The Branch Manager vs Danapal
2021 Latest Caselaw 10420 Mad

                                                                                C.M.A.(MD)No.591 of 2013

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 23.04.2021

                                                          CORAM:

                                     THE HONOURABLE MRS.JUSTICE R.THARANI

                                                   C.M.A.(MD)No.591 of 2013
                                                             and
                                                     M.P.(MD)No.1 of 2013
                The Branch Manager,
                National Insurance Co. Ltd.,
                No.7/1, North Car Street,
                Sivakasi.                                                           ... Appellant
                                                        Vs.

                1.Danapal
                2.M/s.Cornation Security,
                   Printers (P) Ltd.,
                   Sivakasi.                                                        ... Respondents


                Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
                Act, 1988, against the fair and decreetal order, dated 31.08.2012 made in
                M.C.O.P.No.45 of 2008, on the file of Motor Accidents Claims Tribunal (Sub
                Court), Sivakasi.


                                   For appellant    : Mr.S.Srinivasa Raghavan
                                   For R1           : Mr.M.Ashok Kumar
                                   For R2           : No appearance

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https://www.mhc.tn.gov.in/judis/
                                                                                C.M.A.(MD)No.591 of 2013




                                                         JUDGMENT

This Civil Miscellaneous Appeal is filed against the award passed by

the Motor Accidents Claims Tribunal (Sub Court), Sivakasi, in M.C.O.P.No.45

of 2008, dated 31.08.2012.

2.The appellant herein is the second respondent, the first respondent

herein is the claimant and the second respondent herein is the first respondent

in M.C.O.P.No.45 of 2008.

3.Brief substance of the claim petition, in M.C.O.P.No.45 of 2008, is

as follows:

On 25.12.2004, at about 06.00 a.m., when the claimant was riding his

TVS Scooty bearing Registration No.TN-67-R-3480 along the Sivakasi–

Srivilliputhur main road, in a slow speed observing the road rules, suddenly a

Pig crossed the road. Due to that impact, the claimant fell down from the

vehicle and sustained injuries. The claimant was earning Rs.5,000/- per month

at the time of accident and the claimant has spent Rs.5,00,000/- (Rupees Five

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.591 of 2013

Lakhs only) towards medical expenses and the claimant is claiming a sum of

Rs.5,60,000/- (Rupees Five Lakhs and Sixty Thousand only) as compensation.

4.Brief substance of the counter filed by the first respondent (second

respondent herein), in M.C.O.P.No.45 of 2008, is as follows:-

The vehicle belonged to the first respondent (second respondent

herein) and the same was insured with the second respondent (appellant

herein). At the time of accident, the claimant was working in the Firm of the

first respondent (second respondent herein) and the claimant was earning

Rs.2,600/- (Rupees Two Thousand and Six Hundred only) per month and a sum

of Rs.18,000/- (Rupees Eighteen Thousand only) was given to the claimant by

the employee. The medical expenses claimed by the claimant is too excessive.

5.Counter filed by the second respondent (appellant herein), in

M.C.O.P.No.45 of 2008, is as follows:-

The accident took place only due to the rash and negligent driving of

the claimant. The claimant has sustained only simple injuries in the accident.

There is no disability and the claim made by the claimant under various heads

are too excessive.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.591 of 2013

6.After trial, the Tribunal has awarded a sum of Rs.71,794/- (Rupees

Seventy One Thousand Seven Hundred and Ninety Four only) as compensation

to the claimant. Against the same, the appellant / Insurance Company has

preferred this Civil Miscellaneous Appeal.

7.On the side of the appellant, it is stated that the injuries are caused

only due to the rash and negligent driving of the claimant himself. The claim

was made under various Sections and most of the Sections are not applicable to

the present petition. If the claim is made under Section 163(A) of Motor

Vehicles Act, there is no possibility for the claimant, to get compensation for

the injuries. The claimant is at fault in not deleting the unwanted Section in the

printed Format of the petition.

8.On the side of the first respondent / claimant, it is stated that due to

the inadvertence, the counsel might have forgotten to delete the unwanted

Section and that the claimant should not be penalised for the fault of the

Advocate. It is stated that the claim of the claimant is proved before the trial

Court. The accident had taken place due to the sudden crossing of a Pig.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.591 of 2013

9.It is seen that premium was paid by the owner of the vehicle and for

the driver. It is seen that the F.I.R was registered against the claimant and

subsequently, he was acquitted by the Criminal Court. Though the claimant was

acquitted by the Criminal Court, the Tribunal has fixed the liability on the

claimant. Since the claimant was acquitted by the trial Court and since the

cause of accident is the sudden crossing of a Pig, there was no fault on the side

of the claimant. The Insurance policy was valid at the time of accident. A

verification of the records, viz. Exs.P2, P7, P8, P9, P11 and P13 to P17, reveals

that the claimant sustained injuries. The medical Bills are marked as Ex.P6 and

the quantum fixed by the Tribunal is reasonable.

10.In the above circumstances, there is nothing sufficient enough

to interfere in the order of the Tribunal. Hence, this Civil Miscellaneous

Appeal is dismissed and the award passed by the Motor Accident Claims

Tribunal (Sub Court), Sivakasi, in M.C.O.P.No.45 of 2008, dated 31.08.2012,

is hereby confirmed.

11.The appellant / Insurance Company, is directed to deposit the

entire award amount along with interest at the rate of 7.5% p.a. from the date of

petition till the date of deposit and costs within a period of eight weeks from

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.591 of 2013

the date of receipt of a copy of this judgment, if not already deposited. On such

deposit being made, the first respondent / claimant is permitted to withdraw the

amount after deducting amount, if any, already received by him. The Claimant

is not entitled for interest for the default period if there is any default. No

costs. Consequently, connected Miscellaneous Petition is closed.

23.04.2021 Index : Yes / No Internet : Yes / No Ls

To

1.The Motor Accidents Claims Tribunal (Sub Court), Sivakasi.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.591 of 2013

R.THARANI.,J.

Ls

C.M.A.(MD)No.591 of 2013

23.04.2021

https://www.mhc.tn.gov.in/judis/