C.Dineshkumar v. J.Senthilraja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024

CORAM:

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY C.Dineshkumar ... Appellant -Vs1.J.Senthil Raja 2.IFFCO TOKKIO General Insurance Company Ltd. No.58A, Sri Anjanaya Tower, 2nd floor, Pavazha nagar, Villupuram main road, Reddiyarpalayam, Pondicherry-605 005.

...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decretal award passed by the learned Additional Sub-Court, Vridhachalam (Motor Accident Claims Tribunal) dated 27.4.2022 in MCOP/111/2022.

For Appellant : Mr.S.Udhayakumar For R1 : Ex-parte For R2 : Mr.S.Arunkumar 1/6

JUDGMENT

This Civil Miscellaneous Appeal has been filed challenging the fixation of 50% contributory negligence against the appellant/claimant, who sustained injuries in an accident which took place on 09.02.2020. 2.The appellant is the claimant in MCOP.No.111 of 2022 on the file of Motor Accidents Claims Tribunal, Additional Subordinate Judge, Vridhachalam. He filed the above said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by the claimant in the accident that took place on 09.02.2020.

3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to the rash and negligent driving by the driver of the 1st respondent. It however, fixed a contributory negligence of 50% against the claimant/appellant and further, directed the 2nd respondent-Insurance Company to pay a sum of Rs.1,29,080/- as compensation to the appellant.

2/6

4.Challenging the fixation of 50% contributory negligence against the claimant/appellant, the appellant has come out with the present appeal. 5.The learned counsel appearing for the appellant submitted that on 09.02.2020 at 17.15 p.m. when the appellant was driving his two wheeler from Karuvepilankurichi to T.V.Puthur, near Karuvepilankurichi Jeyamkondam road the first respondent lorry bearing Regn.No.TN 28 AL 7195 came from the opposite direction in a rash and negligent manner and hit on the two wheeler of the appellant. Due to the accident, the appellant lost his teeth and sustained fracture on his face and also sustained injury on his upper lip. The learned counsel would therefore, contend that fixing the liability to the extent of 50% as against the injured appellant is not justifiable and hence, prays that the negligence be fixed in the ratio 70:30, ie., 70% as against the second respondent/insurance company and 30% as against the claimant.

6.On the other hand, the learned counsel for the second respondent insurance company would submit that the Tribunal has fastened the liability to the extent of 50% as against the appellant because the appellant 3/6

was in a inebriated state at the time of the accident. He however, would submit that he is agreeable to the suggestion made by the appellant/claimant.

7.Hence, without going into the merits of the case, the liability as fixed by the Tribunal in the ratio 50:50 is modified as 70:30, ie., 70% of the liability shall be borne by the second respondent/insurance company and 30% shall be borne by the claimant. On all other aspects, the Award of the Tribunal stands confirmed.

8.Accordingly, the Civil Miscellaneous Appeal stands partly allowed. The second respondent/insurance company is directed to deposit a sum of Rs.1,80,712/- together with interest at 7.5% per annum from the date of the Claim Petition till the date of realization, less the amount, if any, already deposited to the credit of M.C.O.P. No.111 of 2022 on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Judge, Vridhachalam, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the Award amount directly to the Bank account of the 4/6

Appellant/Claimant through RTGS, within a period of three weeks thereafter. The appellant/claimant shall pay necessary Court fee, if any, on the enhanced compensation. No costs.

14.02.2024 Tsg Index : Yes / No Internet : Yes / No To 1.The Motor Accident Claims Tribunal, Additional Subordinate Judge, Vridhachalam.

2.The Section Officer, V.R.Section, High Court, Madras.

5/6

KRISHNAN RAMASAMY, J., Tsg 14.02.2024 6/6