Madras High Court
The Branch Manager vs Jeyalakshmi ...R-1/Petitioner on 6 December, 2021
C.M.A.(MD).Nos. 657 and 658 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).Nos. 657 and 658 of 2020
and
C.M.P.(MD) Nos.6631 and 6632 of 2020
and
C.M.P.(MD)No.2048 of 2021
C.M.A(MD)No.657 of 2020
The Branch Manager,
Oriental Insurance Company Limited,
West Car Street,
Sivakasi. ...Appellant/2nd Respondent
Vs.
1.Jeyalakshmi ...R-1/Petitioner
2.The Proprietor,
M/s.GE PE Industries Functioning at
Dr.No.505, Thiruthangal Road,
Sivakasi Town,
Virudhunagar District. ...R-2/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree in M.C.O.P.NO.40
of 2015, dated 08.08.2019 on the file of the Motor Accident Claims Tribunal
cum Additional District Judge, Virudhunagar.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
C.M.A(MD)No.658 of 2020
The Branch Manager,
Oriental Insurance Company Limited,
West Car Street,
Sivakasi. ...Appellant/2nd Respondent
Vs.
1.Dharmaraj
2.Kaleeswari ...R-1 and R2 / Petitioners
3.The Proprietor,
M/s.GE PE Industries Functioning at
Dr.No.505, Thiruthangal Road,
Sivakasi Town,
Virudhunagar District. ...R-3/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree in M.C.O.P.NO.39
of 2015, dated 08.08.2019 on the file of the Motor Accident Claims Tribunal
cum Additional District Judge, Virudhunagar.
For Appellant : Mr.C.Jawahar Ravindran
For R1& R2 : Mr.M.Jothi Basu
For R3 : No appearance
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
COMMON ORDER
This Civil Miscellaneous Appeal has been filed to set aside the
Judgment and Decree, in M.C.O.P.NO.40 of 2015 dated 08.08.2019 and
M.C.O.P.NO.39 of 2015, dated 08.08.2019, passed by the learned Motor
Accident Claims Tribunal cum Additional District Judge, Virudhunagar.
2.It is a case of accident, which took place on 19.11.2014, at about
2.30 p.m., the deceased Sangilipandi was riding his two wheeler bearing
Registration No.TN-67-J-1021 with his mother's sister Jeyalakshmi who is a
pillion rider from east to west, in Virudhunagar-Sivakasi road, near
Urundachi Oorani, a van nbearing Registration No.TN-84-Z-4695 belongs to
the 2nd respondent herein was parked in a negligent manner, without
following the traffic rules, without blowing any red signal and without any
side indicator, on the road side. Hence, the two wheeler of the deceased was
dashed on the rear side of the above said van. Due to the accident, the
deceased Sangilipandi and the claimant Jeyalakshmi were sustained multiple
grievous injuries over their body. When they were taken to the Government
Hospital, Virudhunagar, the deceased Sangilipandi was died and the claimant
in M.C.O.P.No.40 of 2015 referred to Government Rajaji Hospital, Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
3.The parents of the deceased have filed a petition in M.C.O.P.No.39
of 2015 and the claimant Jeyalakshmi has filed a petition in M.C.O.P.No.40
of 2015 on the file of the learned Motor Accident Claims Tribunal,
Virudhunagar, seeking compensation.
4.Before the Tribunal, on the side of the claimants four witnesses were
examined as P.Ws.1 to 4 and marked nine documents as Exs.P.1 to P.17. One
witness was examined as R.W.1 and marked exhibit Ex.R.1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
insurance company and also on appreciating the evidences on record, held
that the accident occurred only, due to the rash and negligent act of the driver
of the 1st respondent vehicle and he is liable to compensate to the petitioners
in both M.C.O.Ps., and directed the appellant/insurance company to pay a
sum of Rs.7,28,000/- as compensation in MCOP No.39 of 2015 and directed
the appellant/ insurance company to pay a sum of Rs.2,08,000/- as
compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
6.The appellant/insurance company has filed these present appeals
against the award passed by the tribunal.
7. Heard on either side. Perused the material documents available on
record.
8.The Insurance Company filed two Civil Miscellaneous Appeals to set
aside the judgment and decree in M.C.O.P.Nos.39 and 40 of 2015, on the
ground that the deceased was 15 years old at the time of accident. Without
any license, he drove the vehicle and dashed against a standing van.
Admittedly, in claim petition, the age of the deceased was 15 years. He drove
two wheeler along with his mother's sister as a pillion rider. In this case,
there is no dispute about the age of the deceased. He drove the two wheeler
without any license and dashed the parked van. Admittedly, the accident was
at 2.30 pm in a day light. So, the driver of the two wheeler is also
responsible for the accident. But the Tribunal fixed the liability only on the
insurance company of the insured van. When the two wheeler driven by the
deceased and since the age of the driver is 15 years at the time of accident, is
also responsible for 50%. Admittedly, the van was not parked in the middle
of the road, so 50% liability is fixed on the deceased. The award granted by
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
the Tribunal was confirmed as the insurance company is held responsible for
50% only. In the result, C.M.A.(MD)No.658 of 2020 is partly allowed,
directing the appellant/insurance company to deposit 50% of his share in the
total award amount with 7.5% interest. The appellant / insurance company is
directed to deposit his share of award with accrued interest and costs within a
period of four weeks from the date of receipt of a copy of the order. On such
deposit being made, the claimants are permitted to withdraw their share in the
award amount as per the ratio of apportionment made by the Tribunal. No
costs.
ii)In M.C.O.P.No.40 of 2015, the claimant filed the petition for the
injuries sustained in the same accident. She travelled as a pillion rider. The
only objection raised by the Insurance Company is that the Medical Board
issued permanent Disability Certificate as NIL. The injuries are grievous in
nature and there is no evidence for permanent disability. But the Tribunal
erred in fixing the permanent disability as 40% and granted a sum of
Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only) for the 40%
disability without any evidence. There is no evidence let in by the claimant
to prove that she sustained injury in the accident which caused permanent
disability to her. Only claimants are examined as witnesses. So the amount
granted under the column 'Disability' as Rs.1,20,000/- is reduced. C.M.A.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
(MD)No.657 of 2020 is partly allowed. The compensation reduced to Rs.
1,08,000/-(Rupees One Lakh Eight Thousand only) with 7.5% interest. The
appellant is also directed to deposit within a period of four weeks from the
date of receipt of a copy of this order. If any excess amount deposited, the
appellant/insurance company is permitted to withdraw the excess award
amount. After depositing the award amount, the claimant is entitled to
withdraw the award amount. No Costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No 06.12.2021
Internet:Yes/No
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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
The Motor Accident Claims Tribunal
cum Additional District Judge,
Virudhunagar.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 657 and 658 of 2020
S.ANANTHI, J.
pnn
Order made in
C.M.A.(MD).Nos. 657 and 658 of 2020
06.12.2021
https://www.mhc.tn.gov.in/judis
