Madras High Court
Inbanathan vs P.Gandhari on 28 April, 2021
CMA No.2878 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CMA No. 2878 of 2010
Inbanathan .... Appellant
Vs
1. P.Gandhari
2. Divisional Manager,
United India Insurance Company Ltd.,
M.M.Reddy Complex,
Old Bangalore Road,
Hosur Town and Taluk,
Dharmapuri District. .... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, to set aside the judgment and decree dated 06.02.2008
made in MCOP.No.2338 of 2003 on the file of the Motor Accident Claims
Tribunal, Additional District Judge, Krishnagiri.
For Appellant : Mr.V.Kumaravelan
For Respondent-1 : Not ready in notice
For Respondent- 2 : Mr.S.Arun Kumar
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CMA No.2878 of 2010
JUDGMENT
This appeal is laid as against the judgment and decree dated
06.02.2008 made in MCOP.No.2338 of 2003 on the file of the Motor
Accident Claims Tribunal, Additional District Judge, Krishnagiri.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimant is that on 01.02.2003, when the
claimant was driving his auto bearing Registration No.TN-43-5605 with
passengers, one cyclist, who was proceeding before the said auto, all of a
sudden, started to cross the road without hearing the horn sound given by
the claimant. Therefore, to avoid hitting on the cyclist, the claimant
suddenly turn the auto towards the right side of the road and applied
sudden brake. Thereby the auto capsized into the road side pit. Due to
the accident, the claimant sustained multiple injuries all over the body.
He was taken to the Government Hospital, Hosur, thereafter, he was
taken to the private hospital. Hence, the claim petition.
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CMA No.2878 of 2010
4. On perusal of the records, it is seen that claimants marked
Exs.P1 to P5. Ex.P1 is the FIR registered as against the claimant and
Ex.P5 disability certificate issued by PW.2. Admittedly, the doctor, who
treated the claimant was not examined to assess the disability. That
apart, the FIR reveals that only on the rash and negligent driving of the
claimant, the accident took place. Therefore, he is not entitled for any
claim from the second respondent as the insurer of the vehicle, which was
driven by the claimant. According to the claimant, due to accident he
suffered fracture on his left humor. But the claimant failed to prove the
same by documentary evidence. The documentary evidence except the
disability certificate, which was marked as Ex.P5, no other documents
were marked by the claimant. As the claimant has not claimed over and
above the sum awarded as compensation to the claimant, this Court finds
no infirmity or illegality in the order passed by the Tribunal.
5. In fine, the judgment and decree dated 06.02.2008 made in
MCOP.No.2338 of 2003 on the file of the Motor Accident Claims
Tribunal, Additional District Judge, Krishnagiri, is hereby confirmed and
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CMA No.2878 of 2010
the Civil Miscellaneous Appeal stands dismissed. There shall be no order
as to costs.
28.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
Lpp
To
1.The Motor Accident Claims Tribunal,
Additional District Judge,
Krishnagiri.
2.The Section Officer,
V.R.Section,
Madras High Court, Chennai.
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CMA No.2878 of 2010
G.K.ILANTHIRAIYAN, J.
Lpp
CMA No. 2878 of 2010
28.04.2021
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