,05,000/-the a13.13.133 13313. Thus, the compensation awarded by the Tribunal is enhanced from Rs.1,27,730/- to Rs.2,05,000/- which would carry interest at the rate of 7.5% per annum from the date of petition till the date of realisation.14. In the result, (i) The Civil Miscellaneous Appeal stands partly allowed. No costs.(ii) The compensation awarded by the Tribunal is enhanced from from Rs.1,27,730/- to Rs.2,05,000/-. (iii) The second respondent Insurance Company is directed to deposit the enhanced compensation amount now determined by this Court i.e., Rs.2,05,000/- (less the amount already deposited if any) 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.No.1366 of 2016 on the file of Motor Accidents Claims Tribunal / Chief Judicial Magistrate Court, Namakkal, 7/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021within a period of six weeks from the date of receipt of a copy of this Judgment, at the first instance and later recover the same from the 1st respondent / Owner of the insured vehicle.R.KALAIMATHI,J.kkd(iv) On such deposit being made, the appellant / claimant is permitted to withdraw the amount now determined by this Court along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal. (v) The appellant / claimant is directed to pay the Court fee for the enhanced compensation amount, if required.(vi) The Tribunal below shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimant. 07.10.2025 NCC: Yes/NoIndex :Yes / NoInternet:Yes / Nokkd8/9 https://www.mhc.tn.gov.in/judis C.M.A.No.1560 of 2021ToThe (Chief Judicial Magistrate Court),Namakkal.C.M.A.No.1560 of 20219/9