Madras High Court
The Branch Manager :Respondent ... vs Bhaskar :Petitioner/ on 19 April, 2021
C.M.A(MD)NOs.257 and 258 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)NOs.257 and 258 of 2009
and
M.P(MD)Nos.2 and 2 of 2009
The Branch Manager :Respondent No.4/Appellant in both
The United India Insurance the appeals
Company Limited,
Thanjavur
.vs.
1.Bhaskar :Petitioner/Respondent No.1 in C.M.A
(MD)No.257 of 2009
2.S.Neelakandan :Petitioner/Respondent No.1 in C.M.A
(MD)No.258 of 2009
3.C.Saravanan :Respondent No.1/Respondent No.2
in both the appeals
5.K.Karunakaran :Respondent No.2/Respondent No.3
in both the appeals
5.Rengasamy :Respondent No.3/Respondent No.4
in both the appeals.
COMMON PRAYER: Civil Miscellaneous Appeals filed under
Section 173 of the Motor Vehicles Act against the common
judgment and decrees made in M.C.O.P.Nos.121and 122 of 2004,
dated 29.01.2007, on the file of the Motor Accidents Claims
Tribunal, Additional Chief Judicial Magistrate, Thanjavur at
Kumbakonam.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.257 and 258 of 2009
For Appellant :Mr.G.Prabhu Rajadurai
in both the appeals
For Respondent-1 :Mr.V.Chandrasekar
in both the appeals
For Respondents :No appearance
2,3 and 4
in both the appeals
COMMON JUDGMENT
************************
These Civil Miscellaneous Appeals are directed against the
common award passed by the Motor Accidents Claims
Tribunal/Additional Chief Judicial Magistrate, Thanjavur at
Kumbakonam passed in M.C.O.P.Nos.121 and 122 of 2004.
2.This is a case of injury. The rider and pillion rider of the
motor cycle filed claim petitions seeking compensation for the
injury sustained by them in the accident which had taken place on
6.2.3003. Though they claimed Rs.40,000/- and Rs.25,000/-
respectively, the Tribunal has awarded Rs.10,000/- and Rs.25,000/-
in the claim petitions.
3.According to the claimants, the accident occurred due to
the negligence of the rider of TVS 50 motor cycle bearing
Registration No.TN 49 2481.It appears that in the First Information
Report, the vehicle Nos. have been given as TN 49 U 2418 and TN
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.257 and 258 of 2009
49 D 3134. After investigation, the final report has been filed
against the rider of the two wheeler bearing Registration No.TN 49
U 2481.Taking advantage of the mistake in the First information
Report, the appellant had taken a defense that the vehicle was not
involved in the accident.
4.The Tribunal, after analysis of the evidence adduced by the
parties, found that the rider of the offending vehicle TN 49 U 2481
pleaded guilty and paid the fine amount before the Criminal Court
and also considering the other aspects, held that the rider of the
TVS 50 vehicle had caused the accident. Both the claimants
produced Wound Certificate and other medical records to establish
that they sustained injuries in the accident. I find that the award
is based on materials produced by the claimants and it is very
reasonable. Therefore, I find no merit in the Civil Miscellaneous
Appeals.
5.In that view, the Civil Miscellaneous Appeals fail and they
stand dismissed. No costs. Consequently, connected Miscellaneous
Petitions are dismissed.
19.04.2021
Index:Yes/No
Internet:Yes/No
vsn
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.257 and 258 of 2009
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 Additional Chief Judicial Magistrate,
(Motor Accidents Claims Tribunal),
Thanjavur at Kumbakonam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NOs.257 and 258 of 2009
K.KALYANASUNDARAM, J.
vsn
COMMON JUDGMENT MADE IN
C.M.A(MD)NOs.257 and 258 of 2009
and
M.P(MD)Nos.2 and 2 of 2009
19.04.2021
https://www.mhc.tn.gov.in/judis/
