Madras High Court
Natarajan vs Maheswari on 17 April, 2021
C.M.A(MD) No.1452 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:17.04.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD) No.1452 of 2010
Natarajan ... Appellant/Claimant
vs.
1.Maheswari
2.The National Insurance Co., Ltd.,
2A, Prakasam Road,
T. Nagar,
Chennai. ... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act 1988, against the order and decreetal order passed in
M.C.O.P.No.49 of 2006 on the file of the Motor Accident Claims
Tribunal(Chief Judicial Magistrate), Karur, dated 30.03.2010.
For Appellant : Mr.M.Karthikeya Venkatachalapathy
For R-1 : Ms.A.Shajahan
For R-2 : Mr.J.S.Murali
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.1452 of 2010
JUDGMENT
This Civil Miscellaneous Appeal is directed against the award of the
Motor Accident Claims Tribunal(Chief Judicial Magistrate), Karur made in
M.C.O.P.No.49 of 2006, dated 30.03.2010.
2. The claimant is the appellant before this Court. He filed the claim
petition, claiming compensation of Rs.4,00,000/-. According to the claimant,
on 09.02.2005 at about 3.00 p.m., when he was travelling in a Mini Auto
bearing Registration No.TN 57 H 0931, as the owner of the goods, the Mini
Auto capsized and he sustained injuries and fracture. Immediately, he was
admitted in Aravind Hospital, Namakkal and he took treatment from
09.02.2005 to 26.02.2005 and he spent huge amount towards medical expenses
and he is entitled to the compensation from the owner of the Mini Auto as well
as the insurer.
3. The claim petition was resisted by the Insurance Company disputing
the averments made in the claim petition. It is stated that the claimant and the
Driver of the vehicle were brothers and he travelled as a gratuitous passenger in
a goods vehicle. Hence, they are not liable to pay compensation to the
claimant.
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C.M.A(MD) No.1452 of 2010
4. The claimant gave evidence as P.W.1 and has spoken about the
accident in the line of the averments made in the claim petition. In support of
his evidence, he marked Ex.P1-F.I.R, Ex.P3-Sketch, Ex.P4-Motor Vehicle
Inspector's Report, Ex.P5-Charge sheet and Ex.P6-Judgment in the criminal
case. The documents produced by the claimant was to prove that the Driver of
the Mini Auto was prosecuted and convicted by the criminal Court.
5. From a perusal of the evidence, it is evident that in the F.I.R, the
injured/appellant merely stated that he was working as a Coolie and he travelled
in the Mini Auto at that relevant point of time. He did not mention that he
travelled as the owner of the goods. The Tribunal after verifying the averments
made in the F.I.R., came to the conclusion that the claimant has developed his
case to make a false claim from the Insurer of the vehicle. The Tribunal having
held so, directed the owner of the vehicle to pay the compensation of
Rs.1,34,000/-.
6. Heard the learned counsel appearing on either side and perused the
materials available on record.
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C.M.A(MD) No.1452 of 2010
7. I have carefully gone through the evidence and other relevant
materials placed before this Court. However, I do not find any infirmity in the
conclusion reached by the Tribunal. It is settled law that if an injured is a
gratuitous passenger in a goods vehicle, pay and recovery cannot be ordered.
8. In view of the above, the award passed in M.C.O.P.No.49 of 2006 on
the file of the Motor Accident Claims Tribunal(Chief Judicial Magistrate),
Karur, dated 30.03.2010, is confirmed and the first respondent is directed to
deposit the entire award amount with accrued interest and costs, less the
amount already deposited, if any, within a period of eight weeks from the date
of receipt of a copy of this order. On such deposit being made, the claimant is
permitted to withdraw the entire award amount by making necessary
application before the Tribunal. No costs.
Index:Yes/No
Internet:Yes/No 17.04.2021
pm
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.1452 of 2010
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,
(Chief Judicial Magistrate), Karur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.1452 of 2010
K.KALYANASUNDARAM, J.
pm
JUDGMENT MADE IN
C.M.A(MD) No.1452 of 2010
17.04.2021
https://www.mhc.tn.gov.in/judis/
