Madras High Court
The Divisional Manager vs Usharani on 21 April, 2021
C.M.A.No.1408 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1408 of 2021
and
C.M.P.No.7277 of 2021
The Divisional Manager,
United India Insurance Co. Ltd.,
AR Plaza 45 Feet Road Extension,
Puducherry.
Now at
The Manager,
United India Insurance Co. Ltd.,
Motor Third Party Service Hub,
Plot No.35, 36, 37, AR Plaza 45 Feet Road,
Balaji Nagar Extension,
Puducherry – 605 011. ... Appellant
Vs.
1.Usharani,
W/o.Late Thanigachalam
2.Sribalu,
S/o.Late Thanigachalam
3.N.Loganathan,
S/o.Natesan ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Award dated 12.09.2018 made in
M.A.C.T.O.P.No.863 of 2017, on the file of the Motor Accidents Claims
Tribunal, II Additional District Judge, Puducherry.
For Appellant : Mr.P.Sankaranarayanan
For Respondents : Mr.R.Sreedhar
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Page No 1 of 6
C.M.A.No.1408 of 2021
JUDGMENT
The Insurance Company is the appellant in this appeal. The
appellant/Insurance Company is aggrieved by the impugned Judgment
and decree dated 12.09.2018 passed by the Motor Accidents Claims
Tribunal, II Additional District Judge, Puducherry in
M.A.C.T.O.P.No.863 of 2017, wherein, the Tribunal has awarded a sum
of Rs.19,45,000/- as compensation to the respondents/claimants.
2. The only ground on which the impugned Judgment and decree
has sought to be assailed in this appeal is that the Tribunal having noted
Ex.P14-Post Mortem Report, wherein, the Doctor has prima facie come
to a conclusion that the deceased-Manikandan may have been under the
influence of Alcohol, yet the Tribunal has ignored the same and awarded
the aforesaid compensation without any deduction.
3. The reasonings given by the Tribunal in the impugned Judgment
and decree reads as under:-
“Just because in the postmortem report the doctor
observed there is alcohol smell in the semi digested food
particles, without the final opinion of chemical analysis
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Page No 2 of 6
C.M.A.No.1408 of 2021
report, it is not safe or just and proper to infer that the
deceased would have consumed alcohol, at the time of
accident.”
4. On behalf of the respondents/claimants, it is submitted that there
is no evidence to substantiate that the deceased was under the influence
of alcohol at the time of accident and therefore the Tribunal has just
come to a fair conclusion that there was no documentary evidence to
substantiate that the deceased was under the influence of alcohol.
5. The reasonings given by the Tribunal for awarding
compensation without any deduction on account of contributory
negligence of the deceased appears to be reasonable conclusion arrived
by the Tribunal as there is no evidence to substantiate that the deceased
was under the influence of alcohol. Similarly, oral examination of the
content of the stomach by itself is not sufficient to come to a conclusion
that there was a presence of alcohol.
6. It was incumbent on the part of the hospital concerned to have a
sample test in medical laboratory attached to the hospital to establish that
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Page No 3 of 6
C.M.A.No.1408 of 2021
the deceased was under the influence of alcohol. The other records are
also did not indicates that there was any consumption of alcohol.
7. Therefore, I do not find any reasons to take a different view.
Accordingly, the view of the Tribunal is upheld and the award amount is
confirmed.
8. The appellant/Insurance Company is therefore directed to
deposit the compensation awarded by the Tribunal, together with interest
at 7.5% per annum from the date of numbering of the claim petition till
the date of such deposit, less any amount already deposited by it, within a
period of six weeks from the date of receipt of a copy of this Judgment.
9. On such deposit being made by the appellant/Insurance
Company, the 1st and 2nd respondents/1st and 2nd claimants are permitted
to withdraw the same together with interest accrued thereon, less any
amount already withdrawn in the same proportion as was ordered by the
Tribunal.
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Page No 4 of 6
C.M.A.No.1408 of 2021
10. This Civil Miscellaneous Appeal is dismissed with the above
observations. No costs. Consequently, connected Civil Miscellaneous
Petition is closed.
21.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
II Additional District Judge, Puducherry.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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Page No 5 of 6
C.M.A.No.1408 of 2021
C.SARAVANAN, J.
arb
C.M.A.No.1408 of 2021
and
C.M.P.No.7277 of 2021
21.04.2021
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Page No 6 of 6
