Suresh Kumar v. Minor. Siddik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.1398 of 2023 and CMP No.13991 of 2023 Suresh Kumar ..Appellant .vs.

1.Minor Siddik S/o.Chand Basha Rep. by his Next Friend Mother Faritha 2.Moorthi ..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment dated 29.09.2022 in MCOP No.51 of 2018 on the file of Special Subordinate Judge, Motor Accident Claims Tribunal, Tirupathur. For Appellant : Mr.R.Rajarajan For Respondents : Mr.E.Kannadasan for R1

JUDGMENT

This civil miscellaneous appeal has been filed by the owner of the vehicle challenging the quantum of compensation fixed by the Tribunal in MCOP No.51 of 2018 on the file of the Motor Accident Claims Tribunal, Tirupathur by Award dated 29.09.2022.

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2.The 1st respondent/claimant was playing along with his friends on 15.05.2017 at about 16.30 hours near a petrol bunk and that point of time, the 2nd respondent had reversed the JCB vehicle in a rash and negligent manner and as a result, it ran over the leg of the claimant resulting in four fingers in the toe getting chopped. The disability was assessed at 40%. That apart, the claimant underwent treatment as an inpatient for five days and underwent operation. It is under these circumstances, the claim petition has been filed before the Tribunal seeking for compensation. 3.The Tribunal on considering the facts and circumstances of the case and after appreciating the oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent reversing of the JCB vehicle by the 2nd respondent.

After rendered such a finding, the Tribunal proceeded to fixed the total compensation at Rs.3,15,000/- in the following manner: Compensation awarded under the head Amount (in Rs.)

4.The award compensation was directed to be paid by the owner and the driver jointly and severally along with the interest at the rate of 7.5% per annum. Aggrieved by the same, the owner of the vehicle has filed this appeal. 5.Heard Mr.R.Rajarajan, learned counsel appearing on behalf of the appellant and Mr.E.Kannadasan, learned counsel appearing on behalf of the 1st respondent. 6.This Court has carefully considered the submissions made on either side and the materials available on record.

7.This Court has also carefully gone through the Award passed by the Tribunal. 8.The main ground that was urged before this Court is that the accident had taken place on 15.05.2017 and whereas, there was a delay of ten days in registering the FIR and that by itself would show that the accident had not taken place in the manner in which it was projected by the claimant. It was further contended that the claimant did not examine one Subramani in whose lands the JCB was used for levelling the lands and therefore, the rash and negligent driving on the part of the driver was not properly proved.

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9.In the considered view of this Court, the Tribunal had carefully considered the evidence and has come to the correct conclusion that the accident had taken place only due to the rash and negligent reversing of the JCB vehicle by the 2nd respondent. The compensation fixed by the Tribunal also is very reasonable. Considering the nature of injuries sustained by the claimant, the same does not require the interference of this Court.

10.In the light of the above discussion, there is no ground to interfere with the Award passed by the Tribunal. There shall be a direction to the appellant to deposit the compensation amount fixed by the Tribunal along with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization, within a period of six weeks from the date of receipt of copy of this order. 11.In the result, this civil miscellaneous appeal is dismissed with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 10.04.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr 4/6

To The Special Subordinate Judge, Motor Accident Claims Tribunal, Tirupathur.

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N. ANAND VENKATESH., J ssr CMA No.1398 of 2023 and CMP No.13991 of 2023 10.04.2024 6/6