Dr.Vijayabaskar vs Ramalingam
2021 Latest Caselaw 10933 Mad

                                                                            C.M.A.No.1472 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 28.04.2021

                                                    CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1472 of 2021

                 Dr.Vijayabaskar                                            ... Appellant

                                                       Vs.

                 1.Ramalingam
                 2.The Divisional Manager,
                   United India Insurance Company Limited,
                   No.50 A, Pallivasal Street,
                   Perambalur District.                                  ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 31.08.2016 made in M.C.O.P.No.50 of 2013, on the file of the Motor
                 Accidents Claims Tribunal, Chief Judicial Magistrate, Ariyalur.

                                   For Appellant   : Mr.S.P.Yuvaraj
                                   For Respondents : Mr.J.Chandran for R2


                                                  JUDGMENT

The claimant is the appellant in this appeal and is aggrieved by the

impugned Judgment and decree dated 31.08.2016 passed by the Motor

Accidents Claims Tribunal, Chief Judicial Magistrate, Ariyalur, in

M.C.O.P.No.50 of 2013.

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2. By the impugned Judgment and decree, the Tribunal as awarded

exonarrated the 2nd respondent/Insurance Company on the ground that

the owner of the vehicle Ramalingam or his son i.e, respondent have

neither produced the driving license or the Insurance Policy and therefore

concluded that only the owner was liable to pay compensation. In this

appeal, the claimant has produced the copy of the Insurance Policy

No.090603/31/11/01/00006067 dated 09.03.2012. The policy is valid

from 09.03.2012 date of expiry of the Insurance mid night on

08.03.2013. The accident took place on 07.07.2012 during the period

when the policy was in existence. Therefore, the 2nd

respondent/Insurance Company is liable to pay for the compensation due

to the negligence of the rider of the motor cycle which causes the

accident. However, copy of the license of the rider had not been

produced by cause.

3.Considering the same, the impugned judgment and decree stands

modified by directing the 2nd respondent to pay the award amount to the

appellant with liberty to recover the same from the 1st respondent owner

of the motor cycle.

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4.This Civil Miscellaneous Appeal stands partly allowed. No

costs.

28.04.2021 (½) jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Divisional Manager, United India Insurance Company Limited, No.50 A, Pallivasal Street, Perambalur District.

2.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Ariyalur.

3.The V.R.Section, Madras High Court, Madras.

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C.SARAVANAN, J.

jas

C.M.A.No.1472 of 2021

28.04.2021

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