The main legal point established is that the liability for a road accident caused by negligence can lead to compensation claims, and age and health conditions of the appellant may not be sufficient grounds to dismiss the claim.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and final order dated 09.12.2019 in M.C.O.P.No.1712 of 2014 passed by the Motor Accident Claims Tribunal, Dharmapuri.)

1. The owner of the offending vehicle is the appellant before this Court.

2. The facts in brief, which are essential for disposing of the above appeal is herein below narrated.

3. The minor petitioner had filed a claim petition in M.C.O.P.No.397 of 2013 on the file of Motor Accident Claims Tribunal, Principal District Judge, Dharmapuri claiming compensation of a sum of Rs.7,00,000/-.

4. It is her case that on 19.10.2011, when she was walking on the road, crossing east to west near Kamaraj Nagar Vinayaka Temple at about 10.30 p.m., the respondent, who was riding his TVS Super XL vehicle bearing Registration No.TN-29-AF-7218 in a rash and negligent manner and hit the minor petitioner, who is the respondent herein. It has resulted in the minor sustaining fractures in her left knee, fracture to the second finger of the left foot, abrasion over right knee, contusion over left hip and injuries all over the body. The petitioner was admitted to Dharmapuri Government Medical College Hospital and had taken further treatment in Kurinji Hospital, Salem. There, she was in-patient for seven days and the FIR was lodged against the respondent. Further, the petitioner would submit that on account of the accident, she has suffered great shock, pain and suffering.

5. The respondent had filed a counter denying the accident and stating that his vehicle was no way involved with the accident. The respondent has acquitted in the criminal case and therefore, he cannot be made liable to pay compensation to the petitioner.

6. The Tribunal below on considering the evidence came to the conclusion that the accident was caused only on account of the negligence of the respondent. Therefore, the respondent is liable to compensate the petitioner.

7. Ultimately, the Tribunal has awarded a sum of Rs.3,23,180/- to the petitioner. Challenging the same, the appellant is before this Court.

8. Heard the learned counsels on either side and perused the materials available on record.

9. The only argument advanced by the learned counsel for the appellant is that the appellant was aged over 80 years and that he was suffering from alzheimer, for which, no proof had been filed. He would submit that the claimant had filed an execution proceedings for the arrest of the appellant and not for the payment of money, which would clearly go to show that the petitioner was not interested in money. Further, he would submit the fact that the appellant had been acquitted by the Criminal Court would clearly show that the accident had not taken place. He would also submit that the respondent though served as early as in the month of November, 2011 both through Court as well as privately, has not chosen to appear before this Court.

10. The Tribunal has relied upon the evidence of P.W.2, eye witness, who had deposed to the fact that the accident had occurred only on account of the rash and negligent driving of the appellant/respondent. The FIR, Ex.P1 also has been registered against the appellant. These documents would clearly go to show that the accident had taken place and that the accident had occurred on account of the negligence of the appellant/respondent.

11. The Tribunal has only awarded a sum of Rs.3,23,180/- as compensation under various heads, which appears to be reasonable and therefore, I see no reason to interfere with the findings and order of the Trial Court.

12. Accordingly, the Civil Miscellaneous Appeal is dismissed and the order passed by the learned Motor Accidents Claims Tribunal/Special Subordinate Judge, Dharmapuri in M.C.O.P.No.1712 of 2014, dated 09.12.2019 is confirmed and the appellant is directed to deposit the award amount granted by the Trial Court within a period of eight weeks from the date of receipt of a copy of this judgment. No costs