P.Shanmuga Velayutham vs Ramachandran
2021 Latest Caselaw 9375 Mad

                                                                        C.M.A(MD)No.1609 of 2010


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 09.04.2021

                                                  CORAM:

                            THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                          C.M.A(MD)No.1609 of 2010


                      P.Shanmuga Velayutham              : Claimant/Appellant

                                                   Vs.


                      1.Ramachandran

                      2.National Insurance Company Ltd.,
                        Shanthi Theatre Complex,
                        Rajapalayam,
                        Thro' its Divisional Manager.  : Respondents/Respondents



                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, to allow the appeal by setting
                      aside the Award and Decree of the learned Motor Accident Claims
                      Tribunal (Subordinate Judge), Srivilliputhur, dated 29.03.2010 in
                      M.C.O.P.No.82/2007.


                                  For Appellant    : Mr.G.Sridharan
                                  For R1           : No appearance
                                  For R2           : Ms.P.Malini




                      1/6


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                                                                         C.M.A(MD)No.1609 of 2010




                                                   JUDGMENT

The claimant is the appellant before this Court. It is the case

of the claimant that on 06.10.2004 he drove the Omni Van bearing

Registration No.TN-67-Y-2156 owned by the first respondent from

Kovilpatti to Rajapalayam and at about 3.30 a.m., the vehicle was

near Achankulam on Sivakasi-Srivilliputhur highways in a turning, he

lost the control of the vehicle and rammed a tamarind tree. In the

accident, he sustained grievous injuries. Immediately, he was taken

to Srivilliputhur Government Hospital and after providing first aid, he

was taken to Madurai Rajaji Government Hospital.

2. It is his further case that he was working as a driver under

the first respondent and he was paid Rs.3,000/- per month. After

the accident, he was not able to do his work and hence, he is

entitled for compensation of Rs.3,00,000/-.

3. The claim petition was contested by the second respondent-

Insurance Company contending that the claimant himself was

responsible for the accident. That apart, he did not have valid and

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effective driving licence at the relevant point of time. A criminal case

also proceeded against the claimant in C.C.No.141 of 2005. He

pleaded guilty before the learned Judicial Magistrate No.II,

Srivilliputhur and paid the fine of Rs.800/-. It is contended that

suppressing all those relevant facts, a claim petition is filed with an

ulterious motive. It is also stated that a policy was issued for the

offending vehicle in the name of Dr.A.S.Ramesh and the sale of the

vehicle to the first respondent was not intimated to the company and

hence, no liability can be fixed on the Insurance Company.

4. Before the Tribunal, the claimant examined two witnesses

and marked 13 documents. On the side of the Insurance Company,

three witnesses were examined and Ex.R1 to Ex.R3 were marked.

5. The Tribunal, having come to the conclusion that the

claimant himself was responsible for the accident, dismissed the

claim petition. Challenging the same, the present appeal has been

filed.

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6. Heard Mr.G.Sridharan, learned counsel appearing for the

appellant and Ms.Malini, learned counsel appearing for the second

respondent and perused the materials available on record.

7. In the matter on hand, the appellant sought compensation

of Rs.3,00,000/- for the injuries sustained by him in the accident

that had taken place on 06.10.2004. It is his case that he was

working as a driver under the first respondent and when he was

driving the vehicle, the accident had taken place. In the claim

petition, he has categorically admitted that only due to his

negligence, the accident had occurred. That apart, before the

Criminal Court also he pleaded guilty and paid the fine amount.

These facts were taken note of to dismiss the claim petition.

8. In the light of the above facts, I find no reason to interfere

with the findings of the Tribunal. In fine, the appeal fails and the

same is dismissed. No costs.

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Motor Accident Claims Tribunal (Subordinate Judge), Srivilliputhur.

2.V.R. Section, Madurai Bench of Madras High Court, Madurai.

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K.KALYANASUNDARAM.J., am

C.M.A(MD)No.1609 of 2010

09.04.2021

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