Skip to main content

Court awards over Rs.2 lakh for man who suffered disability in accident

The Madras High Court has come to the rescue of a 34-year-old man who suffered permanent disability after a jeep hit his vehicle eight years ago, by awarding a compensation of Rs.2,00,800 with 7.5 per cent interest.

Earlier, the Motor Accident Claims Tribunal, Salem, in March 2009 dismissed the claim petition after the police filed a report of ‘mistake of fact.’

Setting aside the tribunal’s order, Justice S.Vimala directed the authorities to deposit the sum within six weeks. After the sum is deposited, the claimant could withdraw it.

The Judge said the tribunal is expected to peruse the oral and documentary evidence adduced before it and come to an independent conclusion. It should adopt a proactive approach. It was vested with powers to call anybody to ascertain any fact and arrive at the correct conclusion. Instead of actively involving itself in ascertaining the truth, the tribunal just accepted the police’s report.

On August 28, 2005, Baskar was riding his motorcycle near the fourth hairpin bend on Yercaud Main Road when a jeep belonging to one A.Balamurugan of A.R.Police Line, Namakkal, hit him. He suffered multiple fractures. He filed a petition seeking compensation. The tribunal by relying on the jeep driver’s evidence and by accepting the police report under which the case was referred to as ‘mistake of fact’ dismissed the claim. Hence, the present appeal challenging the tribunal’s order.

Mrs.Justice Vimala said the only line written by the tribunal was ‘mistake of fact of law.’ What were the facts, what was the mistake and what was the law had not been explained. Whether it was a mistake of law or mistake of fact or a combination of both had not been given. Thus, the order dismissing the claim petition could not be justified.

The Judge referring to the evidence tendered that the accident took place at a small hair pin bend while the jeep was coming down and the victim was going up said it was comparatively difficult to pick up speed while moving up. It was quite easy to drive fast while coming down.

Therefore, it was probable that only the jeep would have been driven in a rash and negligent manner. Also, it was not possible to stop the jeep suddenly, especially when it was negotiating a curve.

Article referred: http://www.thehindu.com/news/national/tamil-nadu/court-awards-over-rs2-lakh-for-man-who-suffered-disability-in-accident/article5261987.ece

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...