Madras High Court
National Insurance Co Ltd vs Pattani :1St on 2 December, 2021
C.M.A.(MD)No.388 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.388 of 2020
and
C.M.P(MD)Nos.4848 of of 2020 and 4693 of 2021
National Insurance Co Ltd.,
Through its Branch Manager,
Office at First Floor,
135-1, Rose Building,
Main Road,
Kovilpatti. :Appellant/2nd Respondent
Vs.
1.Pattani :1st Respondents/ Petitioner
2.M/s.National Engineering College,
Through its Member Managing Committee,
Office at K.R.Nagar,
Kovilpatti. :2nd Respondent/1st Respondent
3.V.Kani :3rd Respondent/3rd Respondent
4.Sri Ram General Insurance Company Ltd.,
E.8, RIICO, Industrial Area,
Sitapura,
Jaipur,
Rajasthan. :4th Respondent/4th Respondent
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.388 of 2020
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to
allow this appeal and set aside the judgment and order dated 24.01.2020 made in
M.C.O.P.No.660 of 2014 on the file of the Motor Accident Claims Tribunal,
Principal District Judge, Tirunelveli.
For Appellant : Mr.A.S.Mathialagan
For R1 : Mr.T.Lenin Kumar
For R2 to R4 : No appearance
JUDGMENT
This appeal is filed by the appellant/Insurance Company to set aside
the judgment and order dated 24.01.2020 passed in M.C.O.P.No.660 of 2014 by
the Motor Accident Claims Tribunal, Principal District Judge, Tirunelveli.
2.The facts of the case is that the accident took place on 05.03.2014 at
about 05.45 p.m., the first respondent/claimant was riding a motorcycle bearing
Registration No.TN69-AU-5149 came from Tirunelveli to Madurai N.H., a bus
bearing Registration No.TN-69-R-0570 belonging to the second respondent came
from the opposite direction, driven by its driver in a rash and negligent manner and
dashed against the first respondent/claimant. As a result of which, the first
respondent/claimant was thrown out from the motor-cycle and sustained injuries.
Immediately he was taken to the Government Hospital, Kovilpatti and after first
aid, he was admitted in Tirunelveli Medical College Hospital, Palayamkottai as
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.388 of 2020
inpatient, wherein, the first respondent/claimant underwent surgery and steel plates
were implanted on the affected area. Therefore, the first respondent/claimant filed
a claim petition in M.C.O.P.No.660 of 2014 before the Tribunal, seeking
compensation of Rs.10,00,000/-.
3.Before the Tribunal, on the side of the claimant, four witnesses were
examined as P.W.1 to P.W.4 and 16 documents were marked as Exs.P.1 to P.16 and
on the side of the respondents 3 witnesses were examined as Ex.R.1 to Ex.R.3 and
two document were marked as Ex.R.1 & Ex.R.2.
4.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments advanced on either side and also on appreciating the
evidence on record, held that the accident was occurred only due to the rash and
negligent driving of the driver of the bus and directed the appellant and the second
respondent jointly or severally to pay compensation of Rs.3,49,303/-. Aggrieved
over the order of the Tribunal, the appellant/Insurance Company has filed the
present C.M.A.
5.The learned counsel appearing for the appellant/Insurance Company
contended that based on the complaint given by the first respondent/claimant, a
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C.M.A.(MD)No.388 of 2020
case has been registered in Crime No.64 of 2014 against the driver of the bus. On
enquiry, it was found that the first respondent/claimant was responsible for the
alleged accident and closed the complaint as “action dropped”. He further
submitted that in the FIR itself, the first respondent/claimant himself had admitted
that he was riding the motor-cycle on the wrong side and the accident took place
only due to the negligence on the part of the claimant himself. Therefore, the
appellant/Insurance Company has not disputed the quantum and he only disputed
the liability fixed by the Tribunal and hence, the claim petition filed by the first
respondent/claimant is liable to be dismissed.
6.Considering the closure of the First Information Report, this Court is
inclined to fix the liability at 30% instead of 20% on the first respondent/claimant
for his default. Accordingly, the negligence on the part of the first
respondent/claimant is enhanced from 20% to 30% and after deducting
Rs.1,04,790/- (Rs.3,49,303 - Rs.1,04,790/-), the first respondent/claimant is
entitled to receive a sum of Rs.2,44,513/-. On the other aspects, the award of the
Tribunal is confirmed.
7.In the result, this civil miscellaneous appeal is partly allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
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C.M.A.(MD)No.388 of 2020
8.The learned counsel appearing for the appellant/Insurance Company
submitted that the appellant/Insurance Company had already deposited the entire
award amount before the Tribunal. On such deposit, the first respondent/claimant
is entitled to withdraw the modified amount, by filing necessary application before
the Tribunal. The excess amount if any, shall be refunded to the
appellant/Insurance Company.
02.12.2021
Index :Yes/No
Internet :Yes/No
Ns
To
1.The Motor Accident Claims Tribunal,
Principal District Judge,
Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.388 of 2020
S.ANANTHI, J.
Ns
C.M.A.(MD)No.388 of 2020
and
C.M.P(MD)Nos.4848 of of 2020 and 4693 of 2021
02.12.2021
https://www.mhc.tn.gov.in/judis
