Madras High Court
New India Assurance Co. Ltd vs Chinnadurai on 20 April, 2021
CMA(MD)No.713 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.713 of 2009
New India Assurance Co. Ltd.,
Through its Divisional Manager,
Door No.34/55, Kongu Complex,
Bye Pass Road, Tharapuram Taluk.
.. Appellant
vs.
1.Chinnadurai
2.A.Subramanian
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and decree dated 02.07.2008
passed in MACOP No.484 of 2002 on the file of the Motor Accident
Claims Tribunal, (Sub-Court), Palani.
For Appellant : Mr.G.Prbhu Rajadurai
For Respondent : Mr.J.Lawrance (for R1)
R-2 Dispensed with
1/8
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CMA(MD)No.713 of 2009
JUDGMENT
Aggrieved over the award passed by the Motor Accident Claims
Tribunal, Sub-Court, Palani in MCOP No.484 of 2004, this appeal has
been filed by the Insurance Company.
2.The first respondent is the injured claimant. According to him,
on 09.10.2002 at 01.30 p.m, he was riding a TVS-50 motorcycle bearing
registration No.TN-57-X-5870, in which, his relative Rajendran was a
pillion rider and they were proceeding near cooperative society in
Kanakkanpatti on Palani-Dindigul main road. At that time, an Yamaha
motorcycle bearing registration No.TN-57-X-7540, which was coming
on the same direction, hit against his vehicle. In the impact, he sustained
injuries. Immediately, he was taken to Palani Government Hospital. In
this regard, a criminal case was registered against the driver of the
Yamaha motorcycle in Crime No.426 of 2002 on the file of the Ayakkudi
Police Station. Although he sought for compensation of Rs.1,00,000/-,
the Tribunal has awarded Rs.33,000/- along with interest at the rate of
7.5% per annum.
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CMA(MD)No.713 of 2009
3.The case of the appellant is that the Yamaha motorcycle bearing
registration No.TN-57-X-7540 was not involved in the accident and it
was subsequently implicated in this case to make a false claim against the
insurance company. The claim petition is liable to be dismissed since the
necessary parties i.e, owner and insurer of the TVS-50 was not added as
parties to the claim petition.
4.In order to establish the case of the claimant, he examined three
witnesses and marked 6 documents. The appellant examined two
witnesses and produced Ex.R1. After analyzing the evidence of oral and
documentary referred above, the Tribunal came to the conclusion that the
rider of the Yamaha motorcycle was responsible for the accident and
awarded compensation as stated supra. Questioning the same, the present
appeal has been filed.
5.Heard Mr.G.Prabhu Rajadurai, learned counsel for the appellant
and Mr.J.Lawrance, learned counsel for the first respondent and perused
the materials available on record.
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CMA(MD)No.713 of 2009
6.In the instant case, the claimant has proved that he sustained
injuries in the accident that had taken place on 09.10.2002. It is the
specific case of the claimant that when he was proceeding in the TVS-50,
the offending vehicle came in the same direction and hit against his
vehicle. The occurrence had taken place at 01.30 p.m on 09.10.2002.
The First Information Report (Ex.P.1) was registered at 06.00 p.m on the
same day, on the basis of the complaint of the claimant. A perusal of the
First Information Report reveals that he has stated about the involvement
of the Yamaha motorcycle. The documentary evidence corroborates the
oral evidence of the claimant.
7.Further, R.W.1-Medical Officer in the Palani Government
Hospital was examined by the appellant to establish that the claimant was
dashed by a bicycle and in the accident, he sustained injuries. During the
cross examination, R.W.1 Medical Officer has admitted that in the
Accident Register, the involvement of the bicycle was mentioned in
pursuance of the information given by one Mr.Duraisamy, which shows
that the information recorded in the Accident Register was not furnished
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CMA(MD)No.713 of 2009
by the claimant. R.W.2 deposed that the offending vehicle Yamaha was
not involved in the accident, however, he admitted in the cross
examination that in the complaint (Ex.P.1), the number of the offending
vehicle has been mentioned. So, the Tribunal has rejected the defence of
the appellant and held that the accident occurred due to the involvement
of the Yamaha motorcycle. In the light of the above facts, I find no force
in the contention of the learned counsel for the appellant and hence, the
finding of the Tribunal is hereby confirmed.
8.Ex.P.2 to Ex.P.5 were produced by P.W.2 Natarajan, who was
working as Record Clerk in the Palani Government Hospital. It is seen
that the injured claimant had taken treatment as inpatient from
09.10.2002 to 12.10.2002. P.W.3 Dr.Shanmugaraja assessed disability of
the claimant as 18%. So, the Tribunal has awarded Rs.18,000/- for the
disability by applying Rs.1,000/- per one percentage. In addition, the
Tribunal has awarded Rs.10,000/- towards pain and suffering; Rs.3000/-
towards transportation and Rs.2,000/- for nutrition. The claimant did not
produce any material for spending Rs.3,000/- towards transportation and
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CMA(MD)No.713 of 2009
hence, the award of Rs.3,000/- under the head of Transport Expenses is
set aside. The claimant would be entitled Rs.30,000/- with interest at the
rate of 7.5% per annum. Hence, the award amount is reduced to Rs.
30,000/- from Rs.33,000/-.
9.In fine, this Civil Miscellaneous Appeal is partly allowed as
indicated above. It is represented by the appellant Insurance Company
that the entire award amount has already been deposited along with
accrued interest and costs. Therefore, the claimant is permitted to
withdraw the modified amount less the amount already withdrawn, if any,
together with proportionate interest and costs. The excess amount shall
be refunded to the appellant Insurance Company. No costs.
17.04.2021
Index:Yes/No
Internet:Yes/No
skn
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.713 of 2009
To
1.The Motor Accident Claims Tribunal,
III Additional Sub-Court, Trichy.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.713 of 2009
K.KALYANASUNDARAM,J
skn
JUDGMENT MADE IN
C.M.A(MD)No.713 of 2009
20.04.2021
https://www.mhc.tn.gov.in/judis/
